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Giving days of rest to an employee who is the parent of a critically ill or caregiver
Verified 03 October 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Can you, give up all or part of your unused rest days in favor of a colleague whose child is seriously ill or a colleague? caregiver ? We're doing an update on the regulations.
What applies to you ?
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Employee parent of critically ill child
The donation of days of rest is a device which allows any employee to give up all or part of his days of rest not taken for profit another company employee.
The donation of days is made of anonymous and unrequited manner.
You can benefit from this donation of rest days if you fill one of the 2 following conditions :
- Either you assume the charge a child under the age of 20 who is suffering from a disease, disability or serious accident, which make sustained attendance and compelling care essential
- Either you had to effective and permanent load a person under the age of 25 who has died. You can receive the donation of days in the year following the date of death.
Donation may be for all days of rest not taken, except First 4 weeks of paid leave.
Donations may be made on the following days:
- Either the days corresponding to the 5e paid holiday week
- Either compensating rest days granted under a working time reduction (RTT) scheme
- Other days of recovery not taken
- Or rest days from a time savings account (TSA)
Please note
You cannot give unearned days of rest.
If you wish to make a donation to another employee, you must make the request to your employer.
Your employer's agreement is indispensable.
Your employer may refuse you to donate days.
Please note
There is no formality for applying to the employer. For more information on how to do this, contact your company's Human Resources department.
If you are entitled to a donation of rest days, you must send your employer a detailed medical certificate drawn up by the doctor in charge of following your child.
This certificate attests to the illness, disability or accident of your child that make a sustained presence and binding care essential.
You keep your salary during your absence.
All periods of absence shall be treated as a period of actual work.
These periods of absence are taken into account to determine your seniority rights.
You also retain all the benefits you acquired before the start of your absence.
Caregiver
The donation of days of rest is a device enabling any employee to give up all or part of his days of rest not taken for the benefit of another employee of the company.
The donation of days is made of anonymous and unrequited manner.
You can benefit from this donation of days of rest if you come to the aid of a relative with a disability (with a permanent incapacity of at least 80%) or an elderly relative and in loss of autonomy.
You come to help regularly and frequently, in a non-professional capacity, to perform all or part of the acts or activities of the daily life of the person being helped.
The relative may be one of the following:
- No one you live with in pairs
- Ascending, descendant, child for whom you are responsible (as defined in family benefits) or collateral up to 4e degree (brother, sister, aunt, uncle, first cousin, nephew, niece)
- Ascending, descending, or collateral to 4e degree of your spouse, cohabiting partner or Civil partnership partner
- An elderly or disabled person with whom you reside or with whom you have a close and stable relationship.
Please note
The assisted person must reside in France on a stable and regular basis, that is to say, continuously for more than 3 months.
Donation may be for all days of rest not taken, except First 4 weeks of paid leave.
It may therefore concern the following days:
- Either the days corresponding to the 5e paid holiday week
- Either compensating rest days granted under a working time reduction (RTT) scheme
- Other days of recovery not taken
- Or rest days from a time savings account (TSA)
Please note
You cannot give unearned days of rest.
If you wish to make a donation to another employee, you must make the request to your employer.
Your employer's agreement is indispensable.
Your employer may refuse you to donate days.
Please note
There is no formality for applying to the employer. For more information on how to do this, contact your company's Human Resources department.
You send your employer a detailed medical certificate drawn up by the doctor responsible for following up the person you are helping.
This certificate attests to the illness, disability or accident of the person close to the person being assisted.
The certificate should state that sustained presence and compelling care are essential.
You keep your salary during your absence.
All periods of absence shall be treated as a period of actual work.
These periods of absence are taken into account to determine your seniority rights.
You also retain any benefits you acquired prior to the start of your absence.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
He does not respond questions relating to unemployment compensation and representations to France Labor (formerly Pôle emploi), the officials or contractual of the fpublic service, the amount or payment of contributions social, wage or management.
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- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Service free
The informants who answer you belong to the ministry responsible for labor.
Giving days of rest to a parent of a deceased or critically ill child
Caregiver leave