Giving days of rest to an employee who is the parent of a critically ill or caregiver - Caregiver
Verified 26 novembre 2020 - Directorate for Legal and Administrative Information (Prime Minister)
The donation of days of rest is a device allowing any employee to give up anonymously and without consideration all or part of his days of rest not taken.
Any employee may benefit from this donation of rest days.
The employee assists a relative with a disability (with a permanent disability of at least 80%) or an elderly relative who is losing independence
The relative may be one of the following:
- Person with whom the employee lives in pairs
- Ascending, descendant, child for whom he is responsible (within the meaning of family benefits) or collateral up to 4e degree (brother, sister, aunt, uncle, first cousin, nephew, niece...)
- Ascending, descending, or collateral to 4e degree of spouse, partner or Civil partnership partner
- An elderly or disabled person with whom he resides or with whom he has close and stable ties. The employee regularly and frequently assists, in a non-professional capacity, to perform all or part of the acts or activities of daily life.
The person assisted must reside in France on a stable and regular basis, that is to say, continuously for more than 3 months.
The donation can cover all days of rest not taken, except the first 4 weeks of paid leave. It may therefore concern the following days:
- Days corresponding to 5e paid holiday week
- Compensatory rest days granted under a working time reduction scheme (RTT)
- Other recovery days not taken
- Given days of rest may come from a time savings account (TSA)
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 essential.
Employee receiving the gift
The employee receiving the donation sends the employer a detailed medical certificate, drawn up by the doctor responsible for monitoring the person with a disability.
This certificate shall certify the sickness, disability or accident.
It also states that sustained presence and compelling care are essential.
An employee who receives a grant of rest days shall retain his or her remuneration during his or her absence.
All periods of absence shall be treated as a period of actual work. These periods of absence shall be taken into account in determining the employee's entitlement to seniority.
The employee retains the benefit of all the advantages he had acquired before the beginning of his absence.
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