Caregiver leave, effective since January 1st, 2017, replaced family support leave. It allows eligible employees to suspend their employment contract to provide non-professional care for a disabled loved one or an elderly person with significant loss of autonomy. As employment law specialists, we'll cover who qualifies, duration, status during leave, and the application process.
Caregiver leave enables employees to temporarily pause professional activities to assist with daily living for a disabled person or someone with major autonomy loss. This support must be non-professional.
Employees may also take it part-time within their company, alternating work and leave periods. Notify your employer at least 48 hours in advance for any segment of at least one full day.
Employees with at least one year of seniority qualify. It applies to caring for a spouse/partner, parent, grandparent, great-grandparent, child, grandchild, great-grandchild, sibling, aunt, uncle, cousin, nephew, or niece with a disability or autonomy loss. It also covers close relations or elderly/disabled individuals receiving regular aid from you.
The person must reside stably in France and meet criteria: at least 80% permanent disability rate, or receive the Personalized Autonomy Allowance (APA) under AGGIR grid groups I, II, or III.
Maximum duration is set by company convention or agreement; otherwise, it's three months, renewable up to one year total over your career. Request renewal at least 15 days before the initial end date.
You may end leave early if the cared-for person passes away, enters a facility, uses home help, or you face major income loss. Submit a reasoned request one month ahead (two weeks if death), and return to your job or equivalent with unchanged pay.
Leave is unpaid unless company agreements provide otherwise, and you cannot take other paid work. Exception: employment by the cared-for person if they receive APA or Disability Compensation Benefit (PCH), and you're not their spouse, cohabitant, or PACS partner.
You retain seniority rights and pre-leave benefits. As a carer, qualify resource-free for Stay-at-Home Parent Old-Age Insurance (AVPF) to build retirement rights without contributions.
Since the February 2018 law, colleagues can donate rest days. With employer approval, use your time savings account for income during leave.
Submit your request at least one month before start (shorter for health emergencies or sudden facility discharge). Follow company convention timelines; otherwise, send by registered mail or email.
Specify start date and format (full-time or part-time). Include:
Employers cannot refuse if conditions are met; challenge refusals in industrial tribunals. They may deny part-time conversion or splitting.
