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Solidarity
Giving days of rest to a colleague facing the death of a child is possible
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
Since 10 June 2020, an employee can anonymously renounce part of his days of rest not taken for the benefit of a colleague of his company whose child under 25 years of age has died. This leave donation is possible during the year following the date of death. Published on Official Journal On 9 June 2020, the law to improve workers' rights and support for families after the death of a child amended the Labor Code.
Donation may be made to a colleague affected by the death:
- a child under 25 years of age;
- a person under the age of 25 who is the employee's actual and permanent dependants.
The employee may, at his request and in agreement with the employer, give days of rest not taken, except for the first 4 weeks of paid leave. These days can therefore be:
- of the days corresponding to 5e week of paid leave;
- compensatory rest days granted under a working time reduction scheme (RTT);
- another day of recovery not taken.
These can be days from a time savings account (CET).
The donation of rest days allows the employee who benefits from them to be paid during his absence. All periods of absence are treated as a period of actual work, which makes it possible to record them in order to determine the employee's entitlement to seniority.
FYI
A decree of the Council of State must determine the conditions for the application of this measure to civil and military public officials.
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