Caregiver leave

Request for leave

The leave shall be taken at the initiative of the employee. It shall inform the employer in accordance with the conditions and time limits laid down in collective agreement or collective company agreement or extended branch agreement.

In the absence of treaty provisions, the employee shall address his request to the employer by any means which can be used to justify the date of the request (e.g. letter or registered e-mail).

The application shall specify the following:

• Willingness of the employee to suspend his/her employment contract in order to benefit from the compassionate care leave
• Date of departure on leave
• Willingness to split the leave (or turn it into part-time), if the employee so wishes

A leave request template is available:

Apply for caregiving leave

The request shall at least be addressed 1 month before the planned date of departure on leave.

However, leave shall start without delay if it is justified by one of the following situations:

• Emergency linked in particular to a sudden deterioration in the state of health of the person being assisted (certified by a medical certificate)
• Crisis situation requiring urgent employee action
• Abrupt cessation of the residential accommodation of the person being assisted (certified by the person in charge of the establishment)

Documents to be provided

The application for compassionate care leave shall be accompanied by the following documents:

• Declaration on the honor of the employee's family relationship with the person assisted, or of the assistance provided to an elderly or disabled person with whom he resides or maintains close and stable ties
• Honor declaration stating either that he has not previously taken leave as a caregiver during his career or, if he has already taken such leave, his duration
• Copy of the decision justifying a permanent incapacity rate of at least 80 % (if the person assisted is a disabled child at the time of charge or a disabled adult)
• Copy of the award decision Custom Autonomy Allocation (Apa)
• Copy of the decision awarding the following benefits where the assisted person receives them:
  
  1. third party mark-up (TPM) for constant help
  2. third-party supplementary benefit
  3. special surcharge for assistance by a third person covered by the CNRACL: titleContent
  4. increase for officials and magistrates who are disabled by the obligation to have recourse to the assistance of a third person for the ordinary acts of life
  5. third-party top-up for military and war victims

Employer Response

The employer cannot refuse the leave.

In the event of refusal by the employer, the employee may request the labor council (CPH).

Professional activity

The employee may not engage in any other professional activity during the period of leave.

However, it may be used by the assisted person when the latter receives Custom Autonomy Allocation (Apa) or the Disability Compensation Benefit (DCP).

Compensation

Caregiver leave is not paid by the employer (except treaty provisions providing for it).

However, the employee may receive a daily caregiving allowance (AJPA).

The AJPA aims to compensate for part of the loss of salary, within the limit of 66 days during the employee's career path.

The amount is:

• €62.44 per day
• €31.22 per half-day

The employee is entitled to a maximum of 22 days of AJPA per month.

A template for the AJPA application form is available:

Application for payment of the daily caregiving allowance (AJPA)

The form must be sent to the Caf: titleContent or to the MSA: titleContent for insured persons covered by the agricultural scheme:

Leave splitting or part-time

If the employer accepts that the leave be split or converted into part-time, the employee shall alternate periods of work and periods of leave.

The employee must notify his employer at least 48 hours before the date on which he intends to take each period of leave.

In the case of split leave, the minimum duration of each period of leave shall be half a day.

However, leave shall start without delay if it is justified by one of the following situations:

• Emergency linked in particular to a sudden deterioration in the state of health of the person being assisted (certified by a medical certificate)
• Crisis situation requiring urgent employee action
• Abrupt cessation of the residential accommodation of the person being assisted (certified by the person in charge of the establishment)

Benefits

The duration of the caregiving leave shall be taken into account for the calculation of seniority benefits.

The employee shall retain the benefit of all the advantages he had acquired before the start of the leave.

An employee who is granted compassionate care leave shall be entitled to Home-parent old-age insurance (AVPF).

Request for renewal

The employee may request the renewal of his leave.

The number of renewals authorized, the conditions and deadlines for information shall be determined by collective agreement or collective company agreement or extended branch agreement.

In the absence treaty provisions, the employee shall submit his request for renewal at least 15 days before the date of the end of the leave originally scheduled.

He may use any means of proving the date of the request (e.g. letter or registered e-mail).

Early End

The employee may terminate (or waive) the compassionate care leave early in any of the following cases:

• Death of the assisted person
• Admission to an establishment of the assisted person
• Substantial decrease in employee resources
• Use of a home help service to assist the person being helped
• Caregiver leave taken by another family member

The employee shall inform the employer of his wish to terminate his leave, taking into account the period of notice to be respected before the early return of the employee.

The conditions and deadlines for information shall be determined by collective agreement or collective company agreement or extended branch agreement.

In the absence treaty provisions, the employee shall make a reasoned request to the employer at least 1 month before the date of departure on which he intends to end his leave.

He may use any means of proving the date of the request (e.g. letter or registered e-mail).

Back in the company

At the end of the caregiving leave, the employee returns to his or her job or to a similar job with at least equal pay. He's entitled to a professional interview with his employer.

He can also benefit from it before his leave.