29 April 2021

Extending the deadline for appealing against medical administrative decisions

After receiving a complaint from a former civil servant who sought to challenge the decision declaring him unfit to work, the High Commissioner highlighted the difficulty arising from the fact that there are two identical 15-day deadlines. One is the maximum period allowed in which to file an appeal against a decision on the basis of an opinion issued by a Medical Commission. The other is the period in which the Government is required to send a civil servant their medical file, at their request. The High Commissioner recommended that the relevant regulatory instruments be amended to extend the period permitted for appealing decisions on an employee’s fitness for work, and more generally any medical administrative decisions, in order to guarantee that the individuals concerned are able to obtain a copy of their medical file before bringing any claim.

The entire recommendation is available on the site in french version only.