Key Benefits:
The Prime Minister,
On the report of the Minister of Interior, Homeland Security and Local Freedoms,
Having regard to the amended Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants;
Having regard to Act No. 84-53 of 26 January 1984, as amended, with statutory provisions relating to the territorial civil service, including articles 7-1 and 140;
Considering Decree No. 85-1250 of 26 November 1985 on the annual leave of territorial officials;
Having regard to Decree No. 88-145 of 15 February 1988, adopted for the purposes of Article 136 of the amended Act of 26 January 1984 on statutory provisions relating to the territorial public service and relating to non-public territorial officials;
In view of Decree No. 91-298 of 20 March 1991 on statutory provisions for territorial officials appointed in permanent non-full-time employment;
In view of Decree No. 92-1194 of 4 November 1992 establishing the provisions common to interns civil servants of the territorial civil service;
In view of Decree No. 2001-623 of 12 July 2001 adopted for the application of Article 7-1 of Act No. 84-53 of 26 January 1984 and relating to the development and reduction of working time in the territorial public service;
Considering the opinion of the Superior Council of the Territorial Public Service of 22 October 2003;
The State Council (inland section) heard,
Decrete:
A time saving account is established in the territorial public service.
This account allows the licensee to accumulate paid leave entitlements. It is open at the request of the agent who is informed annually of the rights saved and consumed.
The provisions of this Order are applicable to incumbent and non-permanent agents, other than those of the service obligation regimes referred to in section 7 of the above-mentioned Decree of 12 July 2001, who, in the exercise of their functions within the territorial authorities and public institutions referred to in section 2 of the above-mentioned Act of 26 January 1984, are continuously employed and have completed at least one year of service.
These provisions apply in the same conditions to agents appointed in permanent non-full-time employment.
Trainees subject to the provisions of the above-mentioned decree of November 4, 1992 cannot benefit from a time savings account. Those who had previously acquired leave entitlements under a time-saving account as a full-time employee or non-employee may not use or accumulate new ones during the internship period.
The time saving account can be fed within twenty-two days a year.
It is fuelled by the postponement of work-time reduction days and by the postponement of annual leave as provided for in the above-mentioned decree of November 26, 1985, without the number of annual leave days taken in the year being less than twenty.
The deliberative body of the community or establishment may, in addition, authorize the feeding of the time savings account by deferring part of the compensatory rest days.
It may set to a number less than twenty-two the number of days that can annually feed the time savings account.
The Time Savings Account cannot be fed by the deferral of enhanced leave.
The time savings account can only be used to pay leave for a minimum of five working days.
The deliberative body of the community or institution may set a minimum period of leave longer than the one mentioned in the preceding paragraph.
Time Savings Account entitlements may only be exercised from the date on which the agent accumulated twenty days on its account.
The holiday entitlements acquired under the Time Savings Account must be exercised before the expiry of a five-year period from the date on which the agent accumulated a minimum of twenty days' leave on his account. Upon expiry of this period, the time savings account must be sold. The agent who was unable to use the accumulated leave entitlements on his or her time savings account at that time is entitled to the full right.
After a maternity, adoption or paternity leave, or an accompanying leave of a person at the end of life, the agent, who makes the request in accordance with the rules set out in section 10, also enjoys the right to leave accumulated on his or her savings account.
Where the officer has been granted parental leave, long-term or long-term leave, or an accompanying leave of a person at the end of life, the period referred to in the first paragraph shall be extended for a period equal to that of such leave.
The minimum period of accumulation and period, referred to in Article 5 and the first paragraph of Article 6, shall not be subject to an objection to the officers on the date of their removal from the executives, termination or termination of their contract.
In the cases mentioned in the first paragraph, the accrued leave entitlements on the time-saving account must be terminated before the employee's final termination date.
Time Savings Account leave is equivalent to an activity period and is paid as such. During such leave, the officer retains, inter alia, his or her rights to advancement and retirement and the right to leave under section 57 of the Act of 26 January 1984 referred to above. When the agent is entitled to one of these leave, the current period of time savings account leave is suspended.
The agent retains the rights it has acquired under the time savings account:
1° In the event of a change of community or establishment referred to in section 2 of the Act of 26 January 1984 referred to by transfer or detachment;
2° In the event of a provision under section 100 of the Act of 26 January 1984;
3° When placed in one of the positions provided for by the 3°, 4°, 5° or 6° of Article 55 of the Law of 26 January 1984, or made available;
4° In case of detachment in one of the bodies or jobs governed by the general status of the public service.
In the case mentioned in 1°, the rights are opened and the management of the time savings account is ensured by the community or the host institution. In the case referred to in 2°, they are done by the community or the duty station.
In the cases referred to in 3° and 4°, the persons concerned retain their rights without being able to use them, except for the authorization of the management administration, and, in the case of detachment or provision, of the employment administration. If the management or employment administration is not authorized, the period referred to in the first paragraph of section 6 is suspended.
The deliberative body of the community or institution, after consultation with the technical committee, determines, in accordance with the interest of the service, the rules for the opening, operation, management and closing of the savings-time account and the terms and conditions of its use by the agent, including the notice period to be followed by the agent for the benefit of all or part of the spare time.
Any refusal to apply for time savings account leave must be motivated. The officer may appeal to the authority to which he or she is responsible, which shall rule after consultation with the parity administrative board.
Communities or institutions may, by agreement, provide for financial terms and conditions for the transfer of accrued leave entitlements by a time-saving agent on the date on which that agent changes, through a transfer or detachment, community or institution.
A time-saving account cannot be fed with days of leave or days of compensatory rest acquired before January 1 of the year of publication of this Order.
The deliberative body of the community or institution may, however, decide that the time-saving account may be fed by days of leave or compensatory rest acquired from the date of the coming into force of the July 12, 2001 Order referred to above, including, where applicable, days of leave recorded since that date in an open-time savings account prior to the coming into force of this Order in the community or institution.
The Minister of State, Minister of Economy, Finance and Industry, the Minister of Interior, Homeland Security and Local Freedoms, the Minister of Public Service and State Reform, the Minister of the Interior, spokesman for the Government, and the Secretary of State for Budget and Budget Reform are responsible, each with respect to it, for the execution of this Official Gazette, which will be published in the French Republic.
Done in Paris, August 26, 2004.
Jean-Pierre Raffarin
By the Prime Minister:
The Minister of the Interior,
of Internal Security
and local freedoms,
Dominique de Villepin
Minister of State, Minister of Economy,
finance and industry,
Nicolas Sarkozy
Minister of Public Service
and state reform,
Renaud Dutreil
Minister Delegate inside,
Government spokesperson,
Jean-François Copé
Secretary of State in the budget
and budgetary reform,
Dominic Bussereau
