Recent developments in family-friendly rights

At a glance

• From 1 January 2024, women who have suffered from a miscarriage will have the right to enhanced workplace protections and time off work if this is required.
• Protections against dismissals will also be afforded to those in the event of a late miscarriage.
• From 19 July 2023 parents are afforded protection against dismissal, an extension of certain leave entitlements, as well as measures concerning teleworking and the funding of absences.

Recently there have been some significant developments in family-friendly rights in France. 

Enhanced workplace protections following a miscarriage 

From 1 January 2024, women who have suffered from a miscarriage will have the right to enhanced workplace protections and time off work if this is required.

In situations where sick leave is required due to a miscarriage, affected employees will be exempt from the standard three-day waiting period for receiving social security daily benefits which was defined by the French Social Security Code. If an individual is unable to work following a spontaneous termination of pregnancy before the 22nd week of gestation, social security daily benefits will be provided immediately.

Protections against dismissals will also be afforded to those in the event of a late miscarriage (between the 14th and 21st week of pregnancy). This has been effective since 9 July 2023.

Stronger protection for families of children with serious health problems

The 19 July 2023 law aimed to reinforce the rights of families suffering from a particularly serious illness, disability, or accident. It provides protection for parents against dismissal, an extension of certain leave entitlements, as well as measures concerning teleworking and the funding of absences. These changes have been in effect since 21 July 2023.

The key changes are set out below:

• Protection against breach of employment contract during parental leave.
  • The law grants salaried parents protection against termination of their employment contract, except for when gross or wilful misconduct occurs or where it is impossible to maintain the employment contract, during parental presence leave or, if the parental presence leave is split up or taken on a part-time basis, during periods worked.
• Teleworking made more available for employees caring for a child, parent or relative.
  • Employers can no longer refuse these employees access to teleworking without providing a justification, as is already the case for disabled workers and employees who are caregivers for an elderly person.
• The law extends the legal minimum duration of certain leaves of absence granted to employees in connection with their child's health. This concerns the following types of leave:
  • death of a child: duration is increased from five working days to 12 working days;
  • death of an employee's child under 25 years of age, of a person effectively and permanently dependent on the employee under 25 years of age or, regardless of age, of a child who is himself or herself a parent: the period is increased from seven working days to 14 working days;
  • announcement of the onset of a disability, a chronic pathology requiring therapeutic training, or cancer in the employee's child: leave is extended from two to five working days.