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Senate unanimously votes 15-day leave

15-day leave, flat-rate allowance … The Senate, dominated by the right-wing opposition, unanimously adopted on Tuesday March 3 at first reading a bill to support families after the death of a child, a text “considerably enriched compared to its initial version“, According to Minister of Labor Muriel Pénicaud.

The examination of the text in the Senate allowed to put things flat, after the quack of the presidential majority in the National Assembly. His return to the deputies is scheduled for April 7. It allows “not only to guarantee new rights following the death of a child, but also to improve support for bereaved families“, Underlined the rapporteur Élisabeth Doineau (centrist).

The Senate thus extended from five days to seven days the leave currently provided for by the labor code and created a “bereavement leave»Of an additional eight days which can be divided, partly covered by Social Security. This leave is extended to the self-employed and public officials.

»See also – Children’s bereavement leave: how far should the law go?

A measure of protection against dismissal

The age limit for the young deceased has been set at 25 years. The Senate adopted a government amendment opening this leave to parents, but also, to take into account in particular the cases of blended families, to people who “assume the effective and permanent charge»Of a young person under 25 years old.

The Senate replaced the notion of “bereavement leave” to the one of “respite leave“Retained in committee. “We take a break when we are tired. When we just lost a child, we are bruised for life“Said Catherine Di Folco (LR).

Against the advice of the committee and the government, the Senate adopted an amendment by LR senators extending leave for the death of a child over 25 years of age “parent himself” On the model of the provisions protecting mothers after maternity leave, a measure of protection against dismissal for employees was introduced for a period of thirteen weeks following the death of a child.

“Unparalleled tragedy”

Provision is also made for the maintenance of rights to family benefits (family allowances, family supplement, etc.) for a specified period after the death of a child, which could be three months, as well as the maintenance of the consideration of child under rights to active solidarity income (RSA). The text also creates a flat-rate allowance paid to families in the event of the death of a dependent child, the amount of which will be fixed by decree. Finally, it takes up the mechanism of donation of days of rest between employees, voted at the Assembly, and introduces an experiment in the psychological care of parents and siblings.

In the Assembly, the walking deputies had provoked a wave of indignation by rejecting, according to the Minister of Labor, the flagship measure of a bill proposed by the deputy Guy Bricout (UDI-Agir) which proposed the extension of the holiday mourning at 12 days. Emmanuel Macron then called on the government to “show humanity

In the Senate, Muriel Pénicaud recognized “the emotion arousedBy the fate of the bill in the Assembly. “The loss of a child is an unparalleled tragedy (…) We must build a system in which the pain of the loss of a child is fully recognized by society“, She underlined. The Minister welcomed “co-construction work“With the Senate,”far from controversy

6,500 children and young people under 25 died in France in 2017, including around 2,700 aged under one year and 2,400 aged 15 to 24, according to INSEE data.

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