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Justice refuses menstrual leave for municipal officials

One step forward, two steps back for women… The female staff of the commune of Plaisance-du-Touch, of the municipal social action center (CCAS) of the same town and of the community of communes of Grand Ouest Toulousain suffering painful periods, endometriosis, adenomyosis or dysmenorrhea will ultimately not be able to benefit from menstrual leave.

According to the court, “employing communities must wait for the texts to establish it. » Referred to by the Haute-Garonne prefecture, the summary judge ruled on the suspension of this administrative decision which aimed to improve the daily lives of female agents suffering from physical difficulties linked to their menstruation.

In a press release, the court announced that the summary judge of the administrative court of suspended the deliberations of April 30 of the commune of Plaisance-du-Touch and of June 24 of the CCAS which adopted a system so that agents suffering from painful periods can benefit from an adjustment of working conditions and times, in particular by granting a special authorization of absence.

A lack of legislative or regulatory framework

It also suspended the deliberation of May 30 of the community of communes of Grand Ouest Toulouse adopting an experiment by implementing an adjustment of working conditions and times and by granting a special absence authorization.

According to the press release, the court considered that the deliberative assemblies of the commune of Plaisance-du-Touch, the CCAS and the community of communes of Grand Ouest Toulousain cannot put in place special authorizations for the benefit of agents of their community or of their establishments in the absence, to date, of legislative or regulatory provisions allowing it.

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