A Vendée woman is refused an “extension” of long-term sick leave to treat her breast cancer

THE administrative court of Nantes rejected an employee of the Auguste & Jean Renoir College from La Roche-sur-Yon (Vendée), who contacted him in January 2020 after being refused an “extension” of the long-term sick leave which had initially been granted to him to treat his breast cancer.

This “territorial technical assistant to educational establishments” had in fact encountered a refusal on December 20, 1019. his employer, the Department of Vendéeto charge work stoppages subsequent to his return to duty to this long-term sick leave.

Virginie XXX, however, thought she could take advantage of the provisions of the law of January 24, 1984 relating to the territorial civil service: they provide that the civil servant “is entitled (…) to long-term sick leave of a maximum duration of three years” if his illness makes him “unable to carry out his duties”.

It “retains the entirety” of his salary for one year and it is “reduced by half during the two years that follow “. This long illness leave “may be used continuously or discontinuously”, specifies the law.

“Ordinary sick leave”

In this case “Ms. XXX was diagnosed with breast cancer in February 2018 and underwent, from April 2018, treatment with chemotherapy then radiotherapy which allowed the remission of her illness”, recontextualizes the court administrative office of Nantes in a judgment dated April 4, 2024 which has just been made public. She then returned to her duties a year later, in April 2019, as part oftherapeutic part-time.

But, during this “therapeutic half-time”, the Renoir college employee had been placed “on leave several times” and the Vendée Department had classified them as “ordinary sick leave”, which had had an impact on the amount of his remuneration.

“She maintains that her work stoppages which occurred after her reinstatement were part of following her breast cancer and should, therefore, have given rise to an extension of leave long illness”, summarizes the administrative court of Nantes in a judgment dated April 4, 2024 which has just been made public. “She produces in particular (…) a letter (…) from Dr. XXX mentioning the performance (…) of a hysteroscopy endometrial resection which was carried out with difficulties. »

“However, it does not appear from this letter or from any other document in the file” that this inspection of the uterus “would have presented a link with the breast cancer from which Ms. XXX suffered,” consider the three judges from Nantes. There request was therefore rejected and the applicant cannot be compensated for her loss of wages.

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