Updated on
01/07/2025
Family leave
What is the purpose of family leave? – Family leave is meant for parents to care for their seriously ill child.
Who can take a family leave? - Every employee is entitled to leave for family reasons for each dependent child under the age of 18, provided that the child's condition requires the presence of one of the two parents in the event of serious illness, following an accident or for other health-related reasons.
How many days of leave does the family leave contain? – The length of leave for family reasons depends on the age of the child. Depending on the age group, the following daily quotas are provided for by law:
- 12 days per child for the age group between 0 and 4 years
- 18 days per child for the age group from 4 years and up to the day before the 13th birthday
- 5 days per child for the age group from the 13th birthday and up to the age of 18, but only if the child is hospitalised
Can both parents take their family leave at the same time? – No, the family leave can be taken only by one parent at a time.
Can family leave be extended? – Yes, family leave may be extended if a child suffers from an exceptionally serious illness or infirmity which will be judged by the Social Security Medical Board (Contrôle Médical de la Sécurité Sociale - CMSS).
Can I get fired during family leave? – An employer who has been informed of the employee’s absence on the first day of family leave is not entitled to give the employee ordinary notice of termination of the employment contract.
Any ordinary dismissal in spite of the protection against dismissal is considered unlawful and gives rise to a claim for damages.
The protection against dismissal does not apply if:
The protection against dismissal does not apply if:
- the employee has not informed his employer on the first day of his absence
- the medical certificate is not presented to the employer
- the notification on the 1st day or the presentation of the medical certificate takes place after the receipt of the letter of dismissal or the invitation to a preliminary meeting
- the employee is guilty of serious misconduct