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Created in 2014, the donation of vacation days between colleagues has been extended to caregivers of relatives with disabilities or the elderly and those losing their independence. So we too have decided to be generous and tell you all about these new features!
👋 The Mathys Law, what does it involve?
Created in May 2014 and incorporated into the French Labor Code, the Mathys Law was designed to allow time to be given to a colleague whose child is suffering from an illness, a disability, or the victim of a serious accident.
The law is strictly regulated and thus authorizes the donation of RTT days, paid leave, or recovery time between employees of the same establishment. To do this, the employee must anonymously give up all or part of their rest days, without any compensation, in order to offer them to a colleague.
While the employee can freely give up their rest days, they cannot, however, give up or “offer” all or part of their first four weeks of paid leave.
👩🏼⚕️ A law extended to family caregivers
The extension of the law was passed in 2018 and now includes family caregivers who can also benefit from the system provided that they provide assistance “on a regular and frequent basis”, as “non-professional”, to “a relative with a disability or an elderly relative with loss of autonomy”.
Although broadened, the conditions of this system remain very limited regarding the relationship between the caregiver and the person in charge: the beneficiary must be able to prove a degree of kinship up to the fourth degree or a “close and stable” relationship when no family relationship exists.
🧑💻 How to manage RTT and leave internally?
The employee wishing to benefit from this system must provide their employer with a medical certificate attesting to the need for sustained presence and restrictive care concerning the sick person.
The donation of vacation days is only made after agreement from the employer and human resources. A rearrangement of schedules and vacation counts are then made, most often using an online solution to simplify this management (UTM link to Skello planning).
Note that the employee benefiting from the donation keeps their pay during their absence: this is considered a period of actual work and therefore counted in the employee's seniority rights.
Some new developments to take into account in your human resources management, often ignored by employees, and which it is therefore also necessary to present internally.
