The Administrative Court of Nîmes has ruled in favor of two healthcare workers, a nurse and a childcare assistant, who were suspended without pay from the Carémeau University Hospital in Nîmes for not being vaccinated against COVID-19.
The court annulled the suspension, which was imposed while the employees were on sick leave, in violation of the law that requires full pay to be maintained during a three-month period of illness for public hospital employees. The court’s decision did not address the vaccination status of the workers, but focused on the conditions of their suspension. The court ordered the hospital to restore the workers’ salaries and benefits, as well as their seniority and career advancement, and to pay the salaries that were withheld during their sick leave. Although one of the workers has returned to work, the other has taken up employment at another facility.