What are the different leaves of a childminder?

Verified 14 August 2023 - Legal and Administrative Information Directorate (Prime Minister)

Maternal assistant employed by an individual employer shall be entitled to leave under the same conditions as any other employee.

Is she entitled to paid leave and unpaid leave? Is she entitled to leave related to the arrival of a child? Is she entitled to specific leave? Is she entitled to leave related to family events?

We are taking stock of the regulations.

The childminder is entitled to paid leave.

Leave for personal reasons, unpaid, may be granted at the request of the employee.

The employee is not required to explain the reasons for her request.

An employer who refuses leave is under no obligation to specify the reason for his refusal.

This leave shall not be taken into account for the purpose of calculating the duration of annual paid leave.

Maternal assistant employed by an individual employer shall be entitled to the same leave and leave authorizations as any other employee:

Maternal assistant employed by an individual employer shall be entitled to the same leave as any other employee:

Maternal assistant employed by an individual employer shall be entitled to the same leave as any other employee:

FYI  

when taking leave for family events (marriage, Civil partnerships), the employer must grant the employee 1 working day unpaid if the employee is required to travel more than 600 km round trip. To benefit from this additional day, the employee must make the request to his employer.

The employee also benefits from 1 working day off for the conclusion of a child's Civil partnership.

An employee may also obtain leave in the event of the death of a family member. No seniority requirement is required to qualify for this leave. The length of the leave varies according to the status of the deceased relative to the employee.

General case
Tableau - Number of days off in case of death of a relative

Status of the deceased

Length of leave

Spouse, partner of Civil partnerships: titleContent or common-law partner

3 working days

Father or mother

3 working days

Stepfather or stepmother

(i.e. the father or mother of the spouse)

3 working days

Brother or sister

3 working days

Direct descendant (grandchild, great grandchild)

1 working day

Direct Ascending (grandparent, great grandparent)

1 working day

Other family member

No day off.

However, the contract of employment may provide for leave in the event of the death of other members of the family.

The employee takes her leave at the time of the event. It can also be taken in the days surrounding the event with the agreement of the employer. The employee shall be paid during this leave.

Days of absence are counted in working days.

A longer duration may be provided for in the contract of employment.

FYI  

when the employee requests it, the employer must grant her an additional 1 unpaid working day if she is obliged to travel more than 600 km round trip.

Death of a child or a person under 25 years of age who is the employee's actual and permanent dependants

The employee shall be entitled to 12 days working days or a longer period if the contract of employment so provides.

The employee shall be entitled to 14 days 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 25 years of age at the effective and permanent load of the employee

The employee takes her leave at the time of the event. It can also be taken in the days surrounding the event with the agreement of the employer. The employee shall be paid during this leave.

Bereavement Leave

In the event of the death of a child under the age of 25, the employee is also entitled to additional leave, says bereavement leave of a duration of 8 days working days .

The bereavement leave also applies in the event of the death of a person under 25 years of age at the effective and permanent load of the employee.

Bereavement leave can be taken in 2 periods. Each period shall last at least 1 day.

The employee shall inform her employer at the latest 24 hours before the start of each period of leave.

The employee must take bereavement leave within 1 year of the child's death.

An absence permit is granted to the employee aged 18 to 25 to participate in this day. The employee is paid by the individual employer.

This day shall be taken into account for the calculation of holiday pay and seniority.

The employee shall be entitled, on production of evidence, to leave to attend the welcoming ceremony in french citizenship.

The duration of this leave is fixed at half a day. It must be taken when the ceremony is held.

The spouse of the employee also benefits from this right.

Please note

the duration of such leave shall be treated as actual working time for the purpose of determining entitlement to paid leave and seniority.

Disputes shall fall within the jurisdiction of the prud'homme council of the home of the childminder.

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