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Donation of days off between public officials: in which cases is this possible?
Verified 18 January 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Commune, department, region, special status community, overseas community
Grouping of natural persons brought together to accomplish something in common (companies, civil businesses, associations, government, local and regional authorities, etc.). This group may also bring together natural and legal persons. It may also consist of only one member (e.g. single-member private company with limited liability - EURL).
Corresponds to all days of the week except the weekly day of rest (usually Sunday) and public holidays usually not worked in the company
The person from whom you come: parent, grandparent, great-grandparent,...
Child, grandchild, great-grandchild
Brothers, sisters of a person and children of the latter (privileged collateral) as well as uncles, aunts, cousins (ordinary collateral)
You can give up all or part of your days of rest to a colleague, parent of a sick or deceased child, or to a colleague who is a family caregiver. You can make such a donation whether you are a public servant or a contractor. The donation shall enable the staff member who benefits from it to be paid during his absence.
What applies to you ?
Sick, disabled or injured child
The officer who gives up his days of rest and the officer who receives them shall be accountable to the same employer.
For example, the donation may be made between officials of one of the following administrations:
- Ministerial Department in the State Civil Service
- Public establishment
- Independent administrative authority
- Territorial collectivity or public health facility
- All legal person private law (in the case of public officials attached to such a legal person)
Agent who wishes to benefit from the donation
You must have a child under 20 yearsdependant suffering from a disease, disability or accident of a particularly serious nature, making it essential to have a sustained presence and to provide compulsory care.
Agent giving up his days
Any agent can give days. The donation is made anonymously and without consideration.
The days that can be given are RTT days and days of annual leave.
RTT days may be given in part or in full.
Staff members who give annual leave must take at least 20 days of leave per year. He may only give his leave days remaining beyond 20 days.
The given RTT and vacation days can be days saved on a Time Savings Account (TSA).
Please note
Compensatory rest days granted in return for overtime, periodic penalty payments or rest cannot be given.
Agent giving up his days
If you plan to give one or more days of rest, you should inform in writing your administration, specifying the number of days you want to give.
With the agreement of your department manager, your donation is final.
The donation of saved days to a Time Savings Account (TSA) can be made at any time.
The donation of unsaved days on a TEC may be made until 31 December of the year concerned.
You can donate several times a year.
Agent who wishes to benefit from the donation
If you wish to receive a donation of rest days, you must inform in writing your administration.
Your application must be accompanied by a detailed medical certificate delivered in a confidential envelope drawn up by the doctor who follows the child.
This certificate attests to the particular seriousness of the illness, disability or accident making it essential to have a sustained presence and compulsory care with the child.
The administration has 15 working days to inform you about the donation of rest days.
The duration of the leave you can take using specific rest days is capped at 90 days per year per child.
This leave may be divided at the request of the doctor following the sick, disabled or injured child.
The donation is made to you in the form of a whole day that you exercise at full-time, part-time, non-full-time or incomplete.
You can accumulate the given days of rest with the other types of leave you are entitled to (annual parental leave, etc.).
You may be absent for more than 31 consecutive days.
You cannot save on a Time Savings Account (TSA) the rest days you are given.
No compensation may be paid in the event of non-use of the given rest days.
Please note
If you do not use all the days given to you during the calendar year, the days not used are returned to the administration, which can give the benefit to another agent.
Caregiver
The officer who gives up his days of rest and the officer who receives them shall be accountable to the same employer.
For example, the donation may be made between officials of one of the following administrations:
- Ministerial Department in the State Civil Service
- Public establishment
- Independent administrative authority
- Territorial collectivity or public health facility
- All legal person private law (in the case of public officials attached to such a legal person).
Agent who wishes to benefit from the donation
You need to help a loved one with a particularly severe loss of independence or a disability.
The person you are helping must be one of the following:
- Spouse, Civil partnership partner, or cohabitation partner
- Ascending or descendant
- Dependent child
- Collateral up to 4e degree
- Ascending, descending, or collateral to 4e degree of your spouse, Civil partnership partner or cohabiting partner
- An elderly or disabled person with whom you reside or with whom you have a close and stable relationship, to whom you regularly and frequently assist, as a non-professional, in carrying out all or part of the acts or activities of daily life.
Agent giving up his days
Any agent can give days. The donation is made anonymously and without consideration.
The days that can be given are RTT days and days of annual leave.
RTT days may be given in part or in full.
Staff members who give annual leave must take at least 20 days of leave per year. He may only give his leave days remaining beyond 20 days.
The given RTT and vacation days can be days saved on a Time Savings Account (TSA).
Please note
Compensatory rest days granted in return for overtime, periodic penalty payments or rest can not be given.
Agent giving up his days
If you plan to give one or more days of rest, you should inform in writing your administration, specifying the number of days you want to give.
With the agreement of your department manager, your donation is final.
The donation of saved days to a Time Savings Account (TSA) can be made at any time.
The donation of unsaved days on a TEC may be made until 31 December of the year concerned.
You can donate several times a year.
Agent who wishes to benefit from the donation
If you wish to receive a donation of rest days, you must inform in writing your administration.
Your application must be accompanied by the following documents:
- Detailed medical certificate delivered under a confidential cover drawn up by the doctor following the person being assisted. This certificate attests to the particular seriousness of the loss of autonomy or the handicap suffered by the person assisted
- Declaration on Honor effective assistance to your family member
The administration has 15 working days to inform the receiving agent of the donation of rest days.
The duration of the leave you can take using specific rest days is capped at 90 days per year per person assisted.
This leave may be divided at the request of the doctor following the person being assisted.
The donation is made to you in the form of a whole day that you exercise at full-time, part-time, non-full-time or incomplete.
You can accumulate the given days of rest with the other types of leave you are entitled to (annual parental leave, etc.).
You cannot save on a Time Savings Account (TSA) the rest days you are given.
No compensation may be paid in the event of non-use of the given rest days.
Please note
If you do not use all the days given to you during the calendar year, the days not used are returned to the administration, which can give the benefit to another agent.
Death of child
The officer who gives up his days of rest and the officer who receives them shall be accountable to the same employer.
For example, the donation may be made between officials of one of the following administrations:
- Ministerial Department in the State Civil Service
- Public establishment
- Independent administrative authority
- Territorial collectivity or public health facility
- All legal person private law (in the case of public officials attached to such a legal person).
Agent who wishes to benefit from the donation
You must be a parent of a child or have a dependent child who dies before age 25.
Agent giving up his days
Any agent can give days. The donation is made anonymously and without consideration.
The days that can be given are RTT days and days of annual leave.
RTT days may be given in part or in full.
Staff members who give annual leave must take at least 20 days of leave per year. He may only give his leave days remaining beyond 20 days.
The given RTT and vacation days can be days saved on a Time Savings Account (TSA).
Please note
days of compensatory rest granted in return for overtime, periodic penalty payments or rest may not be given.
Agent giving up his days
If you plan to give one or more days of rest, you should inform in writing your administration, specifying the number of days you want to give.
With the agreement of your department manager, your donation is final.
The donation of saved days to a Time Savings Account (TSA) can be made at any time.
The donation of unsaved days on a TEC may be made until 31 December of the year concerned.
You can donate several times a year.
Agent who wishes to benefit from the donation
If you wish to receive a donation of rest days, you must inform in writing your administration.
Your application must be accompanied by the death certificate.
If you are not the child's parent, you must also attach a declaration of honor attesting that he was in your effective and permanent charge.
The administration has 15 working days to inform the receiving agent of the donation of rest days.
The duration of the leave you can take using specific rest days is capped at 90 days a year per child.
The leave can be taken for 1 year from the date of death. You can ask to split it.
The donation is made to you in the form of a whole day that you exercise at full-time, part-time, non-full-time or incomplete.
You can accumulate the given days of rest with the other types of leave you are entitled to (annual parental leave, etc.).
You cannot save on a Time Savings Account (TSA) the rest days you are given.
No compensation may be paid in the event of non-use of the given rest days.
Please note
If you do not use all the days given to you during the calendar year, the days not used are returned to the administration, which can give the benefit to another agent.
For a soldier