Ordinance on the Reintegration of Persons with Health Impairments (ORPS) - Purpose (WEV)

**1. This Regulation aims to:**

a) promote the continued employment of state employees of Freiburg with health limitations;

b) preserve the entitlement to social insurance benefits or access to the employer state's social service offerings;

c) offer social and professional integration or reintegration;

d) support existing integration and reintegration projects;

e) intervene in special cases where the Swiss social insurance system does not apply.

1. This regulation primarily applies to employees of the State of Freiburg who are affected by permanent health impairments during employment in the service of the state as defined by Article 2 of the StPG.

2. If sufficient financial resources are available, it also applies to persons who have completed retraining with the State of Freiburg and for whom there is a specific integration project in collaboration with an employment authority of the state.

1. Reintegration refers to the return of a person to their previous or another adjusted workplace after a prolonged incapacity for work or an incapacity for work due to a health restriction.

2. Health is a state of complete physical, mental, and social well-being, and not merely the absence of disease or infirmity. The interaction of biological, psychological, and social factors plays a role both in the maintenance and impairment of health.

3. Difficulties in professional integration or reintegration are situations where a person's employability, that is, their ability to find and retain employment, advance professionally, and adapt to changes throughout their working life, is problematic.

1. All employees with health limitations may contact the Counseling Center Espace Health-Social in accordance with the Ordinance on the Counseling Center Espace Health-Social (CESS) and submit an employment application.

2. Any hiring authority willing to employ individuals with health limitations for reintegration or support the employment application of a person undergoing retraining within their unit may contact the CESS.

1. The employment application can be submitted by the person with a health limitation themselves and/or by an employment authority to the CESS.

2. The employment application is part of the dossier maintained at the CESS. It includes an application dossier of the person with a health limitation containing

a) Curriculum vitae;

b) Cover letter;

c) Medical report detailing capabilities and limitations;

d) Inventory of steps taken towards reintegration up to the time of application;

e) Support of the reintegration project by an employment authority.

1. The CESS conducts a preliminary review of each individual application to assess whether the requirements under this regulation are met and whether it is justified. In doing so, it particularly takes into account the following factors

a) The individual's belonging to the target group;

b) Budgetary funds for wage cost financing;

c) The individual's health condition;

d) Possible workplace adaptation to the individual's capabilities;

e) The individual's employability;

f) The individual's familial, psychosocial, and financial situation.

2. Subsequently, the CESS forwards the financing application to the head of the Office for Personnel and Organization (POA).

3. The financing must be validated by the head of the POA.

4. The CESS informs the individual with a health limitation and/or the requesting employment authority about the approval or rejection of an application or the lack of necessary financial resources.

1. For each employment application, an electronic dossier shall be created in accordance with Articles 12-16 of the CESS Regulation.

2. The CESS shall review the reintegration objectives for each ongoing case at least once a year.

1. The Employment Contract is issued by the Employing Authority. The source of funding (reintegration credit) is explicitly stated therein.

2. Employees with health restrictions are subject to the legislation on state personnel.

3. Remuneration is determined by the salary scale and job classification of state personnel; the POA must provide an opinion on this.

4. In exceptional cases, the salary can be paid as a fixed amount or as an hourly wage.

5. In principle, the degree of employment is determined taking into account the degree of disability of the employee, their ability to work and limitations, as well as the capabilities of the employing authority.

1. Employees with health limitations are hired under a fixed-term employment contract.

2. The hiring authority commits to utilizing, as far as possible, natural personnel turnover, conversion, or creation of positions to employ the person hired under paragraph 1 within the staff budget of the administrative unit upon the expiration of their contract.

3. A person employed under paragraph 1 may be released before the expiration of the fixed-term employment contract, generally with a one-month notice by the end of the month, if they secure a new, permanent employment contract.

1. The financing of the employment of employees with a health impairment is provided through an annual credit, which is included in the ordinary budget.

2. The salary costs for employing an employee with a health impairment are recorded in the accounts of the affected administrative unit or institution.

3. A position filled by a person with a health impairment within the meaning of this regulation does not count towards the staffing budget of state personnel.

4. If the corresponding credit is exhausted, state employees in the sense of Articles 2 and 3 of the State Personnel Law (StPG) have priority over all other persons in the sense of Article 2 paragraph 2 of this regulation.

1. For employees whose wages are funded at the time this regulation comes into effect in accordance with the decision of February 25, 1992, concerning the employment of disabled persons, there will be no changes to the terms of employment until the end of their employment relationship.