Section 2: Leave for associative, political or activist commitments

Every director of a mutual, union or federation, within the meaning ofarticle L. 114-16 of the Mutual Code, is entitled to annual training leave.

The duration of the leave cannot be deducted from the annual paid leave. It is treated as a period of actual work for the purposes of determining paid holiday entitlement and for all other entitlements resulting for the person concerned from his employment contract.

A decree of the Conseil d’Etat shall determine the terms and conditions for the application of this sub-section, in particular: 1° The conditions under which the employer may defer the leave due to the specific needs of the company or its operation ; 2° The conditions under which the list of training courses giving entitlement to mutualist training leave and the bodies likely to provide these training courses is drawn…

In the event of a dispute, the employer’s refusal may be challenged directly by the employee before the industrial tribunal (Conseil de prud’hommes), ruling under the accelerated procedure on the merits, under conditions laid down by decree in the Conseil d’Etat.

Where an employee is appointed to sit on an administrative or joint commission, council or committee dealing with employment and training issues, the employer shall allow him the time necessary to attend meetings of these bodies. The list of these bodies is set by interministerial decree. When an employee is appointed to take part in a jury for an examination or for the validation of acquired experience, the employer shall…

The employee’s participation in the meetings and juries mentioned in article L. 3142-42 does not entail any reduction in remuneration. The duration of the corresponding leave cannot be deducted from the annual paid leave.

A decree determines the conditions under which the expenses relating to the maintenance of salary and the reimbursement of travel expenses are borne by the bodies and juries mentioned in article L. 3142-42 or by the company.

The employer may refuse to grant the leave if it considers that the absence is likely to have a detrimental effect on the smooth running of the company. The employer’s refusal is made after consulting the social and economic committee. Reasons must be given. In the event of a dispute, the employer’s refusal may be challenged directly by the employee before the industrial tribunal (Conseil de prud’hommes), ruling under the…