Can an employee take time off to participate in an election campaign?
Verified 13 August 2021 - Directorate for Legal and Administrative Information (Prime Minister)
An employee has the right to take time off to participate in an election campaign if he is himself a candidate for a parliamentary or local mandate. The length of absence granted depends on the type of election. The employee must inform the employer of his absence for participation in an election campaign. The absence of the employee during this period may be deducted from the paid leave.
The employee is entitled to a period of absence to participate in an election campaign, provided that he or she is a candidate for a parliamentary or local office.
No seniority requirement is imposed on the employee.
This right is granted to the employee running in the following elections:
- Municipalities
- Departmental
- Regional
- European women
- Assembly of Corsica
- National Assembly
- Senate
- Lyon Metropolis Council
The length of absence varies according to the election in which the employee is a candidate, under the following conditions:
Election Type | Number of working days authorized absence |
---|---|
Municipal elections | 10 |
Departmental or regional elections | 10 |
European elections | 10 |
Elections to the council of the metropolis of Lyon | 10 |
Elections to the Corsican Assembly | 10 |
Elections to the National Assembly | 20 |
Senate Elections | 20 |
The employee must 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.
Each absence must be at least half a full day.
If the employee so requests, the duration of his absences may be deducted from paid leave, within the limits of the rights acquired on the date of 1er 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. Days of absence shall be taken into account for the calculation of seniority and entitlement to paid leave.
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