Donation of rest days to an employee whose child has died

Verified 10 January 2022 - Directorate for Legal and Administrative Information (Prime Minister)

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 has died. The donation of rest days allows the employee who benefits from them to be paid during his absence.

An employee may give up, anonymously, all or part of his days of rest not taken in favor of a colleague of work.

These days of rest not taken are then given to the co-worker whose child has died.

Donation may be made to a colleague affected by the death:

  • Or a child under 25 years of age
  • Or from a person under 25 years of age to effective and permanent load of the employee

The donation can cover all days of rest not taken, except the first 4 weeks of paid leave.

The donation may therefore concern:

  • Either the days corresponding to 5e paid holiday week
  • Either compensating rest days granted under a working time reduction (RTT) scheme
  • Either another day of recovery not taken

The given rest days 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 gift sends the employer a death certificate.

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, which makes it possible to record them in order to determine the employee's entitlement to seniority.

The employee retains the benefit of all the advantages he had acquired before the beginning of his absence.

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