A stubborn fact: the Labor Code does not systematically guarantee leave for the death of a grandparent. However, in the reality of companies, family solidarity sometimes comes into play where the law remains silent. Employees find themselves juggling between official texts, collective agreements, and internal practices to take a few days off in the face of the ordeal of mourning.
What the labor code provides in case of a grandparent’s death
The law does not take a stand on this point. No article establishes the right to absence for the loss of a grandparent. Unlike what exists for close relatives, nothing is explicitly stated in the Labor Code. However, it would be too quick to think that everything is locked down. Other tools regularly come into play: company agreements, collective conventions, or simply internal habits sometimes offer the possibility for everyone to take a breather in the face of the loss of an ancestor. In short, the possibility of obtaining leave after the death of a grandparent according to the labor code mainly depends on the framework set by each company or sector.
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The reality is a mosaic of practices. Some sectors explicitly provide for one to three days of leave; elsewhere, it is managed on a case-by-case basis, without written rules. Before taking any steps, there is always an essential step: reread the employment contract, examine the applicable collective agreement, or turn to human resources to clarify any doubts.
Several channels allow for this right to be opened, depending on the circumstances:
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- Collective agreement: many sectors mention a leave of 1 to 3 days.
- Company agreement: some agreements even enhance this right, potentially going beyond the collective agreement.
- Company practice: it also happens that some companies discreetly apply supportive practices, without formality, for the benefit of their employees facing a family ordeal.
In all cases, an official justification will always be required, generally the death certificate. Nothing is automatic: it is necessary to carefully examine the texts and practices that apply to one’s employment.
How many days of leave and what conditions to benefit from it?
It is impossible to rely on a duration predefined by law, as no threshold is set regarding the death of a grandparent. Depending on the sector or company agreement, the duration of absence may vary: sometimes one day, sometimes three, and in some cases exceptionally more. However, many collective agreements cover both permanent employees and apprentices and interns. Others even provide for full pay during the absence or specify whether the leave is taken in working days or business days.
Here are the different situations that exist depending on the position in the company:
- Employee: benefits from leave if the collective agreement or an agreement grants it.
- Apprentice or intern: some texts also grant them this right, so it is necessary to check the applicable regulations.
- Salary: very often, the absence does not generate a deduction, as the majority of collective agreements guarantee it.
To assert this right, the death certificate must be submitted to the employer along with the absence request. In principle, these days are neither deducted from paid leave nor reflected on the payslip (unless specific mentions are made in the agreements). Each case is handled locally, depending on the internal texts or practices in the sector. There is no single standard.
What steps to take to request bereavement leave?
Making a leave request in this context means juggling between emotion and formalities. The ideal is to inform the employer as soon as possible, whether orally, by email, or by letter, depending on what is customary in the company. The law does not set any rigid framework: each organization can formalize its own procedure.
The essential step: provide a death certificate or an official document. This justification prevents an absence from being considered unjustified or triggering a sanction. The document should be submitted as quickly as possible, and it is recommended to keep a copy for any potential disputes.
To keep track, here are the steps to follow:
- Quickly inform your employer following the death.
- Send (or hand over) the death certificate/official document requested by the company.
- Archive your request and the justification, just in case.
On the payslip, these absences are generally distinguished from the “paid leave” section, making them more visible when they exist. If, despite collective texts, the employer refuses to grant this leave, it is possible to consider recourse to the Labor Court. Finally, even in the absence of a strict legal framework, discussion and listening often weigh more heavily than one might think, and it is not uncommon to find a solution tailored to each unique situation.
The management of professional mourning never fits neatly into predefined boxes. Behind every regulation or local practice, there is the reality of teams facing loss. Finding the right resource, reaching out to the right person, is sometimes all that remains to navigate the turmoil: a few suspended days where solidarity prevails over the rigidity of the texts.