Whether it's for organizing a funeral or mourning the loss, a few days off are essential when losing a loved one. Special leave days for the death of a close relative are granted by the French Labor Code.
Article L3142-4 of the Labor Code details the number of paid leave days given to an employee when a death occurs.
For the death of a spouse, civil partner or cohabiting partner, 3 days are granted.
For a parent, one of the in-laws, a sister or a brother, the number of days granted is also 3.
Up to 15 days are granted for the death of a child. This used to be 5 days and was recently increased following the law adopted on March 3, 2020.
For more information on the number of leave days for the death of a child, please refer to our dedicated guide.
Your relationship to the deceased | Number of leave days |
---|---|
Spouse, civil partner, or cohabiting partner | 3 days |
Child | 3 days |
Stepchildren | 3 days |
Sister / Brother | 3 days |
Relative | Up to 15 days |
These leave days do not have to be taken immediately after the death occurs but within a "reasonable timeframe." It is up to the employer to determine if the period between the death and the leave days is appropriate. Also, these days cannot be deducted from the employee's annual paid leave.
The company's collective agreement may be more favorable to employees. It may offer more leave days than those provided by law. It is the responsibility of the employee to consult it for details.
For public service employees, it is possible to be granted exceptional leave days following the death of a close relative. The period and compensation vary depending on the administration.
After applying to the employer, a copy of the death certificate must be provided to justify the leave.
In case of conflict (for example, if the employer refuses to grant the leave), the labor court has jurisdiction.