The health crisis by breaking the rhythms of work, by confronting people with illnesses and mandatory isolation has had consequences on exceptional permits. What’s up today ?
With the succession of leaves benefiting employees, companies are often subject to difficult human resource management. In fact, exceptional permits are provided for in the event of a major cause and benefit employees within their companies. What is the legislation regarding these special licenses and how to take care of them in the daily management of human resources?
An exceptional term that ends on September 30, 2021
Paid leave, CET, rest days, fixed-term contracts (CDD) and short-term contracts… Certain exceptional temporary provisions have been limited to September 30, 2021 to allow companies to adapt to the economic, financial and social consequences of the epidemic. The number of days of paid leave that employers can impose without prior notice is increased from 6 to 8. This is indicated by the law regarding the management of the exit from the health crisis published in official diary of 1Ahem June 2021.
Exceptional leaves allow employees to benefit from exceptional leaves for personal or professional reasons:
- vacation for family reasons ;
- vacation for Company creation ;
- vacation for training;
- vacation for personal convenience ;
- absences for civic and social activities.
What the Special License Law Says
Moving, the birth of a child, the death of a loved one, many events mark the lives of company employees. Apart from the cases of classic and traditional holidays such as RTT or summer holidays, exceptional holidays are strictly regulated by law. Included in the category of family leave, these are later defined by the legislator to regulate vacation periods in private sector companies. A wedding as a PACS entitles you to 4 days off. Unless otherwise provided in the inter-company contractual provisions, it is article L. 3142-1 of the Labor Code that governs all these provisions. A birth or adoption also entitles you to 3 working days of leave, and 11 calendar days in the case of paternity. The rule is that the employee gives the employer proof of him.
The birth certificate, the marriage certificate or the death certificate are elements that tend to justify the absence of the employee. The latter may then be absent during the period in which the event occurs without necessarily being absent on the same day. It is then the human resources that are competent to manage the conditions of this absence with the employee in question. A death that occurs gives the right to 2 days of leave when it comes to a spouse united by marriage or a pacs, while those of the father, mother, brother or sister open the right to a single day of leave. This duration is subject to discussion with a bill approved by the National Assembly and the Senate in first reading on April 1, 2015. The duration of the leave will then be extended to 10 days in the event of the death of a dependent child. 5 days for the death of a spouse, parent, or younger brother and sister.
Forecast and communication for the management of exceptional permits
Paid as if they were worked, these days off do not modify the worker’s remuneration conditions. Within the company, the employer must then show flexibility to accommodate these exceptional absences. Regardless of contractual provisions and collective agreements, if any, the employer and the worker must pay mutual attention. Apart from cases of death that obviously cannot be foreseen, apart from cases of long illness, exceptional leave for family reasons may, on the other hand, be subject to prior notification.
A period of one month seems reasonable for the employee to notify the company of his future absence. The birth, marriage or move can thus be easily planned so that the employer anticipates in advance the exceptional leave of his employee. Communication and respect for reciprocal obligations therefore seem essential to contribute to the proper functioning of the company. Compliance with the formalities, both in substance and in form, constitutes an effective bulwark against any subsequent dispute and allows them to be avoided as far as possible.