Brussels, 15.04.2004
C(2004) 1364

COMMISSION DECISION

on General implementing provisions for Article 42a of the Staff Regulations concerning parental leave

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Staff Regulations of Officials and Conditions of Employment of Other Servants of the European Communities, laid down by Council Regulation (EEC, EURATOM, ECSC) n° 259/68 (¹) and last amended by Council Regulation (CE, Euratom) n° 723/2004 od 22 March 2004(²), and in particular Article 42a of the Staff Regulations,

Having regard to the opinion of the Staff Regulations Committee,

After consulting the Staff Committee,

Whereas it is necessary to have explicit and detailed rules for the application of the new parental leave provisions,

HAS ADOPTED THESE PROVISIONS:

• Article 1 - General

• Article 2 - Procedure

• Article 3 - Parental leave taken on a half-time basis

• Article 4 - Single parent

• Article 5 - Leave entitlements during parental leave

• Article 6 - Entry into force

Article 1 - General

1.1 An official is entitled to parental leave under the conditions laid down in Article 42a of the Staff Regulations.
1.2 Parental leave is an individual right, it may not be refused. Where parental leave is requested for a period immediately after maternity, adoption or paternity leave, it may not be postponed by the Appointing Authority. In all other cases it may exceptionally be postponed for a maximum of one month if duly justified by the interest of the service.

Article 2 - Procedure

2.1 The request for parental leave shall be submitted by the official through his immediate superior at least two months before the requested starting date; the period of two months is reduced to one month before the requested starting date if the duration of the requested leave is not more than two months or in the case of a request for parental leave to be taken directly after maternity or adoption leave; if taken directly after paternity leave the period is reduced to two weeks.

2.2 The request shall clearly indicate the name and the date of birth or adoption of the dependent child on behalf of whom parental leave will be taken, the exact duration, and whether parental leave is being requested full-time or half-time. In the case of an unborn child, the name and date of birth of the child will be supplied within a month of the date of birth.

2.3 The request for parental leave may be renewed under the same terms, within the limits of the maximum duration specified in Article 42a of the Staff Regulations.

2.4 The Appointing Authority may, at the request of the official concerned, withdraw the decision granting parental leave before the expiry of the period for which it was granted. The official shall give at least one month’s notice thereof, unless otherwise agreed between him and the service.

Article 3 - Parental leave taken on a half-time basis

3.1 In case of parental leave taken on a half-time basis, the working time arrangements have to be agreed by the immediate superior, taking into account the interest of the service. The provisions laid down in the Staff Regulations and rules adopted in application of the Staff Regulations for standard part-time work shall apply.

3.2 During parental leave on a half-time basis the official shall not work overtime.

Article 4 - Single parent

4.1 A single parent for the purposes of Article 42a, first paragraph, of the Staff Regulations is an official with a dependent child who is

• not married
   

• not in a non-marital partnership under the terms of Article 1, paragraph 2, point (c), (i), of Annex VII to the Staff Regulations
   

• not in a partnership recognized by the institution's administration.
  An official who is legally separated may be regarded as a single parent if he can provide sufficient evidence showing that he is de facto bringing up the child alone.

4.2 The official requesting parental leave as a single parent shall make a written declaration confirming that he fulfils the conditions mentioned in the three indents of the previous paragraph.

Article 5 - Leave entitlements during parental leave

5.1 Annual leave entitlements for an official who is on parental leave for part of the year shall be reduced proportionally.

Article 6 - Entry into force

6.1 These General Implementing Provisions shall enter into force on 1 May 2004.
Done at Brussels, 15.04.2004.

Footnotes
⁽¹⁾ JO L 56, 4.3.1968.
⁽²⁾ JO L 124, 27.04.2004, p.1.