Family solidarity leave of an employee

Verified 17 March 2023 - Directorate for Legal and Administrative Information (Prime Minister)

What is Family Solidarity Leave? Can you benefit from it and under what conditions? Can you take the leave on a full-time or part-time basis? Is the leave paid? We present you with the information you need to know.

If you are an employed person, family solidarity leave allows you to take time off to help one of your loved ones at the end of their life.

Your loved one must be in the advanced or terminal phase of a serious and incurable condition (whatever the cause).

You can apply for family solidarity leave to care for one of the following people, if they are in advanced or terminal stages of a serious and incurable condition:

  • Ascending
  • Descendant
  • Brother or sister
  • Person who shares the same home or has designated you as their trusted person

You must inform your employer of your wish to take family solidarity leave at least 15 days before the leave begins.

You can inform your employer by any means to justify the date of the request (e.g. letter or registered e-mail).

You must provide your employer with the following information:

  • Your willingness to suspend your employment contract to benefit from family solidarity leave
  • Your date of departure on leave
  • Your request to split the leave or convert it into part-time work
  • Your expected return date at the end of the leave

You must also send your employer a medical certificate issued by the doctor treating the person you are assisting.

This certificate must certify that the person suffers from a life-threatening condition or is in the advanced or terminal phase of a serious and incurable condition.

Once the formalities for applying for your leave have been completed, your employer cannot either postpone or refuse your application for family solidarity leave.

The agreement with your employer determines the following:

  • Foreseeable duration and conditions for renewal of leave
  • Measures to maintain a link with your company during the leave
  • Accompanying arrangements for your return from leave

If the expected date of your return to the company changes, you must inform your employer at least 3 days before your return was originally scheduled to end.

If your employer refuses, you can enter the labor council (CPH).

The leave shall be taken:

  • Be taken continuously full-time
  • Or, with the agreement of your employer, taken part-time.

During the whole period of leave, you may not engage in any other professional activity.

Your leave starts on your own initiative on the date you have set with your employer.

However, in the event of an absolute urgency established in writing by the doctor, the leave shall begin (or may be renewed) without delay, i.e. immediately notification to your employer.

You must determine the length of your family solidarity leave with your employer.

However, your leave may not exceed a maximum period (including renewals).

The duration of the leave shall be fixed by the collective agreement or thecollective company agreement.

In the absence of treaty provisions, the duration of the leave shall be 3 months, renewable once.

Please note

in the case of split leave, each period of leave shall be at least 1 day.

Remuneration

Your family solidarity leave is unpaid.

However, you may, subject to conditions, the daily support allowance for a person at the end of life (Ajap).

To do this, your employer must provide you with a certificate stating that you are on family solidarity leave.

You send by mail the certificate completed by your employer to the National Center for the Management of Applications for Daily Allowances for Accompanying Persons at the End of Life (Cnajap).

Who shall I contact

You also send by post the completed form for a request for a daily home support allowance for a person at the end of their life.

Application for a daily home support allowance for a person at the end of life

In the absence of a response from Najap for more than 7 days from the date it receives the request, Ajap is granted.

Social benefits

Throughout your leave, you retain your rights to reimbursement of the care and daily allowances paid by the social security in case of sickness, maternity, disability and death.

General case

At the end of the leave, you return to your job or a similar job and pay at least equivalent to your previous job.

Measures may be provided to accompany the employee upon his return.

After your leave, you have the right to a professional interview with your employer devoted to your career prospects.

You retain the benefit of all the benefits you acquired before the start of your leave.

The length of leave shall be taken into account for the determination of seniority-related benefits.

In the event of the death of the assisted person during the leave

If the assisted person dies during the leave, it shall end within 3 days that follow the death.

However, before you return to the company, you can take days to leave for family events in connection with the death.

At the end of the leave, you return to your job or a similar job and pay at least equivalent to your previous job.

Measures may be provided to accompany the employee upon his return.

After your leave, you have the right to a professional interview with your employer devoted to your career prospects.

You retain the benefit of all the benefits you acquired before the start of your leave.

The length of leave shall be taken into account for the determination of seniority-related benefits.

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