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Brussels, 14.4.2004
C(2004) 1314
COMMISSION DECISION
on Article 42b of the Staff regulations concerning family 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 (EC, Euratom) N° 723/2004 of 22 March 2004(2) , and in
particular Article 42b of the Staff Regulations,
Whereas it is necessary to have explicit and detailed rules for the
application of the new family leave provisions,
HAS DECIDED AS FOLLOWS:
Article 1 - General
1.1 Subject to the official complying with the conditions laid down in
Article 42b of the Staff Regulations, he shall be authorized to take
family leave following a request on his part. The starting date of a
period of family leave may exceptionally be delayed for a maximum of one
month provided that such delay is in the interest of the service. In this
case a reasoned decision shall be taken by the Appointing Authority. In
urgent situations the starting date may not be delayed.
Article 2 - Procedure
2.1 A request for family leave shall be submitted by the official to the
Appointing Authority through his immediate superior at least two months
before the requested starting date except on grounds of urgency.
2.2 The request for family leave shall clearly indicate the name and date
of birth of the person in respect of whom family leave is to be taken, the
person's family link with the official, the planned duration of the leave,
and whether family leave is being requested on a full-time or a half-time
basis.
2.3 The request shall be accompanied by a medical certificate to be sent
to the medical service with a diagnosis of the illness or handicap and
confirming its seriousness. Where the medical certificate is not available
at the moment of the introduction of the request, it shall be provided
within a delay of two weeks of that date.
2.4 The request for family leave may be renewed under the same terms,
subject to the maximum duration for such leave as specified in Article 42b
of the Staff Regulations.
2.5 The Appointing Authority may, at the request of the official
concerned, withdraw the authorization for family 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 - Family leave taken on a half-time basis
3.1 In case of family 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 family leave on a half-time basis the official shall not work
overtime.
Article 4 - Leave entitlements during family leave
4.1 Annual leave entitlements for an official spending part of the year on
family leave shall not be reduced proportionally.
Article 5 - Entry into force
5.1 These rules shall enter into force on 1 May 2004.
Done at Brussels, 14.4.2004
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Footnotes
(1) JO L 56 du 4.3.1968.
(2) JO L 124, 27.4.2004, p. 1).
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