Elected local employee: absence and hours credits
Verified 01 January 2024 - Directorate for Legal and Administrative Information (Prime Minister)
An employee holding a local office may be granted leave of absence and an hours credit to enable him to fulfill his obligations as an elected official. These rights vary according to the employee's mandate (elected municipal, departmental or regional).
Municipally elected
The employer is obliged to allow the employee of his Member company of a municipal council the time necessary to exercise his mandate.
Regardless of the absence authorizations they receive, mayors, deputies and municipal councilors are entitled to a credit of hours allowing them to have the necessary time for the administration of the commune.
Object
The employee's leave of absence is granted for the following meetings:
- Municipal Council Plenary Sessions
- Meetings of the committees of which he is a member
- Meetings of the legislative assemblies and offices of the bodies where he was appointed to represent the municipality
Duration
The duration of absences is not defined in advance. The employee must be given sufficient time to travel to and participate in the meetings and meetings to which he is invited.
Steps
The employee must inform his employer in writing as soon as he is aware of the date and duration of the planned absence to attend and participate in the meetings to which he is invited.
Employee situation
The employer is under no obligation to pay for the employee's absence.
Losses of income suffered by the elected municipal employee who does not receive an official allowance may be compensated by the municipality.
This compensation is limited to 72 hours per year. Each hour shall be paid up to a maximum of €17.48.
This period of absence shall be treated as a period of actual work. It shall be taken into account for the calculation of seniority and entitlement to paid leave.
Employees absent during their term of office cannot be punished (dismissal, professional decommissioning or disciplinary action).
Absence from an election campaign
An employee who is a candidate in an election may also be granted leave to participate in the election campaign.
Conditions
The employee must be a candidate for a local mandate.
No seniority requirement is imposed on the employee.
Duration
The number of working days of authorized absence is fixed at 10.
Steps
The employee shall notify his employer at least 24 hours before the start of each absence (in writing or orally). The employer may not refuse the employee's request for absence unless the 24-hour period is not respected.
Employee situation
If the employee so requests, the duration of his absences may be deducted from paid leave, within the limits of the rights acquired in this capacity on the date of the first ballot.
When they are not deducted from paid leave, absences are not paid. In this case, they may give rise to recovery, in agreement with the employer.
Days absent, paid or unpaid, for participation in an election campaign shall be treated as a period of actual work. They shall be taken into account for the calculation of seniority and entitlement to paid leave.
Beneficiaries
An elected municipal employee is entitled to an hours credit, which may be used for:
- the administrative management of the municipality or the body with which it represents it
- preparation of meetings of the bodies in which it sits
Duration
The duration of the authorized hours credit varies according to the functions performed and the size of the municipality, under the following conditions:
Functions of the elected official | Size of the municipality | Legal duration of hours credit (per quarter) |
|---|---|---|
City Councilor | Less than 3,500 inhabitants | 10.30 a.m. |
Between 3,500 inhabitants and 9,999 inhabitants | 10.30 a.m. | |
Between 10,000 and 29,999 inhabitants | 21 hours | |
Between 30,000 and 99,999 inhabitants | 35 hours | |
100,000 or more inhabitants | 70 hours | |
Deputy Mayor | Less than 10,000 inhabitants | 70 hours |
Between 10,000 and 29,999 inhabitants | 122:30 p.m. | |
30,000 or more inhabitants | 140 hours | |
Mayor | Less than 10,000 inhabitants | 122:30 p.m. |
10,000 or more inhabitants | 140 hours |
In the case of part-time work, the hours credit shall be reduced in proportion to the reduction in working time provided for the job in question.
Unused hours shall not be carried over from one quarter to another.
The cumulative duration of the authorized absences and the hours credit must not exceed 803 hours 30 per year.
Please note
the hours credit can be increased by a maximum of 30%, especially in the municipalities of department and borough or classified as tourist resorts or disaster sites.
Approach
The employee shall inform his employer in writing 3 days at least before he was gone. The written statement shall contain the following elements:
- Date and duration of the planned absence
- The duration of the hours credit to which he is still entitled for the current quarter
The employer may not refuse or postpone the employee's request, unless he exceeds the total authorized period of absence (hours credit and cumulative absence authorizations) of 803 hours 30 per year.
Employee situation
The employer is under no obligation to pay for the employee's absence.
Losses of income suffered by the elected municipal employee who does not receive an official allowance may be compensated by the municipality.
This compensation is limited to 72 hours per year. Each hour shall be paid up to a maximum of €17.48.
This period of absence shall be treated as a period of actual work. It shall be taken into account for the calculation of seniority and entitlement to paid leave.
Employees absent during their term of office cannot be punished (dismissal, professional decommissioning or disciplinary action).
Elected county official
The employer is obliged to allow any employee of his Member company of a departmental council the time necessary to exercise his mandate.
Presidents and departmental councilors are entitled to an hours credit to allow them time to administer the department, regardless of their absence authorizations.
Object
The employee's absence permits are intended to go and participate in:
- plenary meetings of the departmental council
- meetings of the committees of which he is a member
- meetings of the legislative assemblies and offices of the agencies where he was appointed to represent the department
Duration
The duration of absences is not defined in advance. The employee must be given sufficient time to travel to and participate in the meetings and meetings to which he is invited.
Approach
The employee must inform his employer in writing as soon as he is aware of the date and duration of the planned absence to attend and participate in the meetings to which he is invited.
Employee situation
The employer is not obliged to pay for the employee's absence.
The loss of income suffered by the employee elected as a departmental employee who does not receive an official allowance may be compensated by the department.
This compensation is limited to 72 hours per year. Each hour shall be paid up to a maximum of €17.48.
This period of absence shall be treated as a period of actual work. It shall be taken into account for the calculation of seniority and entitlement to paid leave.
Employees absent during their term of office cannot be punished (dismissal, professional decommissioning or disciplinary action).
Absence from an election campaign
An employee who is a candidate in an election may also be granted leave to participate in the election campaign.
Conditions
The employee must be a candidate for a local mandate.
No seniority requirement is imposed on the employee.
Duration
The number of working days of authorized absence is fixed at 10.
Steps
The employee shall notify his employer at least 24 hours before the start of each absence (in writing or orally). The employer may not refuse the employee's request for absence unless the 24-hour period is not respected.
Employee situation
If the employee so requests, the duration of his absences may be deducted from paid leave, within the limits of the rights acquired in this capacity on the date of the first ballot.
When they are not deducted from paid leave, absences are not paid. In this case, they may give rise to recovery, in agreement with the employer.
Days absent, paid or unpaid, for participation in an election campaign shall be treated as a period of actual work. They shall be taken into account for the calculation of seniority and entitlement to paid leave.
Beneficiaries
The employee elected departmental benefits from an hours credit, which can be used to:
- the administrative management of the department or body with which he is represented
- preparation of meetings of the bodies in which it sits
Duration
The duration of the authorized hours credit varies according to the functions performed, under the following conditions:
Functions of the elected official | Legal duration of hours credit (per quarter) |
|---|---|
Departmental Councilor | 105 hours |
President or Vice-President of the Departmental Council | 140 hours |
In the case of part-time work, the hours credit shall be reduced in proportion to the reduction in working time provided for the job in question.
Unused hours shall not be carried over from one quarter to another.
The cumulative duration of the authorized absences and the hours credit must not exceed 803 hours 30 per year.
Steps
The employee shall inform his employer in writing 3 days at least before he was gone. The written statement shall contain the following elements:
- Date and duration of the planned absence
- The duration of the hours credit to which he is still entitled for the current quarter
The employer may not refuse or postpone the employee's request, unless he exceeds the total authorized period of absence (hours credit and cumulative absence authorizations) of 803 hours 30 per year.
Employee situation
The employer is not obliged to pay for the employee's absence.
The loss of income suffered by the employee elected as a departmental employee who does not receive an official allowance may be compensated by the department.
This compensation is limited to 72 hours per year. Each hour shall be paid up to a maximum of €17.48.
This period of absence shall be treated as a period of actual work. It shall be taken into account for the calculation of seniority and entitlement to paid leave.
Employees absent during their term of office cannot be punished (dismissal, professional decommissioning or disciplinary action).
Elected Regional
The employer is obliged to allow any employee of his Member company of a regional council the time necessary to exercise his mandate. Regardless of their leave of absence, regional presidents and councilors shall be entitled to an hours credit to allow them the necessary time for the administration of the region.
Object
The employee's absence permits are intended to go and participate in:
- regional council plenary meetings
- meetings of the committees of which he is a member
- meetings of the legislative assemblies and offices of the agencies where he was appointed to represent the region
Duration
The duration of absences is not defined in advance. The employee must be given sufficient time to travel to and participate in the meetings and meetings to which he is invited.
Approach
The employee must inform his employer in writing as soon as he is aware of the date and duration of the planned absence to attend and participate in the meetings to which he is invited.
Employee situation
The employer is not obliged to pay for the employee's absence.
Losses of income incurred by the regional elected employee who does not receive an official allowance may be compensated by the region.
This compensation is limited to 72 hours per year. Each hour shall be paid up to a maximum of €17.48.
This period of absence shall be treated as a period of actual work. It shall be taken into account for the calculation of seniority and entitlement to paid leave.
Employees absent during their term of office cannot be punished (dismissal, professional decommissioning or disciplinary action).
Absence from an election campaign
An employee who is a candidate in an election may also be granted leave to participate in the election campaign.
Conditions
The employee must be a candidate for a local mandate.
No seniority requirement is imposed on the employee.
Duration
The number of working days of authorized absence is fixed at 10.
Steps
The employee shall notify his employer at least 24 hours before the start of each absence (in writing or orally). The employer may not refuse the employee's request for absence unless the 24-hour period is not respected.
Employee situation
If the employee so requests, the duration of his absences may be deducted from paid leave, within the limits of the rights acquired in this capacity on the date of the first ballot.
When they are not deducted from paid leave, absences are not paid. In this case, they may give rise to recovery, in agreement with the employer.
Days absent, paid or unpaid, for participation in an election campaign shall be treated as a period of actual work. They shall be taken into account for the calculation of seniority and entitlement to paid leave.
Beneficiaries
An elected regional employee receives an hours credit, which can be used to:
- the administrative management of the region or of the body with which it represents it,
- the preparation of meetings of the bodies in which it sits.
Duration
The duration of the authorized hours credit varies according to the functions performed, under the following conditions:
Functions of the elected official | Legal duration of hours credit (per quarter) |
|---|---|
Regional Advisor | 105 hours |
President or Vice-President of the Regional Council | 140 hours |
In the case of part-time work, the hours credit shall be reduced in proportion to the reduction in working time provided for the job in question.
Unused hours shall not be carried over from one quarter to another.
The cumulative duration of the authorized absences and the hours credit must not exceed 803 hours 30 per year.
Approach
The employee shall inform his employer in writing 3 days at least before he was gone. The written statement shall contain the following elements:
- Date and duration of the planned absence
- The duration of the hours credit to which he is still entitled for the current quarter
The employer may not refuse or postpone the employee's request, unless he exceeds the total authorized period of absence (hours credit and cumulative absence authorizations) of 803 hours 30 per year.
Employee situation
The employer is not obliged to pay for the employee's absence.
Losses of income incurred by the regional elected employee who does not receive an official allowance may be compensated by the region.
This compensation is limited to 72 hours per year. Each hour shall be paid up to a maximum of €17.48.
This period of absence shall be treated as a period of actual work. It shall be taken into account for the calculation of seniority and entitlement to paid leave.
Employees absent during their term of office cannot be punished (dismissal, professional decommissioning or disciplinary action).
Elected from a municipal council
Elected from a departmental council
Elected from a regional council