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

Losing a child turns everything upside down. To support parents, the French law of June 8, 2020 created bereavement leave, protection against dismissal and the continuation of certain benefits. The law of July 19, 2023 then extended leave on death to 12 or 14 days. Here are the rights currently in force, depending on your situation.

For leave granted on the death of another relative, see our guide on days off following a death in France.

Days off after the death of a child

For employees

Employees are entitled to leave on death (article L3142-4 of the French labour code), paid by the employer, of at least:

• 14 working days for the death of a child under 25, of a child who was a parent themselves (whatever their age), or of a person under 25 who was effectively and permanently dependent on them;
• 12 working days for the death of a child aged 25 or over.

Working days ("jours ouvrables") run from Monday to Saturday. A collective agreement may provide for longer leave.

On top of this, 8 days of bereavement leave (article L3142-1-1 of the French labour code) are granted for the death of a child under 25 or of a dependent person under 25:

• they can be taken within one year of the death;
• they can be split;
• the employee must inform the employer at least 24 hours before each absence.

In short, at least:

• 22 days (14 + 8) for the death of a child under 25 or of a dependent person under 25;
• 14 days for the death of a child aged 25 or over who was a parent;
• 12 days for the death of a child aged 25 or over without children.

For civil servants

Civil servants are granted special leave of absence (article L622-2 of the French civil service code) of 12 working days for the death of a child, extended to 14 working days if the child was under 25, was a parent themselves, or for a dependent person under 25. In these same cases, an additional 8 days can be split and taken within one year of the death.

For farmers

For the death of a child under 25 or of a dependent person under 25, farmers are entitled for 15 days to the replacement allowance that funds their replacement on the farm, or failing that to flat-rate daily allowances (article L732-12-3 of the French rural code). These 15 days:

• must be taken within one year of the death;
• can be split;
• require stopping all professional activity during the leave.

Protection against dismissal

For 13 weeks after the death of a child under 25 or of a dependent person under 25, the employer cannot terminate the employment contract (article L1225-4-2 of the French labour code). The only exceptions are serious misconduct or the impossibility of maintaining the contract for a reason unrelated to the death.

Within these same 13 weeks, the first sick leave is paid by French social security without any waiting period (article L323-1-1 of the French social security code).

Donation of rest days

With the employer's agreement, a colleague can anonymously donate, free of charge, all or part of their unused rest days to an employee whose child under 25, or dependent person under 25, has died (article L1225-65-1 of the French labour code). The donation can be made within one year of the death. The employee who receives it keeps their salary during their absence.

Family benefits

• Lump-sum allowance: the CAF or MSA pays an allowance on the death of a child under 25 (article L511-1 of the French social security code). The amount depends on household income (CAF scale).
• Continued benefits: family allowances, the family supplement, the AEEH (disabled child education allowance), the shared child-rearing benefit, the basic allowance and the family support allowance keep being paid taking the deceased child into account, for a period set by decree (article L552-7 of the French social security code). The back-to-school allowance remains due.
• RSA and activity bonus: a deceased minor child is still taken into account in the household's rights until the fourth periodic review (article L262-21 of the French social action and families code).

For other possible financial support, see our guide on financial assistance for funerals in France.

Support through grief

The death of a child is an especially painful ordeal, for parents as well as for brothers and sisters. Our article on the 5 stages of grief can help you understand what you are going through.

A death, especially a sudden one, comes with many formalities. To find your way, see our guides on what to do after a death in France and the procedures to follow after a death in France.