A figure that does not fade from pay slips: since 2018, the first day of absence due to health reasons is no longer paid for public agents, except for exceptions described by law. A cut that falls on both permanent and contractual staff, regardless of seniority.
But the rule is not set in stone for everyone. Certain conditions, situations related to maternity, or work accidents slip through the cracks. Depending on the agent’s status and the nature of the leave, the procedures, duration, and financial consequences vary. Recently, the legislator has tightened controls and clarified rights in this area.
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Day of waiting in the public service: definition, objectives, and legal framework in 2026
The day of waiting in the public service corresponds to the first unpaid day during a sick leave. Since the 2018 finance law, this system applies systematically to all public agents, whether they are part of the State, a hospital, or a local authority, as soon as they are on ordinary sick leave.
Behind this mechanism lies a stated objective: to hold individuals accountable, contain absenteeism, and bring the public service closer to the private sector. Removing pay for the first day is a choice for equal treatment and controlling public spending. However, the rule does not apply to everything: work accidents, occupational diseases, or maternity leave are exempt from the system. The very nature of the event justifies these distinctions.
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The draft finance law for 2026 continues to regulate this system by setting out the precise terms of the waiting period in the public service. For each new ordinary sick leave, the unpaid day applies, unless the leave directly follows the previous one (medical extension). This process concerns all agents, regardless of category.
For a detailed view of the mechanisms and impacts of the waiting period for sick leave in the public service 1 day, the article “Principle and consequences of the waiting day for civil servants – Campus Recruitment” provides concrete answers regarding remuneration, management of successive leaves, and specifics according to status.
Who is affected by the one-day waiting period and what are the main exceptions?
The day of waiting applies to all public agents, whether they are permanent, interns, or public law contractors, as long as the leave falls under ordinary sick leave. The rule is uniform: it affects all grades and seniorities, starting from the first day of absence.
However, the law provides for situations where the measure does not apply. Here are the specific cases for which the day of waiting does not apply:
- Work accident or occupational disease: the agent retains their full remuneration from the start of the leave.
- Maternity, adoption, or paternity leave: no deduction on the first day, the waiting period is excluded.
- If an ordinary sick leave is extended without interruption, the waiting period is not applied to each certificate: only the very first day of the period remains unpaid.
The day of waiting for public agents therefore targets only ordinary sick leave. It does not apply to long-term sick leave, long-duration leave, or leaves of absence for health reasons. For each new episode of ordinary illness, the deduction applies again, unless in the case of an extension certified by a medical certificate.
Practical consequences: impact on remuneration and steps to take in case of sick leave
The day of waiting directly reduces the remuneration of public agents. From the first day of ordinary sick leave, one day of gross index-linked pay disappears from the pay slip. This deduction applies regardless of status and public employer. No additional compensation fills this loss, except for specified exceptions (work accident, occupational disease, maternity leave).
Administrative rigor is essential. To ensure rights are upheld, the medical certificate must be submitted to the employer within 48 hours of the start of the leave. This document specifies the duration of the leave and whether it is an extension. A delay in submission may result in additional deductions.
- Each new ordinary sick leave triggers a new day of waiting.
- A direct extension does not impose a new deduction.
- In the case of a work accident or occupational disease, the suspension of pay does not apply.
This system, established by the finance law, aims to hold everyone accountable and bring the management of public absenteeism closer to that of the private sector. For services, the stakes are twofold: ensuring continuity of work and maintaining transparent management of absences. It is now up to each agent to navigate this rule, which is now well established in professional life.