This Tuesday, October 1, 2024, the CGT, the Solidaires union, as well as the FSU and youth organizations, are calling for a strike to demand an increase in salaries and repeal the new law on pension reform. The demonstration which takes place during school time impacts families who do not have childcare solutions.
Teachers will also take to the streets. They are also campaigning for the repeal of the pension reform and the civil service transformation law, but also for massive reinvestment in public services and salary increases, according to a press release from the CGT Education. As for the main union, the FSU, it is demanding additional resources. While some teachers will run the class, others have decided to strike. For parents impacted by the strike, the question of childcare arises.
In what case can a parent take leave for their child?
Me Michaël Amado, lawyer specializing in labor law and business law, explains to us that according to article L1225-61 of the Labor Code, “ the employee benefits from unpaid leave in the event of illness or accident, documented by medical certificate, of a child under the age of sixteen for whom he or she is responsible within the meaning of article L. 513-1 of the code of social security. The duration of this leave is a maximum of three days per year. It is increased to five days if the child is under the age of one year or if the employee is responsible for three or more children under the age of sixteen. »
The lawyer adds that « the labor code does not provide any provision allowing parents to be absent to look after their children who are not sick or injured, particularly in the event of a teachers’ strike. However, there may be conventions or collective agreements (national agreements, but rather company agreements) allowing such provisions. This is quite rare and employees must check on a case-by-case basis. ».
In the event of a strike or unforeseen absence of a teacher, the Ministry of National Education indicates that your child benefits from reception within their educational establishment according to the regulatory framework in force. If less than 25% of the school’s teachers declare their intention to strike, the State will provide care for your child. If the strike concerns 25% or more of the teachers, this reception service returns to your municipality. If the strike is well anticipated, you can take a traditional or unpaid day off. Otherwise, it is possible to ask a loved one to look after him or hire a babysitter for a day.
