How many days off in France following the death of a child?

The new french law concerning bereavement leave for the loss of a child has been adopted. How many more days? Am I protected against dismissal? How are social benefits calculated? Many new elements must be considered, and we shed some light on this subject.

Quick review of events

Since 2016, parents are entitled to 5 days of leave after the loss of a child, paid by the employer.

After numerous debates, the law on bereavement leave for the loss of a child was amended, with more benefits for grieving parents. On May 26, 2020, it was definitively adopted by the deputies.

This law modifies several existing articles, including articles L3142-1-1 and L3142-4 of the labor code.

News concerning bereavement leave for a child

Additional leave days

Leave days for employees

Employees can benefit from a total of 15 days of leave (working days), divided into 7 days + 8 days.

7 days of leave are financed by the employer, for the death of:

• a child under 25 years old

• a child over 25 years old if he/she had a child/ children

• a person under 25 years old effectively and permanently dependent on the employee. This decision takes into account blended families.

For parents of a deceased child over 25 years old without children, the number of leave days remains fixed at 5.

And 8 additional days of leave (called "respite leave") for the death of:

• a child under 25 years old

• a person under 25 years old effectively and permanently dependent on the employee

These 8 days can be taken within the year following the death and can be split under conditions provided by decree. The employee must inform the employer at least twenty-four hours before the start of each absence period.

These 8 additional days are available for a death occurring after July 1, 2020.

Leave days for civil servants

Civil servants can benefit from a total of 15 days of leave.

7 days (working days) are granted on special leave authorization for the death of:

• a child under 25 years old

• a person under 25 years old effectively and permanently dependent on the employee

Civil servants benefit, under the same conditions, from a complementary special leave authorization of 8 days, which can be split and taken within one year from the date of death.

For parents of a deceased child over 25 years old, the number of leave days remains fixed at 5.

Leave days for self-employed workers

Insured persons mentioned in articles L. 732-10 and L. 732-12-1 of the rural and maritime fishing code are entitled, subject to being replaced by salaried staff, to replacement allowance for a duration of 15 days for the death of:

• a child under 25 years old

• a person under 25 years old effectively and permanently dependent on the employee

These 15 days can be split under conditions determined by decree and taken within the year following the death, subject to stopping all professional activity during this period.

Protection against dismissal during bereavement

The employee cannot be dismissed by their employer within the 13 weeks following the death of:

• a child under 25 years old

• a person under 25 years old effectively and permanently dependent on the employee

However, they can be dismissed in case of serious misconduct or their inability to maintain their contract for a reason unrelated to the child's death.

A daily allowance is paid to the insured person for a duration of 13 weeks in case of incapacity to continue or resume work for the death of

• a child under 25 years old

• a person under 25 years old effectively and permanently dependent on the employee

Donation of rest days for the bereavement of a child

A work colleague can give up their unused rest days and donate them to another employee in case of death of:

• a child under 25 years old

• a person under 25 years old effectively and permanently dependent on the employee

For civilian and military agents, this measure must be specified by a decree in the Council of State. The head of the department is informed of the rest day donation and cannot oppose it.

Calculation of social benefits

Some social benefits continue to be paid, taking into account the deceased child:

• Family allowances

• Family supplement

• Increased amount of family supplement

• Disabled Child Education Allowance (AEEH)

• Parental Shared Education Allowance

Also, the flat-rate allowance paid in case of a child's death, which was initially repealed, will be reinstated (8° of article L. 511-1 of the social security code).

The duration during which social benefits continue to take into account the deceased must be determined by decree.

For a deceased minor child dependent on a household, the beneficiary is entitled to the maintenance of the consideration of this child for the household's RSA (Revenu de Solidarité Active) rights, starting from the date of death and, if applicable, until the 4th periodic review that follows.

Psychological support

On an experimental basis, the State authorizes the financing of the care of psychological suffering of the parent or the person with parental authority if the child was under 25 years old. This also applies to the siblings and children living under the same roof as the deceased child.

A doctor can thus evaluate the needs and direct the people concerned towards psychological support.

When a death occurs, one may not be aware of the various steps to follow for the funeral, especially in the case of losing a child, which is often sudden and unprepared. To be better informed on this subject, you can consult our guide on the steps to take in case of death in France.