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Marie Lanen
Head of parenting section (baby, pregnancy, family)
A new law promulgated on July 19, 2023 aims to “reinforce the protection of families of children suffering from an illness or disability or victims of a particularly serious accident”. Doctissimo enlightens you.
On July 19, a new law was enacted to better protect and support the parents of children with disabilities, seriously ill children and children who have suffered a serious accident. Five changes should be noted: protection against dismissal, extension of paid leave, guaranteed access to telework, advance of the daily parental presence allowance (AJPP) and protection of the right to housing.
Teleworking, AJPP allowance, dismissal protection… The law is changing
Like what is already being done for workers with disabilities and caregivers, parents of disabled/sick children or victims of a serious accident will be able to telework more easily. Indeed, the law provides that the employer cannot refuse this right to the employees in question without justifying his refusal.
On the other hand, the law also aims to accelerate the financial aid paid to the parents concerned. Two points are specified in the law:
- The family allowance funds (CAF) will be able to pay advances on the daily parental attendance allowance without waiting for the opinion of the medical control service of the primary health insurance funds (CPAM);
- The explicit agreement of the medical control service for the renewal of the AJPP is deleted.
Finally, during parental presence leave (split or part-time), employees can no longer be dismissed except in the event of proven serious misconduct.
Note: the text of the law prohibits landlords, on presentation of medical proof, from giving leave to a tenant receiving AJPP and having low incomes, in the absence of a rehousing solution.
Death of a child: extended paid leave
In this law, we also find the extension of paid leave in the event of the death of a child. So :
- The leave goes from 7 days to a minimum of 14 days for the death of a child under 25, or whatever his age if the deceased child was himself a parent, or in the event of the death of an elderly person under the age of 25 in his effective and permanent charge;
- The leave increases from 5 days to a minimum of 12 days if the child is over 25;
- The leave goes from 2 days to 5 days minimum for the announcement of the occurrence of cancer, a disability or a chronic pathology of the child.