REGULATION on continuing education (RForm) - Object (RevForm)

1. This regulation sets forth the modalities for the application of Articles 37 to 39 of the law of November 12, 2001, regarding staff [A], concerning continuing education.

1. In order to improve the quality of employee performance, the Council of State takes appropriate measures to develop their personal and professional skills.

1. This regulation applies to all staff of the Cantonal Administration of Vaud, the Judicial Order, and the Administrative Tribunal, with the exception of personnel subject to specific provisions, such as teaching staff or those in training (apprentices, interns), graduate assistants, assistant doctors, and auxiliaries.

2. The Council of State may establish specific provisions for heads of departments and managerial positions for which it is the hiring authority.

1. Continuing Education covers all activities that allow for the updating of knowledge and meet the needs of current and future skills.

1. Continuing training covers

a. initial training which allows a new employee to become familiar with the field and environment specific to their work;

b. professional development which aims at the development of skills directly related to current or future professional requirements;

c. non-professional development which includes any activity of developing an individual's skills that are not directly related to professional activity.

1. The State Council implements its continuing education policy through

a. on-the-job training: it includes all resources in the employee's direct environment necessary for their integration into the entity and their adaptation to the requirements of the position;

b. training specific to a department, sector, or particular profession: it is primarily focused on the acquisition, mastery, and development of knowledge and skills related to the exercise of a profession or employment specific to a sector, a department, or supporting a project;

c. interdepartmental training: it is focused on increasing management capabilities of executives, mastering methods and tools specific to the ACV, strengthening communication and working relationship skills, disseminating values common to the various sectors of the administration, and personal development.

1. The services define the necessary training based on identified needs, particularly through the appraisal interview. The services inform the SPEV, which consolidates the needs.

1. The State Council may assign an external organization to conduct interdepartmental training.

2. A directive from the State Council establishes the terms of implementation for interdepartmental training.

1. Any employee to whom these regulations apply is entitled to three non-cumulative training days per year for professional and non-professional development purposes (see Art. 5, letters b and c).

2. The entitlement is not reduced in the case of part-time employment.

3. For employees with a fixed-term contract of less than one year, this entitlement is subject to the agreement of the hiring authority.

1. The employee shall regularly ensure the updating of their knowledge, the development of their skills to a level consistent with the requirements of the position, adaptation to the constraints of a changing socio-economic environment, and consequently provide themselves with opportunities for professional advancement.

1. Employees who manage personnel identify and assess the training needs of their team members, particularly during the appraisal interview. They promote the application of the knowledge and skills acquired by their team members. They evaluate, as far as possible, the impact of the training sessions.

1. Training may be mandated by the appointing authority following the performance review. Except in exceptional cases, the appointing authority shall provide the necessary time and resources; it shall bear all costs.

2. As far as possible, the training takes place during regular working hours.

3. The duration of the mandated training is included within the three days of training to which every employee is entitled.

1. The employee submits their request for training leave to the appointing authority, who makes the decision.

2. For employees whose appointing authority is the Council of State, the granting decision falls to the head of the department.

3. The decision to grant leave exceeding twenty days is submitted to the SPEV beforehand.

**1. Up to five days, the training leave is not subject to specific modalities or conditions. Exceptions are particular cases (cost of training) for which Articles 15 and 16 apply.**

**2. Leaves exceeding five days are subject to conditions determined based on the employer's interest in the training, its duration, and its cost.**

**3. The granting decision specifies the modalities related to salary payment, compensation for time absent, reimbursement of expenses, the potential choice of an external training provider, and the time of service.**

**4. If the training holds no interest for the employer, they will not bear any financial responsibility, but may grant unpaid leave.**

1. Training costs include registration fees, tuition fees, accommodation costs, travel expenses, as well as costs for appropriate equipment and supplies.

2. They are reimbursed in proportion to the training's interest for the employer

a. predominant interest: salary paid and/or costs reimbursed entirely;

b. relative interest: salary paid partially and/or costs reimbursed partially.

3. Registration and tuition fees are, in principle, only reimbursable in the absence of equivalent training made available by an organization responsible for continuing education within the State.

4. The SPEV may enact provisions to ensure the equitable processing of training requests.

1. The service obligation period is the period during which the employee commits to exercise a professional activity for the State, following the expiration of their training leave. In the event of a change in the activity rate after the training, the service obligation period shall be adjusted proportionally.

2. With the exception of initial training and mandatory leaves, paid training leaves lasting more than twenty days, or for which employer funding exceeds CHF 6,000, shall be subject to a service obligation period.

3. The service obligation period shall take into account

- the costs borne by the employer;

- the salary cost of the leave.

4. The salary cost shall be calculated based on the gross annual salary (including 13th month salary), converted if necessary to a 100% salary for part-time employees, divided by 225 working days per year, multiplied by the number of days of leave granted.

5. Each CHF 1,000 increment corresponds to one month. Increments below CHF 500 shall be disregarded.

6. Except in exceptional cases, the service obligation period shall not exceed three years. It shall be reduced by 10% per year of service, but by a maximum of 50%.

7. In the event of an employee's resignation from the State before the expiration of the service obligation period, or termination for just cause within the meaning of Article 61 Lpers [A], the person concerned shall reimburse, pro rata to the remaining period, the funding assumed by the State, including salary. Within permitted limits, the State may offset this amount against the employee's salary.

1. The Council of State may establish a sabbatical leave.

2. It sets by directive the duration of this leave and the related conditions, particularly the category of eligible positions, the age of the concerned employees, the length of service in the State, and the financial conditions.

1. The Department of Finance is responsible for the implementation of this regulation, which comes into effect on January 1, 2003.