New procedure for leave taken for family reasons

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Date:
10 Feb 2021

ILO

By:
Ariane Claverie, Guy Castegnaro

The Law of 22 January 2021 modifying Articles L 234-51, L 234-52 and L 234-53 of the Labour Code and introducing a temporary exemption from Articles L 234-51, L 234-52 and L 234-53 of the Labour Code was published in Mémorial A 45 on 22 January 2021.

The Labour Code now provides that employees can claim leave for family reasons:

if they have a child under the age of thirteen who has to quarantine or if they have a child under the age of thirteen who has been forced to self-isolate or has been expelled, excluded, segregated or kept at homefor compelling reasons of public health, dictated or recommended by the competent national or foreign authority, with a view to limiting the spread of an epidemic. (Emphasis added.)

In such circumstances, the employee's absence is justified by a certificate issued by the competent national or foreign authority confirming the decision or recommendation.

The law also provides that from 21 January 2021 to 2 April 2021 (inclusive), employees may claim leave for family reasons for:

  • a vulnerable child, provided that they produce a medical certificate confirming this vulnerability and the reasons why they should not go to school or a childcare facility (ie, an early years education and childcare service, an education and childcare service for school-aged children, a mini-crèche or a childminder);
  • a child born before 1 September 2017 under the age of 13 who has not left primary education when a ministerial decision has been made to partially or totally close schools or childcare facilities as defined above (as long as they accept children enrolled in school), provided that a certificate can be obtained confirming the situation issued by the Ministry of National Education, Children and Youth;
  • a child born after 1 September 2016 when a ministerial decision has been made to partially or totally close childcare facilities as defined above (as long as they accept young children), provided that a certificate can be obtained confirming the situation issued by the Ministry of National Education, Children and Youth; and
  • a child under the age of 13 who attends a school or a childcare facility as defined above which, for reasons relating to the health crisis, has been closed as a one-off by the competent public authority, provided that a certificate can be obtained confirming the situation issued by the competent public authority.

The other temporary exemptions already applicable, as provided for by the Law of 24 December 2020,(1) are covered by the Law of 22 January 2021.

Endnotes

(1) The Law of 24 December 2020 introducing exemptions to Articles L 234-51 and L 234-53 of the Labour Code. For further information please see "Coronavirus : dérogation au congé pour raisons familiales jusqu'au 20 janvier 2021".