- Introduction
According to labor law, the employer must give the employee a leave of up to 3 days to take care of a sick child (under 15 years old). By extension, this law also applies to close relatives who need care.
- Right to leave
The right to leave is evaluated based on the employee’s situation (single-parent family, childcare arrangements, etc.) and also based on the spouse’s situation: if the spouse is not employed, the employee will not be entitled to leave. In addition, the event must be sudden and unpredictable.
The leave has a maximum duration of 3 days per case (not per year) and must allow for finding an alternative childcare solution as quickly as possible.
When both parents work, the leave can also be divided between the two parents.
- Proof of leave
A medical certificate will be required, attesting to the illness and the incompatibility with the usual childcare arrangements (refusal to take the child to daycare or school, for example).
- Right to salary during leave
It is considered that this leave must be paid if the employment relationship has lasted for more than 3 months and was concluded for more than 3 months.
- Special case
- Hospitalization of a child: the child’s care is provided by the hospital, so the leave is not due;
- Child requiring regular care: appointments can be scheduled in advance, so the employee can plan accordingly, and the leave is not due.
- Conclusion
We recommend that employers include a clause in the employment contract regarding leave for a sick child. For example: “In case of emergency and necessity, the employee is authorized to be absent to take care of their sick child (up to 15 years old) and find a childcare solution as quickly as possible. These absences are paid but cannot exceed three days per case of illness. A medical certificate is required.”
