EPO Squeezing the Staff - Part I - Burnout and Family Health
Today we'll publish a pair of publications. These serve to illuminate attacks on workers (whose health deteriorates and who are moreover compelled to give illegal monopolies for corporations to use against Europe).
The EPO's union, or the SUEPO TH committee (staff union for people working in the Netherlands), has a new publication which deals with the cuts. António Campinos is cheapening things while granting more illegal patents. What does that mean to the health of staff, set aside the economic harm to Europe?
SUEPO TH wrote about special leave: (i.e. more exceptional circumstances)
Dear members, dear colleagues,
We would like to remind you to request special leave via MyFips in case (among others) of an ill child, spouse, relative in the ascending line or parents-in-law. Special leave is fully paid, and travel days may be granted in addition if the situation requires you to travel during working time. If you are on annual leave and your relative falls sick, you can request special leave by emailing your Line Manager informing them that a special leave request will follow. Once the special leave is granted, the corresponding annual leave days will be re-credited.
Our understanding is that if a staff member needs to attend to the needs of a sick child, spouse, relative in the ascending line or parent-in-law during working hours, and this compromises their ability to work, they must request – and be granted - special leave. Caring responsibilities need time and energy and cannot simply be “flexied” (i.e. “squeezed”) into a normal working day, and even more so for many of us who live far away from our loved ones. Doing so repeatedly could put your own health at risk.
A note on medical certificates: MyFips and the CODEX refer to medical certificate, however doctors in the Netherlands do not issue such certificates, so we are the case stipulated by Article 59(3)(i): “if the doctor consulted refuses to issue a medical certificate, the employee shall supply the Office with that doctor's name and address” [emphasis added].
[...]
If you find yourself in any of these situations, apply for the special leave you are entitled to.
There is a lengthier publication from SUEPO TH, dated yesterday:
INTERNATIONALE GEWERKSCHAFT IM EUROPÄISCHEN PATENTAMT
STAFF UNION OF THE EUROPEAN PATENT OFFICE
UNION SYNDICALE DE L'OFFICE EUROPEEN DES BREVETS25 June 2025
su25005hp 0.2.1 – 4.3Reminder special leave – illness in the family
Dear members, dear colleagues,
We would like to remind you to request special leave in case (among others) of an ill child, spouse, relative in the ascending line or parents-in-law - see also Article 59(3) and Circular 22 Rules 6-9 ServRegs, CODEX in Annex below. Special leave is fully paid, and travel days may be granted in addition if the situation requires you to travel during working time.
You can request special leave via MyFips > Time and Leave > Special Leave requests – available via the intranet or by typing q/myfips directly in your browser. If you are on annual leave and your relative falls sick, you can request special leave by emailing your Line Manager informing them that a special leave request will follow. Once the special leave is granted, the corresponding annual leave days will be re-credited.
Our understanding is that if a staff member needs to attend to the needs of a sick child, spouse, relative in the ascending line or parent-in-law during working hours, and this compromises their ability to work, they must request – and be granted - special leave1. Caring responsibilities need time and energy and cannot simply be “flexied” (i.e. “squeezed”) into a normal working day, and even more so for many of us who live far away from our loved ones. Doing so repeatedly could put your own health at risk.
A note on medical certificates: MyFips and the CODEX refer to medical certificates2, however doctors in the Netherlands do not issue such certificates, so we are the case stipulated by Article 59(3)(i): “if the doctor consulted refuses to issue a medical certificate, the employee shall supply the Office with that doctor's name and address” [emphasis added]. If you find yourself in any of these situations, apply for the special leave you are entitled to.
As always, do not hesitate to contact us or your local staff committee The Hague for questions, comments or assistance.
___________
1 This seems to also be the interpretation of the CODEX by the ILOAT, see cons. 16 and 17 in related judgment 4800.
2 “as certified by a doctor (if the doctor consulted refuses to issue a medical certificate, the employee shall supply the Office with that doctor's name and address)”
Related CSC publication: “What you should know about special leave”, CSC, 10.07.2024.
Kind regards,
Your SUEPO TH committee [...]ANNEX:
Article 59(3):
In addition to annual leave, a permanent employee may, on application, be granted special leave. In the following cases special leave in terms of working days shall be granted as shown:
(a) marriage of the employee: four days; (b) change of residence of the employee: up to two days; (c) serious illness of spouse: up to three days; (d) death of spouse: four days; (e) serious illness of a relative in the ascending line: up to two days; (f) death of a relative in the ascending line: two days; (g) birth of a child: ten days, to be taken during the 14 weeks following the birth; (h) serious illness of a child: up to two days; (i) hospitalisation of a child aged 12 or under or very serious illness of a child, as certified by a doctor (if the doctor consulted refuses to issue a medical certificate, the employee shall supply the Office with that doctor's name and address): up to five days; (j) marriage of a child: two days; (k) death of a child: four days; (l) death of the wife during maternity leave: the number of calendar days corresponding to the remaining maternity leave; if the deceased wife is not an employee, the remaining maternity leave is determined by applying the provisions of Article 61, by analogy.
The conditions and rules relating to special leave shall be laid down by the President of the Office after consulting the relevant joint committee. In view of particular family circumstances the President of the Office may grant leave in addition to special leave under the first sub-paragraph of this paragraph as compensation for the travelling time involved.
Circular 22:
Rule_6 Article 59 Special leave with pay (1) All applications for special leave, and for additional leave for travel time in connection with any case of special leave, must be referred to the Human Resources Department with the recommendation or otherwise of the person competent to countersign applications for annual leave. (2) Applications must be submitted on a standard leave form as early as possible in advance of the requested date of commencement of the leave. Where the circumstances are such as to render it impossible for the employees concerned to obtain prior authorisation, they should endeavour to inform their line manager of these circumstances without delay and submit a written application as soon as possible thereafter. (3) In addition to the cases provided for in Article 59(3), special leave may be granted inter alia in the following cases and up to the following limits:
(a) Death of another immediate relative (e.g. grandchild, brother, sister) 2 working days Serious illness of parents-in-law 2 working days Death of parents-in-law 2 working days Death of any other person related by blood or marriage 1 working day
For the purposes of special leave, dependants within the meaning of Articles 69 or 70 of the Service Regulations will be regarded as Children.
(b) Voting in national elections or referenda in the country of origin, Court appearances: Necessary periods determined by the President in each case (c) Transfer to another place of employment 5 working days, including travel time
(d) Further training: examinations Employees may, on request, be granted up to ten days' special leave per year for further training and/or examinations. In granting such leave, due account will be taken of the requirements of the service. This provision applies to requests from staff for permission to attend further training courses and to sit examinations on their own initiative. Special leave for training purposes can be granted in the following cases: − to enable employees to sit examinations (not to prepare for them) − for 50% of the duration of the course for attending language courses in one of the three official languages away from the employee's place of employment.
Three days' special leave may be granted, on request, to employees who pass the European qualifying examination, by way of compensation for the time spent preparing for that examination. Employees should apply for such leave within six months of the date of being informed by the Examination Board that they have passed.
(e) Special leave will be supplemented, where applicable, by the necessary travelling time. The duration of the journey and the route will be calculated in accordance with the regulations governing duty travel. The following travel times will be considered as the minimum necessary: (i) ½ a day when the distance between place of employment and destination in either direction is between 100 and 400 km or the journey in either direction takes between four and eight hours; (ii) ½ a day each way when the distance in either direction is between 401 and 800 km or the journey in either direction takes between eight and twelve hours; (iii) 1 day each way when the distance in either direction is more than 800 km or the journey in either direction takes over twelve hours. However, this regulation does not apply where the entire travel time required falls on a weekend or public holiday. Travelling time for the outward or return journey will be credited if the journey is actually made on a working day (during working hours). This applies even if the weekend or a public holiday could have been used instead. Example: − special leave on Monday, 8 July and Tuesday, 9 July − journey to a destination over 800 km away − outward journey on Friday, 5 July: one travel day credited − return on Wednesday, 10 July: one travel day credited On both travel days the employee is absent from work throughout working hours.
Rule 7 Article 59 Special leave for the birth of a child (a) Entitlement (i) An employee is entitled to ten working days' special leave upon the birth of a child, under the conditions laid down in Article 59 of the Service Regulations. Multiple births (twins, triplets, etc.) confer a single special leave entitlement. (ii) The special leave may be supplemented once, where applicable, by the necessary travelling time (see Rule 6(3)d)). (iii) The child must be considered dependent within the meaning of Article 69 of the Service Regulations. (b) Procedure (i) The employee must provide the Human Resources Department with the birth certificate issued by the relevant national administrative authority. A certified translation into one of the official languages may be requested. (ii) The leave must be taken during the 14 weeks following the birth.
Rule 8 Article 59 Special leave Hospitalisation of a child of twelve years of age or under, or very serious illness of a child (a) Entitlement (i) An employee is entitled to up to five working days' special leave for the hospitalisation of a child aged twelve or under or the very serious illness of a child under the conditions laid down in Article 59 of the Service Regulations. (ii) The special leave may be supplemented, where applicable, by the necessary travelling time (see Rule 6(3)d)). (iii) The child must be considered dependent within the meaning of Article 69 of the Service Regulations. 6 (b) Procedure (i) The employee must provide the Office's medical adviser with a medical certificate containing the employee's name, the full name and date of birth of the ill child and the expected duration of the illness. The medical adviser will inform the Human Resources Department whether in their opinion the medical conditions of Article 59(3)(i) are met. (ii) In the event of hospitalisation, the medical certificate must also state the dates on which hospitalisation will start or started and is expected to finish. (iii) If the doctor consulted refuses to issue a medical certificate, the employee must supply the name and address of the doctor to the Office's medical adviser. (c) Other conditions (i) This leave may not be used in combination with or in addition to special leave for the serious illness of a child according to Article 59(3)(h) of the Service Regulations.
Rule 9 Article 59 Special leave Death of the mother during maternity leave (a) Entitlement (i) A spouse is entitled to special leave amounting to the number of calendar days corresponding to the remaining maternity leave in the event of the death of the mother during maternity leave, if she is an employee. (ii) If the deceased mother is not an employee, the remaining maternity leave is determined by applying the provisions of Article 61 of the Service Regulations by analogy. (b) Procedure The employee must provide the death certificate of the mother and the birth certificate of the child to the Human Resources Department. (c) Other conditions (i) This special leave may not be granted in addition to special leave for the death of a spouse according to Article 59(3)(d) of the Service Regulations. (ii) This leave is granted in the event of the birth of a viable child.
The more interesting bits will be covered in Part II. █