Suspension of the probationary period in cases of parental or family leave

This Administrative Notice concerns officials, temporary staff and contract staff who take parental or family leave during the probationary period provided in Article 34 of the Staff Regulations.

The Heads of Administration have decided (see Internal Commission Directive in annex) that where an official or member of the temporary or contract staff serving a probationary period is granted parental or family leave taken in the form of full-time leave, the probationary period is suspended for the duration of the parental or family leave. In the case of temporary or contract staff, such leave may not extend beyond the term of the contract.

COMMISSION INTERNAL DIRECTIVE

Brussels, ADMIN B1 D (2009) 15652

At their 256th meeting, on 18 June 2009, the Heads of Administration approved Conclusion 256/09, which applies within the Commission from 1 July 2009.

Irène SOUKA

Annex: Conclusion 256/09

Annex

Luxembourg, 19 June 2009

CONCLUSION 256/09

APPROVED BY THE HEADS OF ADMINISTRATION
AT THEIR 256th MEETING ON 18 JUNE 2009

1. Officials are entitled to a period of parental or family leave, subject to the conditions laid down in Articles 42a and 42b of the Staff Regulations respectively, at any time after their appointment, i.e. including during the probationary period they are required to serve under Article 34 of the Staff Regulations.
    
2. As such, it is necessary to regulate the situation of probationers on leave of this type taken in the form of full-time leave as they are not in active employment within the meaning of Article 35(a) of the Staff Regulations, with the result that their situation is not comparable with that of the officials referred to in Article 34(1), who are prevented, by sickness, maternity leave or accident from performing their duties.
    
3. Pursuant to Articles 16 and 91 of the Conditions of Employment of other servants of the Communities, the provisions of the Staff Regulations on parental and family leave apply by analogy to temporary staff and contract staff. However, such leave may not extend beyond the term of the contract.

CONCLUSION:

Where an official or member of the temporary staff or contract staff serving a probationary period is granted parental or family leave taken in the form of full‑time leave, the probationary period is suspended for the duration of the parental or family leave.

Suspension of a probationary period served by a member of the temporary staff or contract staff does not affect the date on which employment is terminated.

This conclusion shall apply from 1 July 2009.

By the Heads of Administration