Key Benefits:
Publics concerned: chiefs of farms or agricultural enterprises on an exclusive or principal basis, employees of farms or agricultural enterprises, family aids, affiliated to the regime of non-employed persons of agricultural professions.
Subject: paternity and reception leave of the child of non-employed persons of agricultural professions; replacement allowance.
Entry into force: the text comes into force on the day after its publication.
Notice: This decree amends the regulations of the rural code and the marine fisheries so that non-employed persons in the agricultural professions can benefit from the transformation of paternity leave "in paternity leave and reception of the child" provided for by theArticle 94 of Act No. 2012-1404 of 17 December 2012 Social Security Funding for 2013. The paternity and foster leave of the child continues to benefit the father but is now open to the person living in marriage with the mother ― spouse, partner having entered into a civil pact of solidarity, concubine ― regardless of his/her relationship with the child who has just been born. The decree thus replaces the word "fathers" with the word "insured" in the provisions of the rural code and the maritime fisheries relating to paternity leave. The decree also removes the need to justify the establishment of the filiation of the child in order to be able to benefit from the replacement allowance provided for in Article L. 732-12-1 of the Rural and Maritime Fisheries Code.
References: the provisions of the Rural and Maritime Fisheries Code as amended by this Decree may be consulted, in their drafting, on the Légifrance website (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Social Affairs and Health and the Minister of Agriculture, Agri-Food and Forestry,
In view of the rural and maritime fishing code, including its article L. 732-12-1;
Vu le Social Security Code ;
Vu la Act No. 2012-1404 of 17 December 2012 Social Security Funding for 2013, including Article 94;
Considering the opinion of the Central Board of Directors of the Agricultural Social Mutuality dated 4 July 2013,
Decrete:
The Rural and Maritime Fisheries Code (regulatory part) is amended as follows:
1° The title of subsection 2 of subsection 5 of section 2 of chapter II of title III of Book VII is replaced by the following title: "Replacement allowance for paternity and foster leave provided for in section L. 732-12-1";
2° Article D. 732-27 is amended as follows:
(a) In the first paragraph, the word "fathers" is replaced by the word "insured";
(b) The second paragraph is replaced by the following:
"1° Address to the body to which they report the supporting document(s) referred to in theArticle D. 331-4 of the Social Security Code ;
3° In article D. 732-29, the word "fathers" is replaced by the word "insured".
The Minister of Social Affairs and Health and the Minister of Agriculture, Agri-Food and Forestry are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 9 October 2013.
Jean-Marc Ayrault
By the Prime Minister:
Minister of Agriculture,
agri-food and forest,
Stéphane Le Foll
Minister of Social Affairs
and Health,
Marisol Touraine
