The French government recently passed amendments to the Labor Code increasing government-paid bereavement leave following the passing of an employee’s child, as well as government-paid leave that may be taken following the diagnosis of a child’s disability or serious health condition.
The amendments entered into effect on 19 July 2023.
Key details
The government-paid bereavement leave following the passing of an employee’s child was increased from seven business days to 14 business days for parents with children under age 25 and from five business days to 12 business days for parents with children aged 25 years or older.
The current government-paid leave that may be taken following the diagnosis of a child’s disability or serious health condition (cancer, diabetes, neuromuscular diseases, etc.) was also increased from two business days to five business days. This leave is intended to assist parents by granting paid time off to deal with medical and administrative formalities and is separate from the current compassionate leave that employees are entitled to, up to 310 working days.
Additionally, the new law grants a right for working parents to request teleworking and flexible working arrangements. Employers may refuse such requests; however, refusals must be justified in writing.
Next steps
Employers should review the changes and ensure compliance by amending their HR internal policies and practices, employment agreements, company-level collective bargaining agreements, and family-related benefits and policies as needed.
Employers should be aware that dismissals without cause of employees who decide to use any of their parental leave entitlements, whether full time or part time, will not be upheld.
Law 2003-622 of 19 July 2023