Leave of absence for sick child or child in the public service

Verified 06 January 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Absence authorizations related to the announcement of a chronic pathology or childhood cancer

Published on 3 March 2022

The law no. 2021-1678 introduced the possibility of obtaining absence authorizations when a chronic disease or cancer affecting a child is announced.

A decree still to be issued must specify the duration and the list of chronic pathologies giving entitlement to these absence authorizations.

This page will be updated when it is published.

In the State civil service, paid leave of absence may be granted to an official who is the parent of a child or who has a dependent child for the purpose of caring for or providing temporary care for that child.

In the territorial and hospital public services, it is customary to grant leave to members of staff under the same conditions.

In addition, leave of absence may be granted to any public official the announcement of a chronic pathology requiring therapeutic learning or of a cancer affecting his child.

Care or childcare

You can be granted absence permits to keep and care for your child when he or she is sick and cannot be received in nursery or school.

You may also be granted leave if you have to take care of your child when regular care is not possible (e.g. unexpected school closure).

Your child should be up to 16 years of age or disabled (regardless of age).

The number of days of leave is granted per family, regardless of the number of children. It varies depending on whether you live as a couple or alone.

The count of the days of leave is made by calendar year (or, if you work by grade level, by grade).

No carry-overs are possible from one year to the next.

Leave of absence shall be granted until the 16the child's birthday.

You live as a couple

The maximum number of days of leave that can be granted per year varies depending on the other parent's situation.

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Couple of public officials

The maximum number of days of leave that can be granted per year to each parent is as follows:

  • For a full-time staff member: 1 times the number of days worked per week + 1 day, i.e. for a staff member who works 5 days per week, 6 days per year
  • For a staff member working part-time: (1 times the number of days worked per week on a full-time basis + 1 day) x (staff member's working quota). For example, for an agent who works at 50% in an administration where the number of days worked per week on a full-time basis is 5 days, (5 + 1) x 50% = 3 days.

When absence authorizations are not split, the number of absence authorizations can be increased to 8 days for each parent. For a part-time staff member, this period shall be reduced in proportion to his working hours (e.g. 4 days for a staff member working at 50%).

The 2 parents can divide the absence authorizations among themselves at their convenience, taking into account the working time of each of them.

If a parent exceeds the individual maximum duration (6 days per year), he must provide at the end of the year a certificate of the administration of his spouse with the following particulars:

  • Number of days of leave granted to the spouse
  • Spouse's working time

If the maximum number of days the family is allowed to be absent is exceeded, the extra days are deducted from the vacation leave of the current year or the following year.

Job-seeking spouse

If your spouse is registered in Pôle emploi, the maximum number of days of absence authorization is equal to 2 times the number of days worked per week full-time + 2 days (i.e. 12 days if you work full-time).

If you work part-time, the duration is reduced in proportion to your working hours.

Spouse not granted leave

If your spouse does not have a paid leave of absence in his job to care for his child or to provide temporary care for him, the maximum number of days of leave of absence is equal to 2 times the number of days worked per week full time + 2 days (i.e. 12 days if you work full time).

If you work part-time, the duration is reduced in proportion to your working hours.

Spouse with fewer absence permissions than you

If your spouse has fewer paid days of absence than you, you can request absence authorizations equal to the difference between 2 times the number of days worked per week + 2 days and your spouse's absence authorizations.

Example :

if your spouse has only 3 days leave per year, you can apply for 9 leave permits (2 x 5 + 2 - 3) if you work full time.

You live alone

You work full time

The maximum number of days of leave that can be granted per year is equal to 2 times the number of days worked per week + 2 days.

Example :

if you work 5 days a week: 2 x 5 + 2 = 12 days

Where absence authorizations are not split, the number of such authorizations may be increased to 15 days.

You work part-time

The maximum number of days of leave that can be granted per year is equal to: (2 times the number of days worked per week full-time + 2 days) x your work quota.

Example :

if you are working at 50% in an administration where the number of days worked per week on a full-time basis is 5 days: 2 x 5 + 2 x 50% = 6 days.

When the absence authorizations are not split, the number of days is 15 times your work quota.

Absence authorizations are granted, if the service requirements allow it, on presentation of a medical certificate or any other document justifying your necessary presence with the child.

Chronic disease or cancer

You may be granted special paid leave when you announce that your child has a chronic condition requiring therapeutic learning or cancer.

These special absence authorizations are not taken into account in the calculation of your annual leave.