With the start of the school year, many parents are wondering if they are allowed to arrive later at the office for this special day for their children. And after? What are the rights of employed parents in the event of illness in children? Isabelle Vénuat, lawyer at Editions Tissot (publisher specializing in social law), answers the three most frequently asked questions.
Can I arrive late for work to accompany my child back to school?
According to Isabelle Vénuat, lawyer at Editions Tissot, the Labor Code does not provide for authorization of absence for the start of the school year. You must therefore refer to your collective agreement which may provide, subject to the employee’s seniority, the age of the children or their educational level, a certain number of hours in order to accompany your children for their first day of school. For example, the hairdressing collective agreement provides for an authorization of 3 paid hours of absence on the first day of school, to accompany children up to 13 years old. That of Advertising, allows parents to take half a day “at their request”. In the cleaning sector, the collective agreement provides for parents whose child is entering school for the first time, the benefit of a paid day off. If nothing is provided for in the collective agreement, it is necessary to check whether there is a company practice or a company agreement on the subject. No provision? In this case, the employer is free to grant or not hours of absence for this school year. What if the employer refuses? Unless it is a day package since the notion of delay is non-existent, the ultimate solution for the employee will then be to take a day of paid leave or RTT.
What are my rights when my child is sick, how many days can I have per child per year?
In the event of illness or accident of a child under 16 years of age, noted by medical certificate, the employee has the right to benefit from unpaid leave, regardless of his or her seniority, provided that he or she assumes responsibility for this child. The duration of this leave is a maximum of 3 days per year with the possibility of splitting it. It is increased to 5 days if:
- The child is less than 1 year old;
- The employee is responsible for at least 3 children under the age of 16.
Please note, however, that this duration of 3 days (or 5 days depending on the case) is a global duration for all the employee’s children and not for each child! The collective agreement may provide for more favorable provisions, in particular the maintenance of remuneration or longer periods of absence. Last clarification, this leave for sick children concerns mild cases of illness or accident requiring a short recovery. In the event of an accident, illness or serious disability of the child, the employee may benefit from parental leave and be absent for several months.
What are my rights if I wish to obtain flexible working time (4/5th for example) to take care of my children?
Until the child is 3 years old, an employee with one year of seniority in the company can request full-time parental educational leave (the employment contract is then suspended) or part-time, with a minimum of 16 hours of work per week. The one year seniority is assessed on the date of birth of the child or on the date of arrival at the adopted child’s home. This is a right that the employer cannot refuse if the employee meets the conditions. However, in the event of part-time parental educational leave, the employer has the power to impose the distribution of hours on the employee in order not to disrupt the functioning of the service or the company. So, for example, if the employer cannot refuse part-time parental leave, he is not required to accept absence on Wednesday if other people in the department are already taking that day. He may therefore impose another day of absence during the week. The employee’s refusal to comply with the new working hours chosen by the employer may constitute a real and serious cause for dismissal. At the end of part-time parental educational leave, the employee who wishes to continue at the same pace can request that their full-time contract be transformed into a part-time employment contract. But in this case, it is no longer a right. And the employer can refuse the request if he considers that part-time work is harmful to the smooth running of the company.