Impact of new leave of absences on the end of employment relationships

7 Jul, 2022

During the past year, several new leave of absences have come into effect. Whether we are talking about paternity leave, taking care of a child or a loved one with health problems, or extending maternity leave, all of them have an impact on the employment relationship that is well worth knowing. Our partner CJE, Avocats, Conseillers d’Entreprises clarifies this point for you and reviews the leave of absences that can be a cause of protection against dismissal.

Employees benefit from new leave of absence which may have different implications for the termination of employment relationships:

  • Protection against dismissal;
  • Extension of notice period;
  • No impact.

We list below the different new leave of absences according to the impact they may or may not have on the end of the employment relationship.


I. I. Protection against dismissal

Congé pour prendre en charge un enfant gravement malade ou accidenté

Since 1 July 2021, parents who have to interrupt or reduce their gainful activity to take care of a seriously ill or injured child have the possibility of taking 14 weeks of leave.

After the probationary period and as long as the right to leave lasts, the parent who takes care of a child with a serious health impairment is protected against dismissal for a maximum period of 6 months from the first day of leave. Any dismissal notified by the employer during this period is therefore void and must be repeated.

Prolongation du congé de maternité

After the trial period, the employer cannot terminate the contract of an employee during the pregnancy as well as during the 16 weeks following childbirth. Since1 July 2021, in the event of hospitalisation of the newborn immediately after birth for a period of at least 2 weeks, maternity leave is extended by a period equal to the extension of the payment of the maternity allowance. However, this extension cannot exceed a maximum of 56 days.

In the event of hospitalisation of the newborn baby according to the above, the protection against dismissal enjoyed by the employee is extended by a period equivalent to the extension of the duration of the payment of the maternity allowance.


II. Extension of notice period

Congé de paternité

Since 1 January 2021, fathers who are gainfully employed are entitled to 2 weeks of paternity leave, which can be taken all at once or in the form of individual days, at the latest until the end of the framework period of 6 months after the birth of the child.

Paternity leave is not a cause of protection against dismissal. On the other hand, if the employer terminates the employment contract when the employee has not taken all of the paternity leave, the notice period is extended by the number of days of paternity leave not taken.

The question of knowing from which date to determine the number of days of leave that have not been taken (date of receipt of leave – start date of the leave period – end date of the work relationship) has not, to our knowledge, been decided.


III. No impact

Congé pour prise en charge de proches

The worker is entitled to paid leave of absence to care for a family member, provided that he/she is:

  • a parent in the direct ascending and descending line;
  • a sibling;
  • a registered partner;
  • a person who has been living with them for at least 5 years;
  • a child;
  • a parent in law.

The leave is limited to the time necessary for care. However, it must not exceed 3 days per case and 10 days per year in total. Leave for the care of relatives is not a cause for protection against dismissal and does not extend the notice period.


This content was written by the firm CJE, Avocats, Conseillers d’Entreprises.

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