Employment law · French law
Donated rest days in France: conditions and records
Donating rest days in France requires the donor’s request and employer agreement. It is anonymous, without compensation, and depends on the recipient’s statutory route. Check acquired days, protection of the first twenty-four jours ouvrables of annual leave and the required evidence. Sick-child, carer and bereavement routes have different conditions and must not be merged into one eligibility result.
Informational guide. An independent qualified legal review has not been completed.
What you leave withA file separating need, proposed days, statutory route and agreement.
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Can days that have not been acquired be donated?
No. The mechanism concerns acquired eligible days. Future leave credit should not be treated as rest already available for donation.
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Which private-sector rest-day donation routes differ?
French private-sector law distinguishes donated rest for a seriously ill child, a carer and the specified death situation. Their beneficiaries and evidence are not interchangeable.
Identify the route before counting days. A personal need and colleagues’ offers do not yet establish statutory conditions or employer agreement.
| Route | Starting point | Separate check |
|---|---|---|
| Seriously ill child | Dependent child under twenty and specified seriousness | Sustained presence and appropriate evidence |
| Carer | Person and relationship within statutory scope | Disability or loss of autonomy and the text’s conditions |
| Death | Child or dependent person under twenty-five in the specified case | Donation within the year after death under the specific framework |
References : Légifrance · article L1225-65-1 · Légifrance · article L1225-65-2 · Légifrance · article L3142-25-1 · Légifrance · article L3142-16
Who requests and who accepts a donation?
The donor requests the donation with employer agreement for another employee of the same undertaking. Donation is anonymous and without compensation.
Separate offered days, their eligibility and acceptance. This page creates no transfer right to someone employed by another company.
References : Légifrance · article L1225-65-1 · Légifrance · article L3142-25-1
Which acquired days may be offered?
Days must be acquired and within the applicable framework. Available rest days and paid annual leave do not all undergo identical checks.
Obtain a record identifying their origin. A software balance is insufficient if some days are unacquired or belong to a protected annual-leave portion.
References : Légifrance · article L1225-65-1 · Légifrance · article L3142-25-1 · Service Public · don de jours de repos
Why are the first twenty-four annual-leave days protected?
Only annual-leave days beyond twenty-four jours ouvrables can be donated under the mechanism. Urgency does not make the first twenty-four available.
That does not mean an entire fifth week is automatically donated: acquisition, request and employer agreement remain necessary.
References : Légifrance · article L1225-65-1 · Légifrance · article L3142-25-1 · Service Public · don de jours de repos
How do sick-child and carer conditions differ?
The sick-child route concerns, among its conditions, a dependent child under twenty with the required seriousness of illness, disability or accident. Required presence and care need the scheme’s evidence.
Carer donation refers to specified relationships and disability or loss-of-autonomy situations. Do not import a threshold or residence-duration requirement from a different benefit.
References : Légifrance · article L1225-65-1 · Légifrance · article L1225-65-2 · Légifrance · article L3142-25-1 · Légifrance · article L3142-16
With eight days needed and six proposed, what remains to organise?
In the fictional case, eight needed days compared with six offered days leaves two to organise. The subtraction does not turn an offer into an effective donation.
The beneficiary’s retained pay and rights follow the accepted donation’s legal framework. Stated need, absence timetable and usable days remain separate information.
Fictional example: an eight-day need is compared with six proposed, otherwise eligible days, subject to the necessary agreement. Two days remain to organise; proposed days are not yet accepted donations.
References : Légifrance · article L1225-65-1 · Légifrance · article L3142-25-1 · Service Public · don de jours de repos
Which evidence belongs in the appropriate file?
The file enables the employer to check the framework without circulating evidence to colleagues donating days. Match records to the chosen statutory route.
- Request and qualifying relationship.
- Required situation evidence sent to the appropriate recipient.
- Origin and acquisition of offered days.
- Agreement and chosen use arrangements.
References : Légifrance · article L1225-65-1 · Légifrance · article L1225-65-2 · Légifrance · article L3142-25-1 · Légifrance · article L3142-16
How can HR discussions avoid unnecessary sensitive information?
An initial HR request can identify the mechanism and ask what evidence and submission route apply. It need not disclose a diagnosis to the workforce.
Keep anonymity and absence of compensation visible in the process. Use appropriate contacts for sensitive personal issues and do not enter medical records in this page.
References : Légifrance · article L1225-65-1 · Légifrance · article L1225-65-2 · Légifrance · article L3142-25-1 · Légifrance · article L3142-16
What else should you check?
Can days that have not been acquired be donated?
No. The mechanism concerns acquired eligible days. Future leave credit should not be treated as rest already available for donation.
References : Légifrance · article L1225-65-1 · Légifrance · article L3142-25-1 · Service Public · don de jours de repos
Is the entire fifth week always available to give?
No. Only eligible days beyond the protected portion may be offered, with the required request and agreement. A week in a counter is not automatically transferable.
References : Légifrance · article L1225-65-1 · Légifrance · article L3142-25-1 · Service Public · don de jours de repos
Can days automatically be transferred between employers?
No. The framework shown concerns another employee of the same undertaking. A group or two employers does not automatically create that transfer right.
References : Légifrance · article L1225-65-1 · Légifrance · article L3142-25-1
Can the donor ask for payment in return?
No. Statutory donation is anonymous and without compensation. It should not become a sale of days to the beneficiary.
References : Légifrance · article L1225-65-1 · Légifrance · article L3142-25-1
Does receiving days itself create a carer-benefit entitlement?
No. Donation and a carer allowance are separate mechanisms. Pay retention under an accepted donation does not establish entitlement to another benefit.
References : Légifrance · article L1225-65-1 · Légifrance · article L3142-25-1 · Légifrance · article L3142-16
Which sources support this page?
Official texts remain in French. The explanations above describe French law. A source check records a reading date; it is not qualified legal review.
- Légifrance · article L1225-65-1Source checked : · Version from 2020-06-10
- Légifrance · article L1225-65-2Source checked : · Version from 2014-05-11
- Légifrance · article L3142-25-1Source checked : · Version from 2022-07-01
- Légifrance · article L3142-16Source checked : · Version from 2022-07-01
- Service Public · don de jours de reposSource checked :