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Giving days of rest to an employee who is the parent of a critically ill or caregiver
Verified 26 November 2020 - Directorate for Legal and Administrative Information (Prime Minister)
A person caring for a member of his or her entourage who is disabled or who is suffering a particularly serious loss of autonomy
Time during which an employee or a public official is at the disposal of the employer or the administration and complies with its directives without being able to freely go about his personal activities
Marriage, Civil partnerships or cohabitation (common-law)
The person from whom you come: parent, grandparent, great-grandparent,...
Child, grandchild, great-grandchild
An employee may, subject to conditions, give up all or part of his days of rest not taken for the benefit of a colleague whose child is seriously ill. This donation of days can also be made for the benefit of a colleague caregiver. The donation of rest days allows the employee who benefits from them to be paid during his absence.
What applies to you ?
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Employee parent of critically ill child
The donation of days of rest is a device allowing any employee to give up anonymously, and without consideration, all or part of his days of rest not taken.
Any employee can benefit from this donation of rest days if he meets the following 2 conditions:
- The employee assumes the charge a child under 20 years of age
- The child is suffering from a disease, disability or a serious accident, which make sustained presence and compelling care essential
The donation can cover all days of rest not taken, except the first 4 weeks of paid leave.
It may therefore concern the following days:
- Days corresponding to 5e paid holiday week
- Compensatory rest days granted under a working time reduction scheme (RTT)
- Other recovery days not taken
- Given days of rest may come from a time savings account (TSA)
Employee willing to donate
An employee wishing to make a donation to another employee shall request it from the employer.
The employer's agreement is essential.
Employee receiving the gift
The employee receiving the donation sends the employer a detailed medical certificate, drawn up by the doctor responsible for following the child.
This certificate shall attest to the particular seriousness of the disease, disability or accident. It also states that sustained presence and compelling care are essential.
An employee who receives a grant of rest days shall retain his or her remuneration during his or her absence.
All periods of absence shall be treated as a period of actual work. These periods of absence shall be taken into account in determining the employee's entitlement to seniority.
The employee retains the benefit of all the advantages he had acquired before the beginning of his absence.
Caregiver
The donation of days of rest is a device allowing any employee to give up anonymously and without consideration all or part of his days of rest not taken.
Any employee may benefit from this donation of rest days.
The employee assists a relative with a disability (with a permanent disability of at least 80%) or an elderly relative who is losing independence
The relative may be one of the following:
- Person with whom the employee lives in pairs
- Ascending, descendant, child for whom he is responsible (within the meaning of family benefits) or collateral up to 4e degree (brother, sister, aunt, uncle, first cousin, nephew, niece...)
- Ascending, descending, or collateral to 4e degree of spouse, partner or Civil partnership partner
- An elderly or disabled person with whom he resides or with whom he has close and stable ties. The employee regularly and frequently assists, in a non-professional capacity, to perform all or part of the acts or activities of daily life.
The person assisted must reside in France on a stable and regular basis, that is to say, continuously for more than 3 months.
The donation can cover all days of rest not taken, except the first 4 weeks of paid leave. It may therefore concern the following days:
- Days corresponding to 5e paid holiday week
- Compensatory rest days granted under a working time reduction scheme (RTT)
- Other recovery days not taken
- Given days of rest may come from a time savings account (TSA)
Employee willing to donate
An employee wishing to make a donation to another employee shall request it from the employer.
The employer's agreement is essential.
Employee receiving the gift
The employee receiving the donation sends the employer a detailed medical certificate, drawn up by the doctor responsible for monitoring the person with a disability.
This certificate shall certify the sickness, disability or accident.
It also states that sustained presence and compelling care are essential.
An employee who receives a grant of rest days shall retain his or her remuneration during his or her absence.
All periods of absence shall be treated as a period of actual work. These periods of absence shall be taken into account in determining the employee's entitlement to seniority.
The employee retains the benefit of all the advantages he had acquired before the beginning of his absence.
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
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15