Leave for the death of a family member (private employee)
Verified 21 July 2023 - Legal and Administrative Information Directorate (Prime Minister)
Are you an employee and would you like to know if you can get a leave in case of death of a relative? Yes, you can get days off in case of death of a member of your family: child, spouse, Civil partnership partner, common-law partner, parent. The length of the leave varies depending on the relationship with the deceased. We present you with the information you need to know.
All employees may be granted leave in the event of the death of a member of his family, unconditional seniority.
Please note
An apprentice holds an apprenticeship contract and receives remuneration. He is an employee of the company and can therefore obtain this leave. An intern is a high school student or a student, he does not have a work contract. He is not an employee of the company and therefore cannot obtain this leave.
Of treaty provisions specify the number of days of absence to which you are entitled in the event of the death of a family member.
If there are no provisions, you are entitled to a minimum number of days.
The length of the leave varies depending on the relationship with the deceased.
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Death of a relative
Status of the deceased | Length of leave |
|---|---|
Spouse, Civil partnership partner or cohabiting partner | 3 days or longer duration if provided for by collective agreement or collective company agreement |
Father or mother | 3 days or longer duration if provided for by collective agreement or collective company agreement |
Father or mother of the spouse | 3 days or longer duration if provided for by collective agreement or collective company agreement |
Brother or sister | 3 days or longer duration if provided for by collective agreement or collective company agreement |
Other family member | No day off. However, the collective agreement or a agreement applicable in the company may provide for leave in the event of the death of other members of the family. For example, 1 day in case of death of a grandparent, brother-in-law or sister-in-law. |
FYI
days of absence are counted in working days (unless more favorable collective or contractual provisions).
Death of child
In case of death of your child, you are entitled to a leave of absence of 12 days working days or a longer period if provided for by a company collective agreement or agreement.
But you're entitled to a 14 days worked in the event of the death of one of the following persons:
- Child under 25 years
- Child, regardless of age, if he was a parent himself
- Person under the age of 25 at your effective and permanent load
In the event of the death of a child under 25 years of age, you are also entitled to a additional leave, said bereavement leave of a duration of 8 days (in addition to 14 working days).
The bereavement leave also applies in the event of the death of a person under the age of 25 to your effective and permanent load.
The bereavement leave can be taken in a split fashion, that is, over several periods.
The leave can be taken over a maximum of 2 periods if you are an employee.
The leave can be taken over a maximum of 3 periods if you are a jobseeker, self-employed or self-employed farmer.
Each period of leave must be at least 1 day.
You must take bereavement leave within 1 year of the child's death.
The duration of your leave cannot be deducted from the number of days of your annual paid leave.
You must take the leave in the period in which the event occurs, but not necessarily on the same day.
You inform your employer of your absence.
You must submit a proof (death certificate) to your employer.
Your days off are normally paid, as if they had been worked.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry responsible for labor.
Cost: free service
Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Labor Code: Articles L3142-1 to L3142-3Right to leave, procedure and remuneration (public policy provisions)
- Labor Code: Article L3142-4Length of leave (scope of collective bargaining)
- Labor Code: Article L3142-5Length of leave (supplementary provisions)
- Labor Code: Article D3142-1-1Splitting
- Leave for Death of a Relative in the Public ServiceService-Public.fr