France: Employee's right to donate part of their paid holiday and RTT entitlement to a colleague with a sick child

Following the law of 9 May 2014, an employee now has the right (subject to the agreement of his employer – but in practice it may be difficult, politically, for the employer to refuse) to donate part of their holiday and RTT entitlement to another employee of the company who has an child under 20 years old who is seriously ill (Labour Code art. L. 1225-65-1, al. 1).

The beneficiary of the donation must give to the employer a medical certificate confirming that their presence is necessary and the care needed is onerous.

What can be donated - only the fifth week of the holiday entitlement can be given – i.e. the donating employee must himself take at least 4 weeks holiday. The employee can however also donate "RTT" (additional rest days to which he is entitled – up to 10 per annum usually). The employee cannot donate any leave which is not already provisioned by the employer and due as an entitlement (i.e. parental or any other type of leave to which the employee may be potentially entitled etc.).