Subsection 2: Family solidarity leave

An employee whose ascendant, descendant, brother, sister or person sharing the same home is suffering from a life-threatening illness or is in the advanced or terminal stages of a serious and incurable disease is entitled to family solidarity leave. Under the same conditions, an employee who has been designated as a trusted support person within the meaning ofarticle L. 1111-6 of the French Public Health Code is also entitled to…

The leave starts or is renewed at the employee’s initiative. The duration of the leave is set by the employee, within the limit provided for in 1° of article L. 3142-14 or, in the absence of an agreement, within the limit provided for in 1° of article L. 3142-15. In the event of an absolute emergency recorded in writing by the doctor, the leave begins or may be renewed without…

The employee may, with the employer’s agreement, convert this leave into a period of part-time work or split it up.

An employee benefiting from the rights provided for in Articles L. 3142-6 to L. 3142-8 may not engage in any other professional activity.

At the end of the leave or the period of part-time work mentioned in Article L. 3142-8, the employee returns to his job or a similar job with at least equivalent pay.

Before and after his leave, the employee is entitled to the professional interview mentioned in I of article L. 6315-1.

The duration of this leave cannot be deducted from the annual paid leave. It is taken into account when determining seniority benefits. The employee retains the benefit of all the advantages acquired before the start of the leave.

In the event of a dispute, the employer’s refusal may be challenged directly by the employee before the industrial tribunal (Conseil de prud’hommes), ruling under the accelerated procedure on the merits, under conditions laid down by decree in the Conseil d’Etat.