Summary
Who can get it?
All apprentice or employee without any particular condition of age or seniority, wishing to take part in courses or sessions devoted to economic, social and union training or workers’ education.
These courses highlight the learning of negotiation skills.
Please note: these courses are also open to job seekers.
What are the advantages ?
It is a leave of 12 days of training per year (18 days for course and session leaders as well as for employees called upon to exercise union responsibilities).
It can be taken into several times. The duration of each fraction cannot however be less than 2 days.
The duration of this leave cannot be deducted from the duration of paid annual leave. It is assimilated to a period of actual work for the calculation of paid leave, for the right to social and family benefits and for the calculation of seniority.
This leave is partially paid in companies employing at least 10 employees within the limit of 0.008% of wages paid during the current year. Collective agreements may provide for higher remuneration. Remuneration is paid by the employer (in companies with more than 10 employees), by works councils (in the form of study grants) or by trade unions.
During the leave, the employee’s employment contract is suspended, but the employee continues to be part of the company’s workforce. The period of leave therefore has no no impact on the rights and guarantees of the employee (seniority, social and family benefits, paid leave, etc.).
What should be done ?
The request must be submitted to the employer by registered letter with acknowledgment of receipt at least 30 days in advance, specifying the date and duration of the requested absence as well as the name of the organization responsible for the internship or session.
Can the employer refuse?
Yes if he judges that this leave is detrimental the smooth running of the company, after obtaining the assent of the works council or, failing that, of the staff representatives.
The refusal must be motivated and be notified to the employee within 8 days of receipt of the request. If the employer does not respond within 8 days, he is deemed to have given his consent.
Note: a certificate issued by the training organization must be submitted on the day of return to work.
C. work. : art. L3142-7 to L3142-15, R3142-1 to R3142-5.