Article 1 - Subject matter and scope
Article 2 - Definitions and purpose
Article 3 - Authorisation and implementation
Article 4 - Duration
Article 5 - Competent authority
Article 6 - Procedure
Article 7 - Date on which authorisation takes effect
Article 8 - Entry into force
DECISION on arrangements for half-time working on medical grounds in the European Parliament
THE SECRETARY-GENERAL OF THE EUROPEAN PARLIAMENT,
having regard to the Interinstitutional Medical Board's discussions of 20 October 1989, 9 February 1990, 5 February 1993, 7 March 1997, 19 October 2001 and 27 April 2012 on arrangements for half-time working on medical grounds,
having regard to Article 2 of the Bureau decision of 13 January 2014 on delegation of the powers of the appointing authority and of the authority empowered to conclude employment contracts,
whereas Parliament wishes to ease the way back to full-time working for staff members who have been on long-term sick leave,
whereas, given that the Staff Regulations make no provision for half-time working on medical grounds, a set of specific rules needs to be introduced,
having consulted the Legal Service, the Staff Committee, the Committee on Equal Opportunities and the Advisory Committee on Prevention and Protection at Work,
HAS DECIDED AS FOLLOWS:
Article 1 - Subject matter and scope
1. This decision lays down rules governing the authorisation of half-time working on medical grounds in Parliament.
2. It applies. to officials and other staff of the Secretariat of the Institution recruited under the Staff Regulations and the Conditions of Employment of Other Servants of the European Union.
Article 2 - Definitions and purpose
l. The purpose of half-time working on medical grounds is to allow staff members who have been absent for a long period on medical grounds to ease back into full-time working, where their state of health warrants such a gradual approach.
2. Staff members covered by this arrangement shall be authorised to work 50% of the normal working hours, as laid down for the Secretariat pursuant to Article 55 of the Staff Regulations, while retaining their full pay and leave entitlements.
Article 3 - Authorisation and implementation
l . Half-time working on medical grounds shall be authorised for medical reasons only.
2. Staff covered by this arrangement shall work half the normal working hours.
3. Half-time working shall be on half-day basis. Daily working hours shall be set by the line managers of the staff member concerned with due regard for his of her needs and the interests of the service. They may be modified by common agreement between the line manager and the staff member concerned.
4. Officials and other Staff members who have been authorised to work part time under Article 55a of the Staff Regulations shall not be entitled to work half-time on medical grounds unless, under their part-time arrangement, they work at least 75% of the normal working hours.
5. Annual leave and special leave may be taken during a period of half-time working on medical grounds. However, any such leave shall be recorded on the basis of the staff member's normal working hours, not the half-time anangement.
Article 4 - Duration
l . Half-time working on medical grounds shall be authorised for a period of no more than one month. That period may be extended twice, where justified by an opinion from the medical service responsible for the place where the staff member is employed (hereinafter 'relevant medical service'). The exact duration shall be set on the basis of a proposal from the medical officer, who shall take account of the provisions of this article, medical need and the duties performed by the staff member concerned.
2. Exceptionally, the maximum duration of three months ma be extended by no more than three consecutive periods of one month where the staff member concerned has a serious illness, as provided for in Article 72(1), third sentence, of the Staff Regulations, on account of which a longer period of half-time working is necessary before he or she can resume work on a full-time basis.
3. Any annual or special leave taken during a period of half-time working on medical grounds shall not extend the duration of that period. If a staff member covered by this half-time working arrangement takes annual or special leave, the medical officer may, where he or she considers this appropriate, ask to see the staff member on his or her return in order to determine whether the half-time arrangement is still necessary and, where appropriate, may propose that the competent authority should bring it to an end.
Article 5 - Competent authority
Half-time working on medical grounds shall be authorised by the Director for Management of Support and Social Services on the basis of an opinion from the medical officer of the relevant medical service.
Article 6 - Procedure
l . Half-time working on medical grounds shall be authorised on the basis of an application submitted by the staff member concerned, which must include a medical certificate specifying the medical grounds for half-time working.
2. The application shall be sent to the relevant medical service. The medical certificate shall be attached in a sealed envelope marked Confidential'.
3. So that the half-time working arrangement may begin on the day on which the staff member returns to work, the application must be submitted at least five working days before the end of his or her last period of cenified sick leave.
4. The doctor responsible for medical leave may propose that a staff member returning from a
long period of absence on medical grounds should be authorised to work half time, in which case he or she shall notify the relevant medical officer. In such cases, the staff member shall not be required to attach a medical certificate when submitting his or her application to the relevant medical service.
5. The medical officer shall forward his or her opinion on the application to the competent authority at the earliest opportunity, where appropriate after having examined the staff member concerned.
6. The competent authority's decision shall be notified to the staff member, his or her line manager and the relevant medical service.
Article 7 - Date on which authorisation takes effect
The period of half-time working on medical grounds shall begin no earlier than the date on which the Director for Management of Support and Social Services gives his or her authorisation.
Article 8 - Entry into force
This Decision shall enter into force on the first day of the month following that in which it is adopted.
Klaus WELLE
(Signed on 17 December 2014)