She says she received “a double slap”. Following cancer, diagnosed in 2019, Fanny Gengenbacher, pediatric nurse at Vesoul hospital for 23 years, alternates sick leave and half-time therapy. Arrested since August 17, she learns with amazement, by letter of September 15 – without having been warned beforehand – that she is suspended from her functions following the entry into force of the vaccination obligation.
She says she sent an email to the management, without response. Until receiving his salary at the end of the month: € 457.33. A real blow for this single mother of three children, in the dead end. “The suspension should take place at the end of the shutdown!” I am suspended when I have not committed a serious fault! », She indignantly.
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A caregiver on maternity leave suspended
Administrative agent at Vesoul hospital for 10 years, Clément * was also informed of his suspension, by letter dated September 15, while he had been on sick leave since the 8th. He too had a salary considerably amputated and he too has not received a response to his emails sent to the hospital.
In total, around thirty agents of the GH70 would be concerned as well as around ten agents from other structures of the department. Together, they formed a collective to denounce this situation and help each other. About fifteen have become attached to Me Grimbert, a lawyer in Besançon. “We are going to challenge these suspensions which seem to us to be criticized. We even had the case of a caregiver on maternity leave suspended. It seems huge to us! “, Confirms the specialist in labor law and social protection. “We are faced with a new situation created by the law of 5 August. For human resources departments, it is not easy. The law is complex for both public and private employees and employers. There may have been some mistakes. What I hope, ”she adds.
Still, for the people concerned, the immediate consequences are enormous. “I told my bank. I saw a social worker. I planned to go to the Food Bank. People contacted me to offer me food. It’s sad to come to this, ”reports Fanny Gengenbacher.
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Class action
Beyond the question of sick leave, there is also that of the vaccination obligation, contested by the members of the collective. “Everyone is free of their body. We were applauded in 2020 and if we refuse this vaccine in 2021, we are less than nothing. It’s hard to live with on a daily basis. It hurts, ”regrets the caregiver. Clement, meanwhile, evokes the suffering of colleagues fallen “in depression” and those who were vaccinated not out of conviction but “because they had no choice”. “We see dramatic situations, people who are doing badly”, confirms Me Grimbert, whose firm has received more than fifty calls in two weeks.
In connection with Besançon and Belfort, the Haut-Saônois caregivers are considering filing a class action lawsuit. As was done at the beginning of September in Nice and end of September in Mulhouse.
* The first name has been changed
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“Regulate as quickly as possible the situation of these agents”, reacts the GH70
Regarding the situation of these agents, here is the response that the GH 70 sent us by email. “The GH70 applied the provisions of the law of August 5, 2021 and proceeded to the suspension of agents who had not entered a vaccination course on September 15, 2021. Agents placed in CMO (ordinary sick leave, that is to say short-term sick leave) before September 15 and not having received their 1re injection were in fact suspended because they were considered to be still in a statutory position of activity. At that date, we did not yet have details from the Ministry. Agents on long-term sick leave, long-term (CLD / CLM) or maternity leave and not engaged in a vaccination course have, however, not been suspended.
Since October 1, the Ministry has provided us with details through its Frequently Asked Questions Covid-19. Agents not engaged in a vaccination course and placed in CMO before September 15 cannot in fact be suspended. The GH70 has therefore taken note of this and is doing everything possible to regularize the situation of these agents as quickly as possible. Regarding the number of suspended agents, around thirty were initially concerned. However, and in view of the regularizations in progress with around ten agents, the number of suspended agents will therefore amount to around twenty. Here again, people on long sick leave (CLM), long term leave (CLD) and maternity leave are not affected by the suspensions. “
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