Donation of rest days to an employee whose child has died
Verified 09 August 2024 - Directorate for Legal and Administrative Information (Prime Minister)
An employee may, subject to conditions, give up all or part of his days of rest not taken for the benefit of a colleague of his company whose child has died. The donation of rest days allows the employee who benefits from them to be paid during his absence. We present you with the information you need to know.
An employee may, subject to conditions and anonymously, renounce all or part of his days of rest not taken for the benefit of a fellow employee working in the same company and whose child has died.
The donation of rest days may be made by an employee to a fellow employee working in the same company affected by the death of a child under the age of 25.
Please note
The donation of rest days is also possible in the event of the death of the person under 25 whose employee has effective and permanent load. For example, the death of the child of the civil partnership partner of the employee for whom he or she was responsible on a daily basis.
The gift of days rest period acquired that an employee may give to another employee whose child has died may relate to every day rest period for the donor employee not taken, except for 4 first weeks of paid leave.
The donation may therefore concern:
- Either the days corresponding to the 5e paid holiday week
- Either compensating rest days granted in the framework of a reduction of working time (RTT)
- Either another day of recovery not taken.
The given rest days may come from a time savings account (TSA).
Please note
The number of donated days can be determined by the collection convention applicable in the company or by collective company agreement. In the absence of an agreement, the employer may the maximum number days of donations.
It depends on whether it is the employee who donates days of rest (donor) or the employee (donee) who receives the donation of days from his fellow employee.
Employee willing to donate
An employee wishing to make a donation to another employee shall request it from the employer.
The employer's agreement is indispensable.
There is no formality concerning the transmission of a request for a donation of days from one employee to another employee whose child has died.
Employee receiving the gift
The employee receiving the gift must send the employer a death certificate.
An employee whose child has died shall retain his remuneration and rest days earned throughout his absence.
All periods of absence shall be treated as a period of actual work, which makes it possible to record them in order to determine the employee's entitlement to seniority.
The employee retains the benefit of all the advantages he had acquired before the beginning of his absence.
Please note
An employee whose child has died may not be dismissed, except in the case of simple, serious or serious misconduct or economic redundancy.
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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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