STAFF REGULATIONS

APPENDIX VII: Regulations on unpaid leave^[1]

Article 1.. 1

Article 2.. 1

Article 3.. 1

Article 4.. 2

Article 5.. 3

Article 6.. 3

Article 7.. 3

Article 8.. 3

Article 9.. 4

Article 10.. 4

Article 11.. 4

Article 12.. 4

Article 1

These Regulations, issued in accordance with Article 45, paragraph 3, of the Staff Regulations, set out the conditions under which a staff member may be granted unpaid leave, or shall be ex officio placed on unpaid leave, by the Secretary General.

Article 2

A staff member shall be ex officio placed on unpaid leave in the cases and conditions set out in Articles 33, 34 and 35 of the Staff Regulations.

Article 3

1.         Two different types of unpaid leave are to be distinguished:

·         leave for family events;

·         leave for personal reasons.

Leave may be granted at the staff member’s request in particular for the following reasons:

a.         in respect of leave for family events:

i.          to bring up a child;

ii.          to look after a close family member suffering from a disability or an infirmity,                        necessitating continuous care;

iii.         following an accident or a serious illness of a child, spouse or partner^[2] or                              ascendant;

iv.         to look after a close family member nearing the end of his/her life;

v.         following the death of a child, spouse or partner or ascendant;

vi.         for personal health reasons.

b.         in respect of leave for personal reasons:

i.          for study or research work of value for the staff member’s training and/or the           Council;

ii.          because of establishment of the staff member’s usual residence in a distant place   from the place where he or she is serving, when such residence is in particular       determined by the spouse’s or partner’s occupation;

iii.         to exercise a professional activity outside the Council, provided that such activity is not       incompatible with the duties and obligations of staff as set out in staff and             administrative regulations. Such activity must not be contrary to the principles set out in        the Staff Regulations or with the aims pursued by the Organisation, and should not be          such as to cause moral or material prejudice to the Council;

iv.         other reasons linked to the staff member’s personal development.

2.         In taking his or her decision, the Secretary General shall have regard to the exigencies of the service and the nature of the reasons adduced. Any refusal of an application for unpaid leave must be duly justified in writing.

Article 4

1.         In principle, the total length of the two types of unpaid leave, in combination or in isolation, shall not exceed six years in the course of the staff member’s career. The maximum length of leave for family events may be extended in exceptional circumstances. The maximum length of leave for personal reasons authorised in respect of the reasons set out in Article 3, paragraph 1, b, i, iii and iv shall be restricted to three years.

2.         Each period of leave shall be for a minimum period of one year. The period of leave may be renewed for not more than one year at a time. The Secretary General may decide otherwise in exceptional circumstances related to family events, upon a duly substantiated request. An application for renewal must be submitted four[3] months before the end of the period of leave in hand.[4]

3.         Leave shall not be granted until after expiry of the period of probation, save on one of the grounds mentioned for leave for family events. In such cases the period of probation shall be suspended for the duration of the absence and shall recommence on the staff member’s return, for the length of time that remained of the period of probation before the departure on leave.

4.         The staff member shall take all the annual leave to which he or she is entitled before being granted unpaid leave.

5.         Paragraphs 1 to 4 shall not apply in the cases described in Article 2.

Article 5

1.         The staff member shall inform the Secretary General of any change in the situation that gave rise to his or her application for unpaid leave.

2.         The Secretary General may at any time verify that the situation in respect of which the leave was granted continues to exist.

3.         Should it transpire that such is no longer the case, the decision to grant leave may be revoked immediately.

Article 6[5]

1.         During the period of such leave the staff member shall not be entitled to any of the elements entering into his or her remuneration, although the Secretary General may exceptionally, when such leave is granted, for one of the reasons referred to in paragraph 1. a. i, ii, iii, iv, v and vi of Article 3 and in serious social cases, arrange for continued payment of the allowance in respect of dependent children or other dependants or, for staff members recruited on or after 1 January 2017, the dependent child supplement and the education allowance.

2.         The staff member shall not qualify for any increment or promotion.

3.         The period of leave shall not be counted as a period of service[6] in calculating the dates laid down for advancement from one step to the next.

4.         When the leave is granted under paragraph 1. a. of Article 3, namely leave for family events, the period of leave shall be counted as a period of full-time work for the calculating of the number of years of service with regard to the granting of long service leave.

Article 7

1.         Affiliation to the primary social scheme (French Social Security or CEMSIS, French Social Security level) shall be suspended. However, entitlement to benefits can, on certain conditions, be maintained free of charge for the length of time allowed by the relevant social scheme.

2.         Affiliation to the complementary scheme shall be suspended. Such affiliation can be maintained on certain conditions, on payment of the corresponding premium.

3.         The pension rights of the staff member and of persons entitled under him or her shall be governed by the Pension Scheme Rules and the Instructions for their implementation.

Article 8[7]

1.         When staff members assigned to posts^[8]  (Appendix III to the Staff Regulations) take unpaid leave, they are entitled to be reinstated in their post on their return. The post will thus be kept vacant.

2.         A staff member on a position may not apply for unpaid leave extending beyond the period for which his/her position has been created.

Article 9

A staff member who without due cause has not resumed his or her duties on expiry of the period of leave shall be deemed to have resigned.

Article 10

In exceptional cases the Secretary General may decide to reinstate, before the end of the period of leave, a staff member who so requests.[9]

Article 11

In determining the date of the staff member’s resumption of duties the Secretary General shall have regard to the interests of the Council, the staff member concerned and the person replacing him or her.

Article 12

A staff member on unpaid leave shall remain subject to overall administrative regulations except as otherwise provided in these Regulations.