1 State - People - Authorities - 15 Authorities - 152 Council of State and Cantonal Administration - CHAPTER ONE General Provision (RST)

[2] 1 Subject to other legal or regulatory provisions, this regulation is applicable to the civil servants of the cantonal administration.

2. Considered as civil servants are the staff members designated in Article 3, letters a and b, of the Public Service Status Law (hereinafter: PSSL), of June 28, 1995, as well as the administrative staff members of the cantonal public teaching institutions.

Unless otherwise provided by law, the personnel department (hereinafter: human resources department) is competent to proceed with the provisional hiring as well as the hiring under private law contract of the personnel of the cantonal administration and the administrative staff of the cantonal public educational institutions.

[3] 1 The commander of the cantonal police is authorized to proceed with the provisional hiring as well as the hiring under private law contract of members of the gendarmerie, those of the security police, as well as police cadets and assistants.

2. The human resources department is informed of the concluded hirings.

[4]

The provisional appointment or nomination is communicated to the selected candidate in the form of a decision indicating, in particular, the position, the start date, the salary grade, and the initial salary.

[5] 1. As a rule, parents or relatives up to the second degree inclusive, as well as those united by marriage, registered partners, or individuals living in a common household, are not engaged in functions that establish a direct hierarchical relationship between them.

2. As long as a fair representation of men and women is not achieved within a service, applications from the underrepresented gender will be given particular consideration, provided the qualifications and personal circumstances are equivalent.

3. For positions of responsibility, priority will be given to the underrepresented gender when qualifications and professional competences are equivalent.

4. Provided it does not interfere with the operation of the service, requests for part-time employment are to be considered favorably.

5. Any full-time position advertised can be filled at a rate of activity between 80% and 100%, unless exempted by the Council of State. If applicable, the entire reduction in the rate of activity may be reallocated within the service.

[6] To the extent that it does not interfere with the efficient operation of the service, a position may be shared between two or more part-time individuals who collectively assume the same function.

[7] 1 The complete description of the public job offer is disseminated on the State's Intranet and Internet sites.

2. The main characteristics of the public job offer may also be published in the main daily newspaper of the canton.

3. The publication may extend to media outside the canton, particularly when advertising positions requiring special qualifications or to ensure greater visibility of the public job offer.

4. The human resources department is solely competent to order the dissemination or publication of the public job offer, subject to contrary legal provisions.

[8] 1 The publication or dissemination must

a) Indicate the title of the vacant position, the department concerned with the publication, the application deadline, and mention the means to access the complete job description;

b) Consistently state the position title in both masculine and feminine forms and in full wording;

c) Indicate, for positions of responsibility, that female applications are strongly encouraged;

d) Repealed.

2. When the position is likely to be filled by means of a call for applications, the offer shall indicate this and its publication is limited to the Official Gazette.

1. Internal Professional Mobility of Public Office Holders is Encouraged, Particularly through Adequate Information.

2. An Office for Internal Professional Mobility is Made Available to Heads of Service and Public Office Holders to Assist Them in Their Internal Recruitment or Internal Mobility Processes.

[10] 1 The Council of State adopts a policy to control the staffing levels and payroll of state personnel.

2. The human resources department issues the necessary directives for this purpose and provides the appropriate tools to services for monitoring their staffing levels.

3. A waiting period of three months applies to the replacement of personnel. The human resources department defines exceptions through directives.

For the purposes of Article 7, paragraph 2, LSt, any employment with working hours less than one-third of those of a full-time position is considered to be part-time work.

The communication of information or documents within the administration is authorized when it is necessary for the performance of the service.

The communication of information or documents to third parties is governed by the regulation concerning the communication of the Council of State and the cantonal administration, of March 26, 2001 [11].

1. In the event of an absence due to illness, accident, military service, civil protection, or any other case of force majeure, holders of public office must immediately inform their direct superior.

2. When their absence exceeds three consecutive working days, holders of public office who are sick or victims of an accident must present a medical certificate to their direct superior.

3. In the case of a prolonged absence, they must present a new medical certificate each month. The opinion of the cantonal doctor or a consulting doctor may be requested at any time by the human resources department.

4. The cantonal doctor and the consulting doctor may be challenged in accordance with Articles 11 and 12 of the Administrative Procedure Act (APA), dated March 18, 2025.

5. The costs resulting from the medical examination shall be borne by the State unless an abuse by the holder of public office is established.

1. The holder of a public office who wishes to assume a public duty must inform their department head, or if applicable, their departmental chief, specifying the relevant entity, the position sought, and the approximate time required for its performance.

2. The human resources department is notified of the information related to the position in question.

During the final months of pregnancy, the department head may grant a flexible schedule or the possibility of performing a different task.

1. Women wishing to continue their occupation beyond the age set in Articles 38 and 39 of the LSt must inform the appointing authority six months before the date of their ordinary retirement.

2. The request must specify the expected duration of the extension of activity.

**[13] 1** Police personnel as defined in Article 70 letter b of the Pension Fund Regulation for Public Service Employees of the Canton of Neuchâtel (RAss) are retired on the first day of the month following the month in which the employee reaches the age of 61.

**2.** Provided that the needs of the service require it, Neuchâtel police personnel may be allowed to continue their activity for a maximum of two additional years.

**3.** An individual who wishes to continue their activity beyond the age mentioned in the first paragraph must submit a request no later than six months before the retirement date.

1. Unless otherwise provided, the payment of the supplementary allowance is determined according to the same criteria as those established by the provisions relating to family allowances.

2. However, the fulfillment of an obligation of assistance as defined in Article 278, paragraph 2, of the Swiss Civil Code [14] does not entitle one to the payment of the supplementary allowance.

[15] 1 To qualify for the supplementary allowance, public office holders must apply to the human resources department or the competent department on which they depend. They are informed of their right upon engagement.

2. When a public office holder engages in partial employment with several employers capable of providing a supplementary allowance similar to that defined in Article 58 of the law, they are also required to communicate to the employer providing the family allowance the identity of their other employers, as well as the activity rates deployed with them.

3. If the determining factors that led to the granting of a supplementary allowance change during the year, public office holders are required to inform the competent department of any element likely to modify the granting decision.

4. In the absence of necessary data for maintaining or calculating the supplementary allowance, its payment may be suspended at any time.

1. When two public officials may claim for the same child the payment of all or part of the supplementary allowance, it shall be paid to the one who receives the family allowance.

2. When a public official is engaged in part-time activity with several employers covered by this regulation, the supplementary allowance is paid by the one who provides the family allowance or, failing that, by the one with whom the principal activity is performed.

[16] 1 The loyalty bonus paid to holders of public positions after twenty, thirty, and forty years of service amounts to 2,000 francs for a full-time position.

2. Repealed.

3. When the beneficiary has not devoted all their time to their position, the loyalty bonus is set proportionally to the average activity rate of the last ten years.

4. Repealed.

5. Repealed.

[17] 1 For the purpose of calculating the years entitling an individual to a loyalty bonus, only the complete, uninterrupted years of service rendered to the State, a State institution, or a public educational institution, are considered. This calculation begins from the date of engagement in a capacity other than that of a trainee or apprentice.

2. If a public office holder has been granted leave to engage in another activity of a temporary nature, the service rendered to the State, a State institution, or a public educational institution before and after such event shall be deemed uninterrupted.

3. The payment of the loyalty bonus is suspended if the appointing authority is involved in a dismissal procedure for just cause or serious reason; upon conclusion of the procedure, the appointing authority shall determine the principle, the date, and other conditions of the payment of the bonus.

[18] 1 Provided that the functioning of the service does not oppose it, an additional five days of paid vacation may be granted in lieu of the loyalty bonus to the holders who request it no later than three months before its due date.

1. Public office holders must limit their official travel to what is strictly necessary.

2. The head of the department ensures the application of this rule during work that requires travel, particularly by consolidating inspection and control tasks.

3. The special provisions concerning the cantonal police are reserved.

1. Public office holders shall ensure to limit their travel expenses.

2. They shall primarily utilize the options offered by public transportation companies.

The use of a private vehicle for professional travel must be authorized by the head of service.

1. The Council of State obtains insurance covering damages to private vehicles used in accordance with Article 25 in the event of an accident occurring during service.

2. The terms of the contract related to the deductible are enforceable against the driver involved.

Public officials required to travel for business purposes outside their usual place of work are entitled to an allowance covering their transportation, subsistence, and accommodation expenses, according to a rate established by the Council of State.

The Human Resources Department establishes specific provisions through directives.

[19] 1 The head of service is authorized to grant paid or unpaid leave from one to five days in justified cases.

2. Paid leave is particularly granted in the following cases

b) in the event of the death of a spouse, a registered partner, a parent, or a first-degree relative: 3 days;

c) in the event of the death of a second-degree relative: 1 to 3 days;

d) repealed;

e) in the event of relocation: 1 day;

f) in the event of caring for a sick child: 1 to 3 days;

g) in the event of caring for a family member or partner with health issues: up to 10 days per year.

[20] Paid or unpaid leave ranging from six days to one month may, exceptionally, be granted by the department head.

[21] 1 The appointing authority has the power to grant paid or unpaid leave of longer duration. It determines the conditions thereof.

2. After five years of uninterrupted service, public office holders are, in principle, entitled to unpaid leave of a maximum duration of 12 months.

2bis To ensure the proper functioning of the service, the appointing authority may defer or refuse the granting of such leave.

2ter For leave exceeding two months, the request must be submitted to the head of service at least twelve months before the date on which the public office holder wishes to take the leave.

[22] 1 Maternity leave lasting four months, or 122 days, includes public holidays associated with it.

2. It comprises a minimum uninterrupted period of 98 days starting from childbirth.

3. The remaining leave, which is 24 days, can be shared with the father or the spouse or registered partner, or staggered, provided that service requirements do not oppose it. In any case, the entire leave must be distributed over an uninterrupted period of a maximum of 146 days.

[23] 1 A leave of 20 days, which does not include public holidays, is granted to the father upon the birth of the child or children.

2. Except in exceptional circumstances, the first 5 days begin on the day of the birth and are granted continuously.

3. The remaining 15 days must be scheduled in agreement with the department head, at least 10 days in advance, and are allocated as follows

b) 10 days may be taken within 12 months following the birth.

4. This leave must be taken in kind and cannot be converted into cash compensation if it has not been used.

[24] 1 Parental leave is established in agreement with the head of the department, who defines its terms by taking into account the proposals of the civil servant and ensuring that the proper functioning of the service is maintained.

²The leave is uninterrupted and cannot be staggered.

³The request for parental leave must be submitted to the head of the department no later than three months prior to the date on which the civil servant wishes to take the leave.

[25] 1 In the event of extended hospitalization of the newborn, as defined by the Federal Act on Income Compensation for Service and Maternity (Income Compensation Act, IC Act) of September 25, 1952 [26], the competent authority shall grant the mother, upon the conclusion of her maternity leave, a paid leave equivalent to the duration of the hospitalization, but not exceeding 4 months.

2. When it concerns a couple under the State's budget, the leave may be shared with the father, provided that the mother consents and that her portion of the leave is at least 8 weeks.

[27] 1 If the public office holder is entitled to a care allowance within the meaning of Articles 16n to 16s LAPG, they are entitled to a care leave of up to 14 weeks.

2. The care leave must be taken within a framework period of 18 months. This framework period begins on the day the first daily allowance is paid.

3. When both parents are employed, they can only claim one care leave of 14 weeks, which they may share between themselves as they wish.

4. The leave can be taken all at once or in the form of individual days.

5. The head of the department is informed without delay of the manner in which the leave is taken and of any changes. The human resources department is provided with the relevant data.

[28] 1. Adoption leave, lasting four months and including the public holidays associated with it, begins upon the actual assumption of responsibility for the child.

2. It is uninterrupted and, in principle, cannot be staggered.

The Human Resources Department is notified of the leaves granted.

[29] 1. When the occupation of a specific residence is required for a public office holder, the amount to be paid is determined in each case, at the time of appointment or engagement, by the Department of Security, Digitalization, and Culture.

2. This amount may be deducted from the salary at the end of each month.

3. It may be adjusted, particularly to take into account changes in rental prices in the region or refurbishment or renovation work.

4. The residence must be vacated no later than when the service relationship ceases permanently.

[30] 1 When a public office holder is a victim of an offense or is the subject of a complaint themselves due to a serious and significant act occurring in the performance of their duties, they may be granted, upon request and in view of the circumstances, the provision of psychological and legal assistance.

2. The Council of State assigns the human resources department to issue related guidelines and to decide on the provision of assistance.

Public office holders may obtain from the human resources service any information on the legal or regulatory provisions applicable to their status.

The General Implementation Regulation of the Civil Service Status Law, dated January 15, 1996 [31], is repealed.

1. This regulation shall enter into force with retroactive effect as of January 1, 2005.

2. It shall be published in the Official Gazette and inserted into the Collection of Neuchâtel Legislation.