By Éric Verhaeghe https://lecourrierdesstrateges.fr/
The Cergy-Pontoise administrative court has just rendered an essential decision that will set a precedent for all unvaccinated caregivers on sick leave, whose public hospital has violated their rights to compensation. He has just … suspended the suspension of a caregiver, laid off by her hospital during her sick leave. The court orders the payment of wages. This decision confirms the position we have been taking for several weeks on the impossibility of suspending sickness benefits for caregivers regularly arrested before September 15.
Decision of the Cergy-Pontoise TA canceling the suspension of a caregiver on sick leave from Société Tripalio
The suspension of a caregiver on sick leave has been an extremely classic situation for several weeks. In still unknown proportions, compulsory vaccination in defiance of the precautionary principle has forced many caregivers to absenteeism. Sometimes, the extreme employer violence that swept through the teams this summer and back to school simply caused burnouts among those who did not want to receive the precious chrism.
The illegal position of hospitals on sick leave and suspension
Faced with the temptation of absenteeism among unvaccinated caregivers, hospitals have reacted with illegality. They have simply decided to stop the sickness payments of suspended caregivers, which is absolutely illegal as those who read us know . These pitiful methods, which discredit the entire hospital administration, starting with its spearhead the FHF chaired by the mayor of Fontainebleau Frédéric Valletoux, plunge into the precariousness of entire families of caregivers who simply claim the right to free and informed consent in the face of to a vaccine which only benefits from a conditional authorization, in view of the lack of perspective on its side effects.
The first disputes have therefore started to flourish on this very specific issue of the sick leave which took place before September 15.
The salutary decision of the Cergy court
In Cergy, the court therefore had to rule on an interim suspension concerning this situation of a work stoppage that took place before September 15. He made a happy decision:
Ms M., although subject to compulsory vaccination, was, due to her stoppage of work, unable to effectively carry out her activity and was therefore not required to provide her employer with the documents. mentioned in I of article 13 or, failing that, in B of I of article 14 of the same law, before the effective resumption of his service. She could not, in any event, be deprived of her acquired rights to promotion simply because of the failure to present these documents. It follows that the plea based on the fact that,
Translation: as the caregiver in question was on sick leave on September 15, she could not come to her workplace to provide her vaccination schedule. It is therefore unduly that the hospital suspended her. And the judge of Cergy condemns the hospital to pay the sums due:
The hospital center is ordered […], on a provisional basis, to pay Mrs. M., as of September 15, 2021, the remuneration to which she is entitled within the framework of her work stoppage, to assimilate the period of ” absence from the service of the person concerned from that same date to a period of actual work for the determination of the duration of her paid leave as well as for her acquired rights by virtue of her seniority and to take into account this same period in for its advancement, within five days of notification of this order.
This is an encouraging decision for all caregivers placed in this position.
A standard letter to send to your employers if you are on sick leave
We are publishing here a model letter written by Maître Maud Marian that suspended caregivers can send to their employer to enforce the Cergy-Pontoise case law.
We let everyone take these models and rework them. Remember to send it by registered mail with acknowledgment of receipt.
Letter template for suspended and discontinued civil servants from Société Tripalio