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Your child is ill or has been the victim of an accident, his state of health requires him to be kept at home, you are an employee in a private sector company, know that you have the right to specific leave: sick child leave .
Sick child leave: the conditions
The child must be under 16 and be dependent. Here is the number of days of unpaid leave to which one can claim:
- approximately 3 days per year in general (and except more advantageous collective agreement);
- 5 days per year and per child, if the child concerned is less than one year old, or if the employee is responsible for at least 3 children under the age of 16.
Leave for sick children is unpaid, except for more favorable provisions provided for by the company.
Good to know: in all cases, the collective agreement applicable to your company may set more advantageous conditions : payment of wages, additional days of leave… check with your employer.
To request an absence, the medical certificate attesting to the state of health of the child must be sent to the employer as soon as possible.
Parental presence leave: its duration
Unfortunately, it can happen that the child has such a serious state of health. that it requires the continuous presence of a parent by his side. The employed parent has the right at 310 working days (i.e. 14 months) maximum of absence to stay close to her sick child.
In all, the duration of parental presence leave, for the same child and by illness, accident or disability, is 3 years.
Parental presence leave works like a “day credit account” of 310 working days, the parent can use it depending on the illness of their child.
Beyond this 3-year period, the employee may again benefit from this long-term leave, in the event of a relapse or recurrence of the child’s pathology, under conditions of providing a medical certificate again.
Parental presence leave: how to take it
Any employed parent has the right, regardless of seniority, to take parental presence leave. for his child under the age of 20. The parent must send his employer, at least 15 days before the start of the leave, a registered letter with acknowledgment of receipt (or hand him a letter against discharge) stating his desire to benefit from this leave as well as the medical certificate. . Moreover, the initial duration of the period during which the parent benefits from the right to leave is defined by the medical certificate. This certificate attests to the disease,disability or accident of the child and the need for the presence of a parent near him, for restrictive care for example.
Then, every six months, this initial period is subject to a new examination which gives rise to a new medical certificate which must be sent to the employer.
Parental presence leave: consequences for the employed parent
During parental presence leave, the parent’s employment contract is suspended. Half of the duration of the leave is taken into account in determining seniority. The employee also retains the benefit of all the benefits he had acquired before the start of this leave.
At the end of the parental presence leave, the parent must return to their previous job or a similar job with at least equivalent remuneration.
However, in the event of the death of the child or of a significant reduction in household resources, the employee also returns to his previous job or a similar job with at least equivalent remuneration.
Unless there is a more favorable collective agreement, the parent does not receive any remuneration during the leave. He may, however, benefit, for each day of leave taken within the framework of parental presence leave, of a “daily parental presence allowance » (AJPP) paid by the Family Allowance Fund.