Leave for Sick Children in the Private Sector

Verified 14 September 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Are you entitled to leave to care for your sick child under the age of 16? Is this leave available to any employee, regardless of their length of service in the company? How long is the leave? Are you paid during the leave? We present you the information you need to know about sick child leave.

Yes, you can take leave as an employee if your child is sick or injured.

Your child should have under 16 years. You have to take responsibility for it charge.

You are entitled to leave regardless of your nationality if you are in regular situation.

Warning  

Sick Child Leave and the parental leave are 2 separate blends. Parental leave is granted in the event of the child's sickness, disability or accident of a particular gravity.

The Labor Code does not provide for a seniority requirement for sick child leave.

FYI  

You can take sick child leave during your trial period.

You must send your employer as soon as possible the medical certificate (or a copy) noting your child's illness or accident.

NoHowever, this is a right that your employer can neither refuse you nor postpone, within the limit of the number of days acquired.

General case

The maximum legal duration of leave for sick children is set at 3 days per year.

The collective agreement may grant a longer period of leave for a sick child.

Your child is less than 1 year old

The maximum legal duration of leave for sick children is set at 5 days a year.

The collective agreement may grant a longer period of leave for a sick child.

You have at least 3 dependent children

If you have at least 3 dependent children of under 16 years, the maximum legal period of leave shall be 5 days a year.

The collective agreement may grant a longer period of leave for a sick child.

General case

No, you are not paid during sick child leave.

However, treaty provisions more favorable conditions may provide for remuneration during your leave.

Moselle, Bas-Rhin and Haut-Rhin

In the departments of Moselle, Bas-Rhin and Haut-Rhin, an employee whose employment contract is suspended for a personal reason beyond his control and for a relatively insignificant period of time is entitled to the maintenance of his salary.

However, during the suspension of the contract, the allowances paid by a compulsory social insurance scheme shall be deducted from the amount of remuneration due by the employer.

There is no impact on your entitlement to paid leave.

You keep all your earned paid leave days.

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