Fifteen-day leave, flat-rate allowance ... The Senate, dominated by the right-wing opposition, unanimously adopted on Tuesday 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 the 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.
Eight-day bereavement leave
It "not only guarantees new rights following the death of a child, but also improves support for bereaved families," said 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 eight additional days which can be divided, partly covered by social security. This leave is extended to the self-employed and public officials.
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 of age.
The Senate substituted in session the concept of "bereavement leave" for that of "respite leave" used in committee. “We take a break when we are tired. When you have just lost a child, you are bruised for life, ”said Catherine Di Folco (LR).
Maintaining entitlement to family benefits for a time
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 "himself a parent".
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.
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.
"An unparalleled tragedy"
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 aroused" by 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 said. The minister hailed "co-construction work" with the Senate, "far from controversy".
Martin Lévrier (LREM) expressed "his understanding of the excitement" aroused by the debates in the Assembly, while Stéphane Artano (RDSE with a radical majority) stressed that "humanity is a marker of the Senate".
Michelle Gréaume (Communist-majority CRCE) has criticized an “inglorious attitude” of the government and its majority. For Jocelyne Guidez (centrist), the subject "did not deserve the least controversy". Michelle Meunier (PS) praised "the step" made by the Senate.
"We must also focus on reducing the number of child deaths," said Catherine Deroche (LR).
6,500 children and young people under the age of 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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- Senate
- Child
- Society
- Parental bereavement leave
- Law