Section 1: Guarantees granted to holders of departmental mandates

In order to benefit from the time required to attend and participate in the sittings and meetings referred to in article L. 3123-1, an elected member of a departmental council who is an employee shall inform his employer in writing as soon as he is aware of the date and duration of the planned absence(s).

In order to benefit from the credit for hours provided for in article L. 3123-2, an elected member of a departmental council who is an employee shall inform his employer in writing at least three days before his absence, specifying the date and duration of the planned absence as well as the duration of the time credit to which he is still entitled in respect of the current quarter.

The provisions of articles R. 3123-1 and R. 3123-2 are applicable, where they do not benefit from more favourable provisions, to civil servants governed by Titles I to IV of the General Civil Service Regulations and to contractual employees of the State, local authorities and their public administrative establishments who hold elective public office.

The duration of the hours credited for one quarter is equal to: 1° One hundred and forty hours for the presidents and vice-presidents of the departmental councils; 2° One hundred and five hours for the departmental councillors.

Given the requirements of the public education service, the weekly service of staff belonging to teaching bodies or job categories who benefit from a credit of hours in accordance with article L. 3123-2 is subject to adjustment at the beginning of the school year. The duration of the hours credited is divided between the service time spent in the presence of pupils for which they are statutorily responsible and the…

In the case of part-time work, the credit of hours is reduced in proportion to the ratio between the working hours set out in the employment contract of the employee concerned, in accordance with the provisions of article L. 3123-6 of the French Labour Code, and the legal weekly working time defined in article R. 3123-7 of this code. In the case of a civil servant governed by titles II,…

To set the maximum time of absence to which elected representatives who have the status of employees are entitled pursuant to article L. 3123-3, the legal working time for a calendar year is assessed on the basis of the legal weekly working time set by article L. 3121-27 of the Labour Code (1), deducting five weeks’ paid holiday as well as public holidays. However, when there is a derogation from…

To set the maximum time of absence to which, pursuant to article L. 3123-3, elected representatives who are civil servants governed by titles II, III or IV of the general civil service regulations or non-permanent employees of the State, a local authority or their public administrative establishments, the legal working time for a calendar year is assessed on the basis of the annual working time set out in article 1…