Key Benefits:
The Prime Minister,
On the report of the Minister of Interior, Overseas and Territorial Communities, the Minister of Labour, Solidarity and the Public Service and the Minister of Health and Sports,
Vu la Act No. 83-634 of 13 July 1983 amended to ensure the rights and obligations of civil servants;
Vu la Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State, including article 34;
Vu la Act No. 84-53 of 26 January 1984 amended with statutory provisions relating to the territorial civil service, including article 57;
Vu la Act No. 86-33 of 9 January 1986 amended with statutory provisions relating to the hospital public service, including article 41;
Vu la Act No. 2004-1370 of 20 December 2004 the financing of social security for 2005, including article 32;
Vu le Decree No. 86-83 of 17 January 1986 amended with respect to the provisions applicable to non-State agents for the application ofArticle 7 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State;
Vu le Decree No. 86-442 of 14 March 1986 relating to the designation of registered physicians, the organization of medical committees and reform committees, the conditions of physical fitness for admission to public employment and the sick leave scheme of public servants;
Vu le Decree No. 87-602 of 30 July 1987 taken for application of Act No. 84-53 of 26 January 1984 bringing statutory provisions relating to the territorial public service and relating to the organization of medical committees, the conditions of physical fitness and the sick leave regime of territorial officials;
Vu le Decree No. 88-145 of 15 February 1988 amended for the purposes of section 136 of the amended Act of 26 January 1984 with statutory provisions relating to the territorial public service and relating to non-public territorial officials;
Vu le Decree No. 88-386 of 19 April 1988 relating to the conditions of physical fitness and sick leave of hospital public officials;
Vu le Decree No. 91-155 of 6 February 1991 amended with respect to general provisions applicable to contractual agents of establishments referred to inArticle 2 of Act No. 86-33 of 9 January 1986 amended with statutory provisions for the hospital public service;
Vu le Decree No. 91-298 of 20 March 1991 amended with statutory provisions applicable to territorial officials appointed in permanent non-full-time employment;
Vu le Decree No. 92-1194 of 4 November 1992 Amending the common provisions applicable to interns of the territorial public service;
Vu le Decree No. 94-874 of 7 October 1994 Amending the common provisions applicable to trainees of the State and its public institutions;
Vu le Decree No. 97-487 of 12 May 1997 Amending the common provisions applicable to interns of the public hospital service;
Having regard to the convocations dated 9 December and 16 December 2009 of the Higher Council of the Hospital Public Service;
Considering the opinion of the Superior Council of the Territorial Service of 16 December 2009;
Considering the opinion of the Conseil supérieur de la service publique de l'État dated 17 December 2009;
Considering the opinion of the Standards Advisory Board dated 4 February 2010;
The State Council (Section of Administration) heard,
Decrete:
Benefit of maternity leave provided forArticle 32 of the Act of 20 December 2004 referred to above the public officer who is prescribed a stoppage of work for a pathological pregnancy related to the exposure to diethylstilbestrol (DES) in utero during the period from 1948 to 1981, by a medical specialist or competent in gynaecology-obstetrics.
In order to obtain a maternity leave for pathological pregnancy related to the in utero exposure to diethylstilbestrol, the officer shall transmit to his or her staff the portions of the specific notice of termination form prescribed by a medical specialist or competent in gynaecology-obstetrics, which do not contain personal medical records. It retains the parts that must be submitted to any request of the authorized physician, in the context of a counter-visit organized in accordance with the terms provided for in Article 3 of this Decree.
The public employer may at any time conduct the counter-visit of the person concerned by a registered physician. The authorized physician may, if he considers it necessary, surround himself with the advice of an accredited physician, an expert in the field of pathologies related to diethylstilbestrol exposure, or consult an expert of these pathologies on a list prepared by the regional prefect, after consultation with the regional birth commission.
The officer must submit to this counter-visit, under penalty of interruption of the payment of his remuneration.
The competent medical committee may be seized, either by the public employer or by the individual, of the conclusions of the authorized physician.
In the event of a pathological pregnancy related to in utero exposure to diethylstilbestrol, the agent is paid maternity leave under the conditions prescribed by the regulations that are applicable to him on the first day of employment. This leave ends no later than the day before the prenatal leave begins.
The Minister of the Interior, Overseas and Territorial Communities, the Minister of Labour, Solidarity and the Public Service, the Minister of Health and Sports, the Minister of Budget, Public Accounts and State Reform and the Secretary of State responsible for the Public Service are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, July 1, 2010.
François Fillon
By the Prime Minister:
Minister of Labour, Solidarity
and the Public Service,
Eric Woerth
The Minister of the Interior,
the overseas and territorial authorities,
Brice Hortefeux
Minister of Health and Sports,
Roselyne Bachelot-Narquin
Minister of Budget, Public Accounts
and state reform,
François Baroin
Secretary of State
Public Service,
Georges Tron
