What are the rights of a local elected employee who continues to work?

Verified 15 December 2021 - Directorate for Legal and Administrative Information (Prime Minister)

Employees who hold office as local elected representatives (municipal, departmental or regional) enjoy a number of rights and guarantees. The employee has the right to a specific training leave as part of his or her mandate as a local elected representative. He also has an individual right to training as a local elected official.

The employer is not obliged to pay for the employee's absence.

This period of absence shall be treated as a period of actual work.

This absence time shall be taken into account for the calculation of seniority and entitlement to paid leave.

An employee who is absent because of the exercise of his elected office may not be dismissed or dismissed or disciplined.

Who is involved?

Every employee who is a municipal, departmental or regional councilor has the right to receive training leave in the course of his or her mandate.

Demand

The local elected employee must request the leave from his employer by registered letter with notice of receipt (LRAR).

This letter should specify the following:

  • Date and duration of the planned absence
  • Organization responsible for training

The letter must reach the employer at least 30 days before the leave is taken.

Employer Response

If the employer does not respond within 15 days of the start of the training, the leave is considered granted.

If the training is provided by an organization approved by the Ministry of the Interior, the employee shall be granted training leave.

The employer may, however, refuse leave if it considers that the presence of the employee in the company is essential.

In the event of refusal of leave, the employer must inform the employee of the reasons for his decision.

In this case, the employee will be able to benefit from the leave in case of a new request 4 months after the refusal.

Remuneration

The local authority covers training, travel and subsistence expenses.

The community compensates for the loss of income during the leave.

The local elected employee must justify to his community, by any means, that he has suffered a reduction in his income as a result of the exercise of his right to training.

Duration

The duration of the training leave shall be 18 days for the duration of the term of office, regardless of the number of terms held by the elected official.

The leave shall be renewable in the event of re-election.

Who is involved?

Every elected member of a municipal, departmental or regional council has an individual right to training.

What's this about?

The training taken may be unrelated to the exercise of the mandate.

In particular, they enable local elected employees to acquire new skills for his return to the company at the end of his term.

Amount of individual training entitlement

Every elected member of a municipal, departmental or regional council shall enjoy an individual right to the formation of an amount of €400 per year of mandate.

Financing

The individual right to training is financed by a compulsory contribution levied on the official allowances received by the members of the council (municipal, departmental or regional).

A national collecting agency collects the levy.

The contribution rate for each elected official may not be less than 1%.

Demand

The training request of the local elected employee can be made by post or by email.

It must be accompanied by the copy of the training organization registration form.

The request must be sent to the manager of the Caisse des Dépôts et Consignations financing fund no later than 6 months following the end of the mandate.

Please note

travel and subsistence expenses are reimbursed.

Who can help me?

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