Rights for parents of children with health-related hardships
Coming into force as of July 2023, a new French law strengthens the rights of parents of children with an illness, disability, or victims of a particularly serious accident.
The law extends the leave duration for certain family hardships and strengthens the protection against dismissal.
Rights for parents: Leave duration for health-related hardships
The legal leave in the event of a death of a child or an announcement of a health-related hardship is increased. The employer is obliged to fully maintain the salary payment during this legal leave.
Death of a child
In the event of the death of a child, the legal leave is increased from 5 to 12 working days. It is increased further from 7 to 14 working days if the child was under the age of 25. The latter also applies regardless of age, if the child was himself a parent, or in the event of the death of a person under the age of 25 who was effectively and permanently dependent on the employee.
Announcement of a health-related hardship
The duration of the legal leave is increased from 2 to 5 working days in the event of the announcement of a health-related hardship such as a disability or cancer.
Protection against dismissal during parental presence leave
Employees with a dependent child with an illness, a disability or a child who has suffered a particularly serious accident can take a so-called parental presence leave.
A new provision prohibits the termination of the employment contract of employees during this specific parental presence leave, unless the employer can justify a serious misconduct by the employee, or the impossibility of maintaining the employment contract for reasons unrelated to the state of health of the child.
Besides, the procedure for an exceptional renewing of the parental presence leave has been relaxed.
The new law comes into force as of July 2023 and significantly strengthens the rights for parents of children with health-related hardship.