Section 2: Leave for associative, political or activist commitments

The list of organisations whose training courses give entitlement to mutualist leave is drawn up by order of the Minister for Mutual Societies after consultation with the Conseil Supérieur de la Mutualité.

The employer may refuse to grant the leave if he establishes that this refusal is justified by the particular needs of his company or its operations. This refusal may only be made after consultation with the Social and Economic Committee. If the employee renews his request after a period of four months has elapsed, he may not be refused a new postponement unless the number determined by article R. 3142-29…

For public undertakings not covered by article L. 2233-1, orders issued by the ministers concerned specify the bodies called upon to give their opinion under the conditions set out in article R. 3142-23.

The refusal or postponement of mutualist training leave by the employer shall be substantiated and notified to the interested party by any means giving a date certain within eight days of receipt of the request.

An employee whose request for mutualist training leave has not been granted due to the conditions mentioned in articles R. 3142-23 and R. 3142-29 will benefit from priority for the subsequent granting of this leave.

The organisation responsible for the courses or sessions provided as part of the mutualist training leave will issue the employee with a certificate stating that the employee has actually attended the course. This certificate is given to the employer when the employee returns to work.

In the event of a dispute, the industrial tribunal (Conseil de prud’hommes), to which the matter has been referred pursuant to Article L. 3142-39, shall have final jurisdiction.

The employer’s refusal is notified to the employee by any means that confers a date certain.