Key Benefits:
Public concerned: officials and non-public officials.
Subject: parental leave in all three public functions, deletion of the non-competitive rule and creation of an individual right to leave for both parents.
Entry into force: the text comes into force on October 1, 2012. It applies to parental leave granted after that date, as well as to extensions of prior leave, in the event of a new birth.
Parental leave granted prior to that date and their renewals for the same child remain governed by the preceding provisions.
Notice: The purpose of this Order is to establish an individual right to parental leave for both parents, by amending the regulations applicable to civil servants and non-public servants who are non-public servants, to bring them into line with Council Directive 2010/18/EU of 8 March 2010 establishing an individual right to parental leave granted to workers, men or women, because of the birth or adoption of a child. It removes the prohibition of parental leave by both parents for the same child.
In addition, as a result of the changes resulting from Act No. 2012-347 of 12 March 2012 on access to and improvement of the conditions of employment of contractual agents in the public service, the fight against discrimination and various provisions relating to the public service, the decrees applicable to each of the three public offices are amended on the following points:
― modalities of advancement and promotion during parental leave;
― articulation of maternity, paternity or adoption leave with parental leave;
– reintegration procedure to be followed after parental leave, especially in the case of detachment.
References: the various decrees modified by this decree can be consulted, in their version of these amendments, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of State Reform, Decentralization and Public Service,
In light of Council Directive 2010/18/EU of 8 March 2010 on the implementation of the revised framework agreement on parental leave, concluded by BUSINESSEUROPE, UEAPME, EEC and EEC and repealing Directive 96/34/EC;
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State, Act No. 84-53 of 26 January 1984 amended with statutory provisions relating to the territorial public service and Act No. 86-33 of 9 January 1986 amended with statutory provisions for the hospital public service;
Vu le Decree No. 85-986 of 16 September 1985 amended on the particular regime of certain positions of State officials, the provision, integration and the final termination of functions;
Vu le Decree No. 86-68 of 13 January 1986 amended on detachment positions, out of frameworks, availability, parental leave of territorial officials and integration;
Vu le Decree No. 86-83 of 17 January 1986 amended to apply the general provisions applicable to non-State agents for the application of theArticle 7 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State;
Vu le Decree No. 88-145 of 15 February 1988 amended for the purposes of section 136 of the amended Act of 26 January 1984 with statutory provisions relating to the territorial public service and relating to non-public territorial officials;
Vu le Decree No. 88-976 of 13 October 1988 amended with respect to the particular regime of certain positions of hospital officials, integration and certain modalities of provision;
Vu le Decree No. 91-155 of 6 February 1991 amended with respect to general provisions applicable to contractual agents of establishments referred to inArticle 2 of Act No. 86-33 of 9 January 1986 amended with statutory provisions for the hospital public service;
Considering the opinion of the Joint Public Service Council of 17 April 2012;
Considering the opinion of the Standards Advisory Board of 7 June 2012;
The State Council (Section of Administration) heard,
Decrete:
Article 52 of the aforementioned decree of 16 September 1985 is amended as follows:
1° The first paragraph is replaced by the following:
"The grievor is placed, upon his application to his or her original administration or, if any, to the administration to which he or she is seconded, in the parental leave position provided for in section 54 of the Act of 11 January 1984 referred to above. » ;
2° The third paragraph is replaced by the following:
"This leave shall be granted by the Minister to whom the person concerned reports after the birth of the child, after maternity leave, paternity leave or adoption leave, or upon arrival at the home of a child who has not reached the age of the end of the school obligation, adopted or entrusted for adoption. » ;
3° The second, fourth and fifth preambular paragraphs are deleted.
In the second paragraph of section 53 of the same decree, the words "one month" are replaced by the words "two months".
The fourth paragraph of Article 54 of the Decree is deleted.
Article 55 of the same decree is replaced by the following provisions:
"Art. 55.-If a new birth or adoption occurs while the employee is already placed in a parental leave position, the employee shall be entitled, from the head of his new child, without prejudice to the benefit of the provisions of 5° of Article 34 of the law of 11 January 1984 referred to above, to a new parental leave for a period of not more than three years from the date of birth or arrival at the home of the child less The request must be made at least two months before the presumed date of birth or arrival of the child. »
Article 57 of the same decree is replaced by the following provisions:
"Art. 57.- Upon the expiration of parental leave, the grievor shall be reinstated, at his request, in his original or detachment administration. In the latter case, it is placed in a detachment position for a period not less than the remaining duration of the initial detachment.
"At least six weeks before reinstatement, the grievor has an interview with, according to his wish for reinstatement, the human resources officer of his or her home or detachment administration to review the terms and conditions. »
Article 29 of the above-mentioned Decree of 13 January 1986 is thus amended:
1° The first paragraph is replaced by the following:
"The grievor is placed, on his application to his original administration or, if any, to the administration to which he is detached, in the parental leave position provided for in section 75 of the Act of 26 January 1984 referred to above. » ;
2° The third paragraph is replaced by the following:
"This leave shall be granted by the territorial authority of which the person concerned reports after the birth of the child, after maternity leave, paternity leave or adoption leave, or upon arrival at the home of a child who has not reached the age of the end of the school obligation, adopted or entrusted for adoption. » ;
3° The second, fourth and fifth preambular paragraphs are deleted.
In the second paragraph of Article 30 of the Decree, the words: "one month" are replaced by the words: "two months".
The third paragraph of Article 31 of the Decree is deleted.
Article 32 of the same decree is replaced by the following provisions:
"Art. 32.-If a new birth or adoption occurs while the employee is already placed in a parental leave position, the person concerned shall be entitled, from the head of his new child, without prejudice to the benefit of the provisions of 5° of Article 57 of the law of 26 January 1984 referred to above, to a new parental leave for a period of not more than three years from birth or arrival at the home of the child when the child is younger The request must be made at least two months before the presumed date of birth or arrival of the child. »
Article 34 of the same decree is amended as follows:
1° The first paragraph is replaced by the following:
"On the expiry of parental leave, the grievor is reinstated, at his request, in his original or secondment administration. In the latter case, it is placed in a detachment position for a period not less than the remaining duration of the initial detachment.
"At least six weeks before reinstatement, the grievor has an interview with, according to his wish for reinstatement, the human resources officer of his or her home or detachment administration to review the terms and conditions. » ;
2° In the fifth paragraph, the words "first paragraph" are replaced by the words "third paragraph".
Article 40 of the aforementioned Decree of 13 October 1988 is replaced by the following provisions:
"Art. 40.-The grievor shall be placed, upon his application to the authority vested with the power of appointment or, if any, to the administration to which he is detached, in the parental leave position provided for in section 64 of the Act of 9 January 1986 referred to above.
"This leave shall be granted by the authority vested in the appointing power of the person concerned after the birth of the child, after maternity leave, paternity leave or adoption leave, or at the time of the arrival to the home of a child who has not reached the age of the end of the school obligation, adopted or entrusted for adoption. »
The third paragraph of Article 42 of the Decree is replaced by the following provisions:
"On the expiry of parental leave, the grievor is reinstated, at his request, in his original or secondment administration. In the latter case, it is placed in a detachment position for a period not less than the remaining duration of the initial detachment.
"At least six weeks before reinstatement, the grievor has an interview with, according to his wish for reinstatement, the human resources officer of his or her home or detachment administration to review the terms and conditions. He is reassigned to his former job. In case he cannot reintegrate this job, he is assigned to an equivalent job. »
Article 43 of the same decree is replaced by the following provisions:
"Art. 43.-If a new birth or adoption occurs while the employee is already placed in a parental leave position, the person concerned shall be entitled, from the head of his new child, without prejudice to the benefit of the provisions of 5° of Article 41 of the law of 9 January 1986 referred to above, to a new parental leave for a period of not more than three years from birth or arrival at the home of the child when the child is less The request must be made at least two months before the presumed date of birth or arrival of the child. »
Article 19 of the aforementioned decree of 17 January 1986 is amended as follows:
1° The first paragraph is replaced by the following:
"I. ― A non-custodial officer who is continuously employed and who justifies a period of at least one year at the date of birth of the child or the arrival of a child's home is entitled, upon request, to parental leave. This leave shall be granted by the authority to which the person concerned reports after the birth of the child, after maternity leave, paternity leave or adoption leave, or upon arrival at the home of a child who has not reached the age of the end of the school obligation, adopted or entrusted for adoption. » ;
2° In the fifth paragraph, the words "one month" are replaced by the words "two months";
3° The ninth preambular paragraph shall be replaced by the following:
"If a new birth or adoption occurs while the agent already enjoys parental leave, the person concerned shall be entitled, from the head of his new child, without prejudice to the benefit of the provisions of Article 15, to a new parental leave, for a period of not more than three years from the date of birth or arrival to the child's home when the child is under three years of age, and not more than one year's home The request must be made at least two months before the presumed date of birth or arrival at the child's home. » ;
4° In the fourteenth paragraph, the words: "or one month at the latest after parental leave has ceased" are deleted;
5° The second, third and seventh preambular paragraphs are deleted.
Article 14 of the aforementioned decree of 15 February 1988 is amended as follows:
1° I is replaced by the following:
"I. ― A non-custodial officer who is continuously employed and who justifies a period of at least one year at the date of birth of the child or the arrival of a child's home is entitled, upon request, to parental leave. This leave shall be granted by the territorial authority of which the person concerned reports after the birth of the child, after maternity leave, paternity leave or adoption leave, or upon arrival at the home of a child who has not reached the age of the end of the school obligation, adopted or entrusted for adoption. » ;
2° In the fifth paragraph, the words "one month" are replaced by the words "two months";
3° The eighth preambular paragraph shall be replaced by the following:
"If a new birth or adoption occurs when the agent is already placed in a parental leave position, the person concerned shall be entitled, from the head of his new child, without prejudice to the benefit of the provisions of Article 10, to a new parental leave for a period of three years or more from the date of birth or arrival at the home of the child when the child is under three years of age, and not more than one year of the child's home The request must be made at least two months before the presumed date of birth or arrival of the child. » ;
4° The sixth and ninth preambular paragraphs are deleted.
Article 18 of the above-mentioned decree of 6 February 1991 is amended as follows:
1° The first four paragraphs are replaced by the following:
"The contracting agent used on an ongoing basis and who justifies a period of not less than one year at the date of birth of the child or the arrival of a child's home is entitled, upon request, to parental leave. This leave shall be granted by the authority to which the person concerned reports after the birth of the child, after maternity leave, paternity leave or adoption leave, or upon arrival at the home of a child who has not reached the age of the end of the school obligation, adopted or entrusted for adoption. » ;
2° In the sixth paragraph, the words: "one month" are replaced by the words: "two months";
3° The seventh paragraph of Article 18 of the Decree is replaced by the following provisions:
"Parental leave is granted by six-month renewable periods by tacit renewal. It ends at the latest on the third anniversary of the child. In the event of adoption, the child is terminated for a period of not more than three years from the date of arrival at the child's home when the child is under three years of age, and not more than one year from the date of arrival at the child's home when the child is three years of age and has not reached the age of the end of the school obligation. An officer wishing to shorten his or her parental leave must notify his or her administration by registered letter, two months before the expiration of the current six-month period. » ;
4° The eighth preambular paragraph shall be replaced by the following:
"If a new birth or adoption occurs while the agent receives parental leave, the person concerned shall be entitled, from the head of his new child, without prejudice to the benefit of the provisions of Article 13 of this Decree, to a new parental leave under the conditions set out above. The request must be made at least two months before the presumed date of birth or arrival of the child. »
This Order comes into force on the first day of the month following the date of its publication in the Official Journal of the French Republic.
The six-month period of parental leave beginning before that date remains governed by the provisions of the decree of 16 September 1985, the decree of 13 January 1986, the decree of 13 October 1988, the decree of 17 January 1986, the decree of 15 February 1988 and the decree of 15 February 1988 and decree of 6 February 1991 referred to above in their version before the coming into force of this decree.
Extensions of parental leave granted after that date for the same child are governed by the provisions of the above-mentioned decrees in their drafting by this decree. For the calculation of progress and actual services, the extension is taken into account for its entirety only in case the duration of parental leave already obtained does not exceed six months.
The Minister of Economy and Finance, the Minister of Social Affairs and Health, the Minister of the Interior, the Minister of State Reform, Decentralization and Public Service, and the Minister Delegate to the Minister of Economy and Finance, responsible for the budget, are responsible, each with regard to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on September 18, 2012.
Jean-Marc Ayrault
By the Prime Minister:
The Minister of State Reform,
decentralization
and the Public Service,
Marylise Lebranchu
Minister of Economy and Finance,
Pierre Moscovici
Minister of Social Affairs
and Health,
Marisol Touraine
The Minister of the Interior,
Manuel Valls
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Jérôme Cahuzac
