Leave of absence for sick child or child in the public service

Verified 06 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Absence authorizations related to the announcement of a chronic pathology or childhood cancer

Published on 6 February 2024

The law no. 2021-1678 introduced the possibility of obtaining absence authorizations when a chronic disease or cancer affecting a child is announced.

A decree still to be issued must specify the duration.

This page will be updated when it is published.

As a public official, you can benefit from paid absence permits to keep a child and when announcing a chronic disease or childhood cancer. We present you the information on the conditions for granting these absence authorizations.

In the State civil service, paid leave of absence may be granted to an official who is the parent of a child or who has a dependent child for the purpose of caring for or providing temporary care for that child.

In the territorial and hospital public services, it is customary to grant leave to members of staff under the same conditions.

In addition, leave of absence may be granted to any public official the announcement of a chronic pathology requiring therapeutic learning or of a cancer affecting his child.

Care or childcare

You can have absence permissions for care and nurture your child when he or she is sick and cannot be taken to day care or school.

You can also take time off if you need to to ensure custody of your child when the usual reception is not possible (e.g. unexpected school closure).

Your child should have 16 years maximum or be disabled (regardless of age).

The number of days of leave is granted by family, regardless of the number of children. It varies depending on whether you live as a couple or alone.

The count of the days of leave is made by calendar year (or, if you work by grade level, by grade).

No Deferral is not possible from one year to the next.

Leave of absence shall be granted until the 16the child's birthday.

If you live as a couple

The maximum number of days of leave that can be granted per year varies depending on the other parent's situation.

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Couple of public officials

The maximum number of days of leave that can be granted per year to each parent is as follows:

  • For an agent who works full-time : 1 times the number of days worked per week + 1 day, i.e. for a staff member who works 5 days per week, 6 days per year
  • For an agent who works part-time : (1 times the number of days worked per week on a full-time basis + 1 day) x (staff member's working day). For example, for an agent who works at 50% in an administration where the number of days worked per week on a full-time basis is 5 days, (5 + 1) x 50% = 3 days.

The 2 parents can divide the absence authorizations among themselves at their convenience, taking into account the working time of each of them.

If a parent exceeds the individual maximum duration (6 days per year), he must provide at the end of the year a certificate from the administration of the other parent containing the following indications:

  • The number of days the other parent has been granted leave
  • The amount of time the other parent spends working

If the maximum number of days the family is allowed to be absent is exceeded, the extra days are deducted from the vacation leave of the current year or the following year.

Job-seeking spouse

If your spouse is enrolled in France Travail (formerly Pôle emploi), the maximum number of days of absence authorization is equal to 2 times the number of days worked per week full-time + 2 days (i.e. 12 days if you work full-time).

If you work part-time, the duration is reduced in proportion to your working hours.

Spouse not granted leave

If your spouse does not have a paid leave of absence to care for your child or to provide temporary care for your child, you can have a maximum number of days leave equal to 2 times the number of days worked per week full-time + 2 days (i.e. 12 days if you work full-time).

If you work part-time, the duration is reduced in proportion to your working hours.

Spouse with fewer absence permissions than you

If your spouse has fewer paid days of absence authorization than you, you can request a number of days of absence authorization equal to the difference between 2 times your number of days worked per week + 2 days and your spouse's number of days of absence authorization.

Example :

If your spouse has only 3 days leave per year, you can apply for 9 days leave (2 x 5 + 2 - 3).

If you live alone

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You work full time

The maximum number of days of leave that can be granted per year is equal to 2 times the number of days worked per week + 2 days.

Example :

If you work 5 days a week: 2 x 5 + 2 = 12 days

Where absence authorizations are not split, the number of such authorizations may be increased to 15 days.

You work part-time

The maximum number of days of leave that can be granted per year is equal to: (2 times the number of days worked per week full-time + 2 days) x your work quota.

Example :

If you work at 50% in an administration where the number of days worked per week on a full-time basis is 5 days: 2 x 5 + 2 x 50% = 6 days.

When the absence authorizations are not split, the number of days is 15 times your work quota.

Absence authorizations are granted, if the service requirements allow it, on presentation of a medical certificate or any other document justifying your necessary presence with the child.

Chronic disease or cancer

You can benefit from special paid absence authorizations when announcing a chronic disease requiring therapeutic learning or cancer in your child.

Chronic conditions include the following:

  • Chronic diseases
  • Rare diseases listed in the Orphanet nomenclature
  • Severe allergies resulting in the prescription of an injectable treatment

These special absence authorizations are not taken into account in the calculation of your annual leave.