the first appeals of caregivers suspended because they are not vaccinated have been filed

Caregivers at Drôme Nord hospitals, suspended because they are not vaccinated, have decided to go to court. Nine first appeals were lodged with the Administrative Tribunal of Grenoble by their lawyers, Friday, September 24.

These caregivers who have decided to go to court are on sick leave. However, according to their lawyers, suspending people on sick leave is illegal. “The employer, in this case, the Romans hospital center, by suspending and depriving these caregivers on sick leave of remuneration, judges the merits of the medical reason for the work stoppage. It is not possible : only a certified medical inspector can judge the medical grounds“, explains Maître Anne-Valérie Pinet, one of the lawyers for the suspended caregivers.

According to the lawyer, normally, sick leave protects employees. Under this status, benefits are paid to them every day. But if they are suspended during their stop, then effectively they do not receive anything.

“The vaccination obligation concerns everyone”

“_Only active workers can take sick leave, which is not the case for caregivers who are automatically suspended since they are not vaccinated_s“, answers Vincent Pegeot, director of the Drôme Nord hospitals.”The vaccination obligation concerns everyone, including employees working from home. If these employees on sick leave sent us a vaccination certificate, we would lift the suspension and they could once again receive their benefits.“, says the director.

In their appeals, the lawyers request the lifting of the suspension for these nine people, and the return of their sickness benefits. Claudia * is one of those caregivers who have decided to go to court. She is administrative staff at Romans hospital: “_I stopped on the 13th, I received my letter of suspension on the 16th_. I did not expect it, as I was on sick leave, I did not expect to be suspended“, she testifies.

Claudia says it: she did not go on sick leave just to avoid the suspension on September 15. She felt at the end: “It’s difficult, the situation for two months … it’s two months of pressure. This is not a stop of convenience, I have important family problems that make me exhausted.”

No leave without commitment to be vaccinated

Another point that the caregivers’ lawyers deem illegal: the hospital has refused unvaccinated caregivers to take their leave since September 15. Some unvaccinated caregivers had planned to take their leave at this time, not to be suspended immediately and to be paid a little longer. “_These people got time off, most of the time during epidemic waves, and were told they couldn’t use them if they didn’t commit to getting the vaccine._, which is completely absurd and for us completely illegal“, explains master Anthony Florent, the other lawyer for caregivers who have decided to go to court.

“They allow us to take 5 days to get in order and get vaccinated. I have 13 days to ask. During the epidemic, we were told that we could not be replaced, that there were already too many people on sick leave … We have been dedicated, it is a profession where we do not hesitate to come back during our holidays, we come back for the colleagues, for the patients, and they played the top“, testifies Marie, nurse at the hospital of Romans.

The management of Drôme Nord hospital confirms that caregivers must undertake to be vaccinated to take their days off. According to the director, Vincent Pegeot, taking days without vaccination at the end, it only lengthens the time before the suspension.

* First names have been changed

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