Everyone knows the first 3 days of sick leave don’t require a certificate, right? If you are off for longer then yes, you need a certificate. Those first days can be used to wait and see whether you get better or even just to try to organise an appointment with your GP in order to have their opinion on your options: sometimes getting an appointment can take some time! So, yes, sick leave without a certificate which subsequently becomes sick leave with a certificate is not unusual (≤ 3 days without + x days with = good). Though note that the medical service can still check in with you as they wish.
Nevertheless, it looks like Sysper was not aware of these rules or that this normal, everyday situation was considered suspect. We were informed by one of our members that in the perfectly normal situation described above (3 days of sick leave without a medical certificate immediately followed by sick leave covered by a medical certificate) Sysper generates the following warning message.
Please be aware that while our example above is perfectly acceptable, the opposite is not allowed. The Commission Decision introducing implementing provisions on absences as a result of sickness or accident stipulates that ‘an absence on grounds of health which is not covered by a medical certificate may not follow a period of sick leave which is’ ( x days with + ≤ 3 days without = bad). So normally you must go back to work once sick leave with a medical certificate expires.
- x days with a certificate + ≤ 3 days without a certificate = problem
- ≤ 3 days without a certificate + x days with a certificate = good
We sent a note to Ms Gertrud INGESTAD, Director-General of DG Human Resources and Security, sharing our legal analysis and asking that the warning message in Sysper be corrected. It’s already hard enough being sick without having Sysper threaten to make you use up your annual leave!
In her reply, Ms INGESTAD admitted that the warning message in Sysper is indeed not in line with the said Commission Decision, and informed us that her services are working with DIGIT to correct it as soon as possible. In the meantime, and in spite of the message within Sysper, the leave managers (GECOs) [gestionnaire de congés] continue to validate ≤ 3 days of sick leave without a medical certificate as normal when it immediately precedes a period of sick leave covered by a medical certificate.
We thank DIGIT for fixing this issue and our colleague for bringing this to us!
On the topic of Sysper, we are still waiting for confirmation that it has indeed been possible to automate the transfer of more than 12 days of annual leave to the following year where it is a right.
As ever, if there is something that affects you and makes you think ‘that shouldn’t happen!’ then get in touch with us. Generation 2004 will assist you with the information and the tools you need to enforce your rights, just as we did with colleagues being ‘volunteered’ for standby duty, those whose sensitive information was visible in applications for a new role, interim staff having access to training and a colleague denied access to their own medical file.
As always, we would love to hear from you. Please do not hesitate to get in touch with us or leave a comment below.
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