Reinstatement of officials who have reached the 15-year limit for leave on personal grounds (CCP) or are on de facto CCP

This administrative notice reviews the rules on the reinstatement of officials who are on de facto leave on personal grounds or who have reached the maximum limit of 15 years for CCP. In particular, it introduces a change to the administrative procedure required by the entry into force of the new Staff Regulations.

Article 40(4)(d) of the Staff Regulations states that "on the expiry of his leave an official must be reinstated in the first post corresponding to his grade which falls vacant in his function group, provided that he satisfies the requirements for that post. If he declines the post offered to him, he shall retain his right to reinstatement when the next vacancy corresponding to his grade occurs in his function group, subject to the same proviso; in the event of a second refusal, the official may be dismissed after consultation of the Joint Committee..."

Under the Staff Regulations in force until 1 May 2004, the duration of CCP was usually limited to three years. In certain cases the maximum duration was longer (for example, five years for bringing up a child and six years to follow a spouse who was working for the Communities). However, in practice, the appointing authority did not usually insist on officials returning to active employment at the end of the three-year period. A number of officials therefore remained on de facto CCP.

Since 1 May 2004 the maximum duration for CCP has been 15 years (the second paragraph of Article 40(2) of the Staff Regulations). The amended maximum limit for CCP is very much in the interests of the staff, because it is a period which suits their personal and family needs. Consequently, the appointing authority has decided to interpret the new time limits strictly.

With a view to ensuring a smooth transition, the appointing authority has taken the following two measures:

1.          Regularisation of existing cases:

The appointing authority has asked all those concerned to regularise their administrative situation by applying to renew their CCP, to be reinstated, to retire or to resign. Officials who have completed 15 years of CCP will be offered the chance to be reinstated. In future, the administration will contact officials on CCP inviting them to regularise their situation if their CCP is drawing to an end (three months before the end of their CCP) or has expired.

2.          Information for staff about the implementation of Article 40(4)(d) of the Staff Regulations:

The appointing authority is publishing this administrative notice to draw the attention of those concerned to the steps it intends to take when their CCP expires. In particular, those concerned should realise that if they refuse two offers of posts the appointing authority will generally recommend that they be dismissed. In practice, the new provisions of the Staff Regulations will be implemented as follows:

• Officials on CCP who reach the maximum time limit laid down in the Staff Regulations will be offered a post, in accordance with Article 40, with a view to reinstatement in the directorate-general where they worked before taking CCP.

• If they refuse this offer or fail to respond, a second job offer will be made. 

• If they refuse the second offer, or fail to respond, DG ADMIN will consult the Joint Committee with a view to requiring their resignation. The appointing authority will reach a decision with due regard to the Staff Regulations, after examining the individual case and taking into account the opinion of the Joint Committee (COPAR).