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Vaccination obligation: several suspensions of caregivers canceled by justice

2021-10-30T16:44:38.392Z


The administrative courts of Rennes and Grenoble invalidated the suspensions of caregivers, not vaccinated against Covid-19, who were on sick leave.


Several courts have declared suspensions of unvaccinated caregivers overturned within days.

The latter have been subject to compulsory vaccination since September 15 (and a complete vaccination schedule since October 16).

Read alsoObligation to vaccinate caregivers: overseas lagging behind

On Thursday, October 28, the summary judge of the administrative court of Rennes ruled in favor of six nurses and nursing assistants from the Bretagne Sud hospital group, reports France 3 and

Le Télégramme

.

The two media explain that "

they had been suspended from their functions and deprived of any remuneration

".

They were all on sick leave, before the implementation of the health measure.

No obligation in the event of sick leave

On Tuesday, October 26, it was the administrative court of Grenoble that canceled the suspension of nine hospital staff in Drôme, indicates France Bleu Drôme Ardèche.

Same situation: they had not justified their vaccination while they were on sick leave.

They had therefore "

filed a request for interim relief a month ago,

" said local radio.

Read alsoCovid-19: "About 15,000" professionals subject to compulsory vaccination have been suspended

According to the order of the summary judge, mentioned by France Bleu and of which AFP has had a copy, the provisions of the law of August 5 "

do not apply to the agent who, placed on sick leave at the date of their entry into force, is not in a position to exercise its activity

”.

Earlier this month, a similar decision was rendered by the Cergy-Pontoise court, says France Soir.

Take into account the workplace

Another cancellation in the Loire department.

Also on Thursday, October 28, the management of the CHU de Saint-Étienne and the Center hospitalier de Roanne announced the reinstatement of three hospital staff, suspended because not vaccinated.

She thus respected the decision of the administrative court of Lyon, which invalidated their suspension in a summary judgment, according to France Bleu Saint-Étienne Loire.

The reason ?

The three agents work in the kitchens of their establishment.

The court will issue its final decision in several weeks.

Read alsoVaccination obligation: "3000 suspensions" of unvaccinated nursing staff, announces Olivier Véran

Other caregivers, opposed to vaccination against Covid-19, are trying to cancel their suspension: 12 agents working for the hospitals of Pithiviers, Montargis and Orléans, according to France Bleu Orléans, and 31 at the CHU of Nice, according to France Bleu Azure.

Source: lefigaro

All news articles on 2021-10-30

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