Subsection 3: Caregiver leave

An employee is entitled to leave to care for one of the following people who has a disability or loss of autonomy: 1° Their spouse ; 2° cohabiting partner ; 3° Their partner in a civil solidarity pact ; 4° An ascendant ; 5° a descendant ; 6° A dependent child within the meaning ofArticle L. 512-1 of the Social Security Code; 7° A collateral up to the fourth degree…

The person being helped must be a regular and stable resident of France.

The employee may not engage in any other professional activity during the period of leave. However, they may be employed by the person receiving assistance under the conditions set out in the second paragraph of articles L. 232-7 or L. 245-12 du code de l’action sociale et des familles.

The leave starts or is renewed at the employee’s initiative. It may not exceed one year for the entire career, including renewals. In the event of a sudden deterioration in the state of health of the person being cared for, a crisis situation requiring urgent action on the part of the family carer or the sudden cessation of accommodation in an establishment from which the person being cared for was…

The employee may, with the agreement of his employer, convert this leave into a period of part-time work or split it up. In this case, the employee must notify his employer at least forty-eight hours before the date on which he intends to take each period of leave. This conversion or splitting is granted without delay in the cases mentioned in the third paragraph of article L. 3142-19.

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.

At the end of the leave or the period of part-time work mentioned in article L. 3142-20, the employee returns to his job or a similar job with at least equivalent remuneration.

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

A decree shall determine the conditions for the application of this paragraph, in particular the criteria for assessing the disability or loss of autonomy of the person assisted.

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.