Leave for the death of a family member of a private sector employee

Verified 13 February 2026 - Public Service / (Prime Minister)

The employee can obtain days off in the event of the death of a member of his family: child, spouse, partner of Civil partnerships, cohabiting partner, parent. The length of leave varies depending on the relationship with the deceased. We present you the information to know.

Any employee may be granted leave in the event of the death of a member of his family, without seniority requirement.

FYI  

An apprentice is an employee of the company and can therefore obtain this leave. On the other hand, a trainee has no employment contract, he is not an employee of the company and therefore cannot obtain this leave.

Of treaty provisions may specify the number of days of absence to which the employee is entitled in the event of the death of a member of his family.

The applicable collective agreement is the one to which the main activity of the company falls.

A simulator is used to determine the number of days of leave for family events provided for in the collective agreement:

Know the number of family event leave provided for in the collective agreement

In the absence of provisions, the employee is entitled to a minimum number of days off.

The length of the leave varies depending on the relationship with the deceased:

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Death of a relative

Tableau - Minimum number of days off in the event of the death of a loved one

Status of the deceased

Length of leave

Spouse(s), partner of Civil partnerships or common-law partner

3 days or longer duration if provided for by collective agreement or company collective agreement

Father, mother, stepfather or stepmother

3 days or longer if provided for by collective agreement or company collective agreement

Brother or sister

3 days or longer if provided for by collective agreement or company collective agreement

Other family member

No day off.

However, the collective agreement or an agreement applicable in the company may provide for leave in the event of the death of other family members.

For example, 1 day in case of death of a grandparent, brother-in-law or sister-in-law.

FYI  

The days of absence are counted in working days (unless more favorable collective or treaty provisions apply).

Death of a child

In case of death of his child, the employee shall be entitled to 12 working days or of a longer duration if it is provided for by convention or company collective agreement.

But the employee is entitled to a leave of absence 14 working days in the event of the death of one of the following persons:

  • Child under 25 years of age
  • Child, regardless of age, if he was a parent himself
  • Person under 25 years of age at the effective and permanent load of the employee.

In the event of the death of child under 25 years of age, the employee is also entitled to a additional leave, said bereavement of a duration of 8 days (in addition to the 14 working days leave).

Bereavement leave also applies in the event of the death of a person under the age of 25 at the effective and permanent load of the employee.

Bereavement leave can be taken in a divided manner, that is, over several periods.

Leave can be taken on 2 periods maximum for the employee.

Leave can be taken on 3 periods at most for the jobseeker, the self-employed or the self-employed farmer.

Each period of leave must be at least 1 day.

The employee must take bereavement leave within 1 year of the child's death.

FYI  

The employer may not terminate the employment contract of an employee for 13 weeks after the death of his child under 25 years of age or of the person under 25 years of age whose effective and permanent load. However, the employer may terminate the contract if he or she has gross misconduct the employee or the impossibility of maintaining this contract for a foreigner reason to the death of the child.

The length of leave for the death of a family member cannot be deducted from the number of days of paid annual leave of the employee.

The Labor Code does not impose any time limit for taking leave for the death of a family member (with the exception of bereavement leave for children under the age of 25).

The employee must take the leave in the period when the event occurs, but not necessarily on the same day.

The employee informs his employer of his absence.

He must provide proof (death certificate) to his employer.

Leave days are paid normally, as if they had been worked.

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