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Summary

Application of Art. 57 (5 °) and 136 of Law 84-53 of 26 January 1984. Article 55 of the Social Security Financing Act for 2002 (2001-1246 of 21 December 2001) set out the provisions concerning paternity leave. This leave is a right granted to fathers, after the birth of a child or his/her arrival at home (as part of an adoption) to cease their activity for a period of 11 days or 18 days in the case of multiple births, while at the same time Allowance identical to that paid to mothers while on maternity leave. These provisions shall apply to employees subject to the Labour Code, as well as to public law officers, in particular those under the general status of the civil service, as from 1 January 2002. Thus, the purpose of this Order is to grant the same rights to all agents of the territorial civil service in relation to the new paternity leave. Consistency of texts is essential in order to bring the father's rights into line with those of the mother. This is to allow the application of paternity leave to non-incumbent agents, and finally, to take into account, for trainees in the territorial civil service, paternity leave in the duration of the traineeship and to open the benefit of the Full treatment to father working part time. Art. 1 of this Decree allows fathers who work part-time, to be reinstated, such as mothers during their maternity leave, in the rights of full-time workers throughout the period of paternity leave. Art. 2 of this decree incorporates paternity leave into the decree on non-incumbent agents. To this effect, several articles are amended to grant paternity leave agents the same rights as the mother on maternity leave. Art. 3 allows trainees who have taken paternity leave to benefit from the same right at the time of tenure as for maternity leave. Modification of Art. 3 of Decree 82-722 of 16 August 1982; 10 to 14, 24, 33 and 41 of Decree 88-145 of 15 February 1988; 8 of Decree 92-1194 of 4 November 1992

Keywords

PUBLIC SERVICE , TERRITORIAL PUBLIC SERVICE , TERRITORIAL OFFICIAL , PART-TIME WORK , WORK FULL TIME , POSITION , PATERNAL TALE , REE , BIRTH , ADOPTION , MULTIPLE BIRTH , INDEMNIFICATION , PAYMENT , SUPPORTING , BENEFICIARY

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JORF No. 50 of 28 February 2003 3573 page
Text No. 55



n ° 2003-161 of 25 February 2003 on paternity leave in the territorial civil service taken for the purposes of Article 55-V of Act No. 2001-1246 of 21 December 2001 for the financing of Social security for 2002

NOR: FPPA0310005D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/2/25/FPPA0310005D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2003/2/25/2003-161/jo/texte

Prime Minister,
On the Report of the Minister of the Public Service, State Reform and Spatial Planning and the Minister Delegate to local freedoms,
In view of the law n ° 84-53 of 26 January 1984 amending the statutory provisions relating to the territorial civil service, in particular Articles 57 (5) and 136;
Having regard to Act No. 2001-1246 of 21 December 2001 The financing of social security for 2002, in particular paragraphs V and XXII of Article 55;
Having regard to Decree No. 82-722 of 16 August 1982 on various arrangements for the application of the system of part-time work for local agents, Amended by Decree No. 84-1104 of 10 December 1984, adopted for the purposes of Article 60 of Act No. 84-53 of 26 January 1984 laying down statutory provisions relating to the territorial and part-time civil service;
Decree No. 88-145 of 15 February 1988, as amended for the purposes of Article 136 of the Act of 26 January 1984, as amended laying down statutory provisions relating to the territorial civil service and relating to non-duty-holders Territorial public;
In light of Decree No. 92-1194 of 4 November 1992 laying down the common provisions applicable to civil servants employed in the territorial civil service;
In view of the opinion of the Higher Council of the Civil Service Territorial as of July 3, 2002;
The Conseil d' Etat (section of the interior) heard,
Describes:

Item 1 Read more about this Article ...

Article 3 of the decree of 16 August 1982 is amended as follows:
In the fourth paragraph of Article 3, the words: Maternity leave and leave for adoption " Are replaced by the words: " Of Maternity, paternity and leave for adoption leave ".

Article 2 Read more about this Article ...

The title of Title III and Articles 10, 11, 12, 13, 14, 24, 33 and 41 of the Decree of 15 February 1988 are amended as follows:
I.-Title III reads as follows:
" LEAVE FOR RAISON DE SANTÉ, DE MATERNITÉ, DE PATERNITÉ, D' ADOPTION, OU D' ACCIDENT DU TRAVAIL OU DE MALADIE PROFESSIONAL "
II. -In Article 10, the words: Maternity or adoption leave " Are replaced by the words: " Maternity leave, paternity leave, or adoption leave ".
III. -The first paragraph of Article 11 reads as follows:
" The non-incumbent, who is obliged to cease his duties on grounds of health, maternity, paternity or adoption, and who is found, in the absence of sufficient service time, without Right to sick leave, maternity, paternity, or adoption is: ".
IV. The third paragraph of paragraph 11 reads as follows:
" 2. In the case of maternity, paternity or adoption, placed on leave without pay for maternity, paternity or adoption for a period equal to that provided for in Article 10 above; at the end of that period, the situation of the person concerned is Settled under the conditions laid down for workers who have been granted maternity, paternity or paid adoption leave. "
V.-In the first paragraph of Article 12, the words: "Maternity or Adoption" Are replaced by the words: " Of maternity, paternity or adoption ".
VI. -In the first and third paragraph of Article 13, the words: "Maternity or Adoption" Are replaced by the words: " Of maternity, paternity or adoption ".
VII. -In the third preambular paragraph of Article 14, the words: After birth or adoption leave " Are replaced by the words: " After birth, paternity leave or adoption leave, ".
VIII. -In the first paragraph of Article 24, the words: "Maternity or Adoption" Are replaced by the words: " Of maternity, paternity or adoption ".
IX. -In the first paragraph of Article 33, the words: "Maternity or Adoption" Are replaced by the words: " Of maternity, paternity or adoption ".
X. -The first paragraph of Article 41 is worded
follows: No layoff can To be pronounced when the officer is in a medically recognized pregnancy or on maternity, paternity or adoption leave, and for a period of four weeks after the expiry of such leave. "

Item 3 Learn more about this Article ...

Article 8 of the decree of 4 November 1992 is amended as follows:
The words: " Maternity or adoption leave " Are replaced by the words: " Maternity, paternity or adoption leave ".

Item 4 Learn more about this Article ...

The Minister of the Interior, Internal Security and Local Freedoms, the Minister of Economy, Finance and Industry, the Minister of the Public Service, State Reform and The development of the territory, the Minister responsible for the budget and the budgetary reform and the Minister responsible for local freedoms shall each have responsibility for the implementation of this Decree, which shall be published in the Official Journal of the French Republic.

Done at Paris, February 25, 2003.

Jean-Pierre Raffarin

By the Prime Minister:

The Minister of the function Public,

state reform

and spatial planning,

Jean-Paul Delevoye

The Minister of the Interior,

of internal security

and local freedoms,

Nicolas Sarkozy

Minister of the Economy,

Finance and Industry,

Francis Mer

Associate Minister for Budget

and Budget Reform,

Alain Lambert

Minister Delegate for Liberties Local,

Patrick Devedjian

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