Can you be absent on Eid day as a civil servant, private sector employee, or public school student? What are your rights?

What does the law say?

1/ You are a civil servant:

If you are a civil servant or similar, Circular No. MFPF1202144C of February 10, 2012, regarding leave of absence that may be granted for the main religious holidays of different faiths, states that ‘department heads may grant the necessary leave of absence to employees who wish to participate in ceremonies celebrated on the occasion of the main holidays specific to their faith‘.

The Council of State has asserted that ‘the establishment by law of public holidays does not, in itself, prevent leave of absence from being granted to public employees to participate in other religious holidays corresponding to their faith, subject to the needs of normal service operation‘ (Council of State, February 12, 1997, Miss Henny, No. 125893).

The request for leave of absence for a religious holiday must be submitted by the employee concerned, through their superior, to the personnel department.

Thus, department heads may grant their employees leave to participate in a religious holiday, provided that this absence is compatible with the normal functioning of the service without infringing on the principle of secularism.

The appendix to circular No. MFPF1202144C of February 10, 2012, from the Ministry of Public Service specifies: ‘ as the dates of these holidays are set to within one day, leave of absence may be granted, at the employee’s request, with a shift forward or backward. These holidays begin the evening before .

What is the applicable regime for this non-working day? It is important to distinguish between leave of absence (public service) and taking days off.

• Leave of absence allows the applicant to benefit from days off that are not deducted from their annual quota. These are additional days off (like when getting married, for example).
• Taking days off is deducted from one’s leave or RTT quota.

While absence from one’s workplace should lead to a salary deduction under the concept of service rendered, absences for religious reasons, as they are provided for by law, are exempt from this rule, allowing the civil servant to be absent from their service without suffering a loss of remuneration.

Public school teachers who are civil servants are subject to the following regime:

• They can be absent from their service
• They do not suffer any loss of remuneration
• The absence is not deducted from their leave days
• They are not required to make up for the classes they did not teach because paid leave of absence is legally considered as effective working time.

Provided that they have requested this paid leave of absence for religious reasons from their superior and it has been granted

2/ You are an employee

If you are an employee in a company, private law applies.

Labor law guarantees freedom of religion for employees while allowing the employer to impose certain restrictions.

However, note that no employer can impose absolute and general limitations on religious freedom.

Article L.1121-1 of the Labor Code proclaims that it is forbidden to ‘impose restrictions on the rights of individuals and collective and individual freedoms that are not justified by the nature of the task to be performed or proportionate to the aim sought‘.

Thus, an employee has the right to request a day off for a religious holiday, provided that this absence does not hinder the organization of the company. It will be up to the company to demonstrate that the employee’s presence is necessary to justify its refusal.

3/ You are a student:

Regarding students in public schools, middle schools, and high schools, Circular No. 2004-084 of 18-5-2004 JO of 22-5-2004 specifies that: ‘Absences should be granted to students for major religious holidays that do not coincide with a day off and whose dates are reminded each year by an instruction published in the Official Bulletin‘.

Thus, students can individually benefit from necessary absences to celebrate a religious holiday in cases where these absences are compatible with the fulfillment of tasks inherent to their studies and with respect for public order in the institution (CE, April 14, 1995, No. 157653).

Therefore, it is recommended to inform the institution of the student’s absence with a note in the correspondence book.

What to do if you are refused permission to be absent on Eid day?

• If your superior refuses to let you be absent on Eid day, you should ask for the reasons for such a refusal, as it must be justified by considerations specific to the proper functioning of the company.
• You can then remind them of the legal framework that allows you to make such a request.
• Finally, if you believe that this refusal is absolutely not justified, do not hesitate to contact Equitas, which will provide you with the necessary legal assistance.

APPLICABLE REFERENCES

Circular No. MFPF1202144C of February 10, 2012 regarding authorized absences that may be granted on the occasion of major religious holidays; Circular No. MFPF1202144C of February 10, 2012 from the Ministry of Public Service; Circular No. 2004-084 of 18-5-2004 JO of 22-5-2004; Article L.1121-1 of the Labor Code.

CE, April 14, 1995, No. 157653; Council of State, February 12, 1997, Ms. Henny, No. 125893