Advanced Search

Decree No. 2003-11 Of 3 January 2003 Relating To The Statutory Positions Of The Military

Original Language Title: Décret n° 2003-11 du 3 janvier 2003 relatif aux positions statutaires des militaires

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Learn more about this text...

Information on this text

Summary


Application of art. 107 Law 72-662 of 13 July 1972; 55 and 58 of Act 2001-1246 of 21 December 2001; 52 of Act 2002-73 of 17 January 2002. The Social Security Funding Act for 2002 (2001-1246) established paternity leave and adopted parental leave for military personnel who were unable to benefit so far. The Social Modernization Act of 17 January 2002 (2002-73) also amends the general status of the military by establishing the accompanying leave of a person at the end of life. The paternity leave and the accompanying leave of a person at the end of life are the activity position. The parental leave, provided for when the presence of one of the two parents is necessary with their sick child, is the non-activity position. This Order sets out the procedures for the application of these three new leave. It incorporates the common provisions introduced in the regulatory part of the Social Security Code and specifies a special provision for the specific situation of military personnel in external operations. Finally, an update was made of the former DOM-TOM appellation, in decree 74-338 of 22 April 1974, modified, relating to the statutory positions of the career soldiers. Modification of art. 13 of Decree 73-1219 of 20 December 1973; 3, 5-1, 5-2, 7, 17 and 41 of the above-mentioned Decree 74-338; 25 of Decree 77-789 of 1 July 1977; 12 of Decree 78-817 of 28 July 1978; 17 of Decree 2000-511 of 7 June 2000.

Keywords

DEFENSE , ARMEE , MILITARY , GENERAL STATUS OF MILITARY , ENGAGE MILITARY , ENGAGEMENT , CARRITER MILITARY , MILITARY SERVANT TO TIME , RECRUTEMENT , OFFICER , EXCEPTIONAL RECRUTEMENT , CONTRAT OF ENGAGEMENT ,


JORF of 4 January 2003 page 282
text No. 9



Decree No. 2003-11 of 3 January 2003 on the statutory positions of the military

NOR: DEFP0202506D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/1/3/DEFP0202506D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2003/1/3/2003-11/jo/texte


President of the Republic,
On the report of the Prime Minister, the Minister of Defence, the Minister of Economy, Finance and Industry, the Minister of Public Service, State Reform and Land Management and the Minister Delegate for Budget and Budget Reform,
Having regard to Act No. 72-662 of 13 July 1972, as amended, establishing the general status of the military, including article 107;
Having regard to Act No. 2001-1246 of 21 December 2001 on the financing of social security for 2002, in particular articles 55 and 58;
Having regard to Act No. 2002-73 of 17 January 2002 on social modernization, including article 52;
Having regard to amended Decree No. 73-1219 of 20 December 1973 concerning the military engaged;
In view of the amended Decree No. 74-338 of 22 April 1974 concerning the statutory positions of career soldiers;
In view of Decree No. 77-789 of 1 July 1977 on foreign military personnel, as amended by Decrees No. 80-425 of 11 June 1980 and No. 96-28 of 11 January 1996;
Having regard to Decree No. 78-817 of 28 July 1978 concerning officers recruited under Article 98-1 of the general status of the military in order to perform functions of a scientific, technical or educational character, as amended by Decree No. 96-28 of 11 January 1996;
In view of Decree No. 2000-511 of 8 June 2000 on officers under contract;
Having regard to the advice of the Supreme Council of the Military Service dated 14 February 2002;
The State Council (Finance Section) heard,
Decrete:

Article 1 Learn more about this article...


In Article 13 of the above-mentioned Decree of 20 December 1973, the words: "the leave provided for in Articles 53 and 65-2" are replaced by the words: "the leave provided for in Articles 53, 65-2 and 65-3".

Article 2 Learn more about this article...


It is added before the last paragraph of Article 3 of the Decree of 22 April 1974 referred to a 6° and a 7° as follows:
« 6° Paternity leave, with balance, in the event of birth or adoption, of a duration equal to that provided for in the social security legislation;
« 7° Accompaniment leave of a person at the end of life, under the conditions set out in section 53 of the Act of 13 July 1972 referred to above. »

Article 3 Learn more about this article...


Article 5-1 of the same decree is supplemented by two paragraphs as follows:
"The adoption leave must be taken from the date of the arrival of the child at home or preceded by seven days, at the latest, that arrival.
"The length of the adoption leave is eleven days for the adoption of a child and eighteen days for multiple adoptions, provided that the length of leave is divided between the two parents. In this case, the total duration of this adoption leave cannot be split in more than two periods, the shortest of which cannot be less than eleven days. These two periods can be simultaneous. »

Article 4 Learn more about this article...


It is inserted in the same decree an article 5-2 as follows:
"Art. 5-2. - Paternity leave, lasting eleven consecutive days, or 18 consecutive days in the event of multiple births, is granted to any military father after the birth of his child. The member shall send a written request to his or her manager at least one month before the date on which he or she intends to take his or her leave.
"This leave must be taken within four months of the birth of his or her children.
"However, this leave may be extended beyond four months in the following cases:
« 1° Hospitalization of the child: paternity leave must be taken within four months after the end of hospitalization;
« 2° Death of the mother: in the event of the death of the mother, the father may take the rest of the maternity leave whose mother could not benefit. Paternity leave shall be taken within four months after the end of maternity leave;
« 3° Imperious service requirements: the member has paternity leave from the end of his operational mission, as long as the period available between two missions allows the benefit of that right. »

Article 5 Learn more about this article...


Article 7 of the same decree is amended as follows:
I. - In the first paragraph, the words "out of the overseas department or territory" are replaced by the words: "out of the departments of Guadeloupe, Martinique, Guyana and Réunion, the territorial community of Saint-Pierre-et-Miquelon, the departmental community of Mayotte, New Caledonia, French Polynesia, Wallis and Futunas".
II. - The third paragraph is replaced by the following:
"The sick leave, maternity or adoption leave, paternity leave, and the accompanying leave of a person at the end of life granted during an end-of-country leave shall interrupt the course. Interested persons retain the right to the portion of leave they did not receive. »

Article 6 Learn more about this article...


In article 17 of the same decree, it is added a 9° so written:
« 9° On parental leave. »

Article 7 Learn more about this article...


In chapter III of the same decree, it is added a section IX to read as follows:


“Section IX



"Parential leave


"Art. 33-9. - The member in a position of activity may apply for parental leave provided for in sections 57 and 65-3 of the Act of 13 July 1972 referred to above when the accident, illness or serious disability of his or her child requires compulsory care or the sustained presence of his or her father or mother alongside him.
"Art. 33-10. - The initial leave is granted for a maximum of four months, renewable twice.
"The member shall, in writing, apply to the manager service to which he reports, at least fifteen days before the scheduled leave date. In support of his application, the member provides a medical certificate to the child certifying that the severity of his or her health requires compulsory care or the sustained presence of one of his or her parents with him.
"If the member wishes to extend his or her leave, he or she must inform his or her manager service in writing, in the same manner as the first application, within fifteen days of the end of the current period. »

Article 8 Learn more about this article...


In the second paragraph of Article 41 of the same Decree, the words "or parental leave" are replaced by the words ", parental leave or parental leave".

Article 9 Learn more about this article...


In article 25 of the above-mentioned decree of 1 July 1977, the words "for reserve officers serving in an activity situation" are replaced by the words "for contracted officers".

Article 10 Learn more about this article...


Article 12 of the aforementioned Decree of 28 July 1978 is replaced by the following provisions:
“Art. 12. - The provisions of articles 17 and 18 of Decree No. 2000-511 of 8 June 2000 on contracted officers shall apply to officers under contract. »

Article 11 Learn more about this article...


In Article 17 of the above-mentioned Decree of 8 June 2000, the words: "the leave provided for in Articles 53, 65-1 and 65-2" are replaced by the words: "the leave provided for in Articles 53, 65-1, 65-2 and 65-3".

Article 12 Learn more about this article...


The Prime Minister, the Minister of Defence, the Minister of Economy, Finance and Industry, the Minister of Public Service, State Reform and Land Management, and the Minister Delegate for Budget and Budget Reform are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.


Done in Paris, January 3, 2003.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Jean-Pierre Raffarin

The Minister of Defence,

Michèle Alliot-Marie

Minister of Economy,

finance and industry,

Francis Mer

The Minister of Public Service,

of State Reform

and landscaping,

Jean-Paul Delevoye

Minister for Budget

and budgetary reform,

Alain Lambert


Download the document in RTF (weight < 1MB) Facsimile (format: pdf, weight < 3.5 MB) Download the document in RDF (format: rdf, weight < 1 MB)