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Parental absence in the private sector

Verified 30 September 2020 - Directorate for Legal and Administrative Information (Prime Minister)

Parental absence allows the employee to care for a dependent child whose health condition requires a sustained presence and compulsory care. The employee has a reserve of leave days, which he uses according to his needs.

An employee may take parental leave if he has a dependent child who is suffering from an illness, disability or accident of a particular gravity.

This is the case if the dependent child's health condition requires a sustained presence and mandatory care.

A child is considered dependent when the employee has the right to effective and permanent charge..

The child must meet the following conditions:

  • Less than 20 years
  • Do not receive a gross monthly salary greater than €943.44
  • Do not receive a housing allowance or a family benefit as an individual

No seniority requirement.

An employee shall apply for parental leave with his employer at least 15 days before the desired start date of the leave.

He can send a registered letter with a receipt notice (LRAR) or hand it over against discharge.

It must include a medical certificate attesting to:

  • the particular seriousness of the disease, accident or disability,
  • and the need for a sustained presence with the child and for compulsory care.

Whenever the employee wishes to take one or more days off, he shall inform the employer at least 48 hours in advance.

In the event of an extension of the leave beyond the period specified in the medical certificate, the employee must notify the employer under the same conditions as for his initial application.

The employment contract is suspended.

The employee does not receive remuneration, but he can benefit from Daily Parental Presence Allowance (DPA)..

All benefits earned prior to the start of the leave are retained.

The absence of the employee shall be taken into account in full in the calculation of the benefits of seniority.

For the calculation of the training hours which feed the personal training account (CPF), each period of absence of the employee shall be taken fully into account.

Since 30 September 2020

Leave shall be granted for a period not exceeding 310 working days by child and by illness, accident or disability.

The employee uses this reserve of 310 days according to his needs within the maximum limit of 3 years.

The medical certificate shall specify the foreseeable duration of treatment of the child. The duration of the leave shall be equal to the duration of the salary.

If the initial leave is extended, the employee shall send a new certificate to the employer at that time.

The leave may be taken in one or more cases.

The employee may, for example, take the leave per half day.

At the end of the 3-year period, the employee may again be granted parental leave:

  • in the event of relapse or recurrence of the child's pathology,
  • when the seriousness of the child's pathology always requires a sustained presence and binding care.

An employee may, with the agreement of his employer, convert the leave into part-time work or split it by half-day.

The amount of Daily Parental Presence Allowance (DPA) is then amended accordingly.

Whenever the employee wishes to take half a day, a day or several days off, he shall inform the employer at least 48 hours in advance.

No precautionary period shall be required in the event of sudden deterioration of the child's health or of a crisis situation requiring the immediate presence of the employee.

Before September 30, 2020

Leave shall be granted for a period not exceeding 310 working days by child and by illness, accident or disability.

The employee uses this reserve of 310 days according to his needs within the maximum limit of 3 years.

The medical certificate shall specify the foreseeable duration of treatment of the child. The duration of the leave shall be equal to the duration of the salary.

If the initial leave is extended, the employee shall send a new certificate to the employer at that time.

Leave may be taken in one or more periods, but none of these days may be split (the employee may not, for example, take the leave per half-day).

At the end of the 3-year period, the employee may again be granted parental leave:

  • in the event of relapse or recurrence of the child's pathology,
  • when the seriousness of the child's pathology always requires a sustained presence and binding care.

General case

At the end of the leave, the employee must return to his previous job or a similar job with at least equivalent remuneration.

The employee can again benefit from parental leave in the event of relapse or recurrence or if the seriousness of the disease always requires a sustained presence and binding care.

The applicant shall apply in the same manner as for the original application.

Significant decrease in resources

The employee may interrupt the leave before the scheduled end in case of a significant decrease in household resources.

The employee must inform his employer by registered letter at least 1 month before the date of resumption.

In the event of relapse or recurrence of the child's pathology, the employee may again be granted parental leave. The applicant shall apply in the same manner as for the original application.

Death of the child

The employee may interrupt the leave before the scheduled end in the event of the child's death.

The employee must inform his employer by registered letter at least 1 month before the date of resumption.