Work-life balance : Modification of article L. 233-16 of the Labour Code and introduction of new extraordinary leaves


The Chamber of Deputies finally proceeded to the first vote on 11 July 2023 for the bill 8016 followed by the bill 8017, both amending the Labor Code and the amended laws of 16 April 1979 and 24 December 1985 respectively setting the general status of State civil servants and of communal civil servants. The purpose of these bills is to transpose Directive (EU) 2019/1158 dated 20 June 2019 on work-life balance.

For the moment, both bills have been exempted from a second vote by the Chamber of Deputies. The publication date is not yet known but should be imminent. They will come into force 4 days after publication in the Journal Officiel.

Bill 8016 provides :

  • The introduction of 2 new extraordinary leaves for employees :
  • leave of 5 working days per year to provide personal care or assistance to a family member;
  • leave of 1 working day per year for “force majeure” reasons related to urgent family situations in the event of illness or accident.
  • Increased protection of the employees’ rights taking extraordinary leave, and sanctions in the event of refusal by the employer to accept such leave (fine of EUR 251 to EUR 2,500).
  • Government commitment to employers to co-finance 50% of the cost of the new extraordinary leaves.
  • Possibility of requesting access to more flexible forms of work after 6 months' seniority and in the case of children aged under 9.

Bill 8017 provides :

    • Extension of the right to 10 days of extraordinary leave in the event of the birth of a child to any person recognized as a second parent equivalent under applicable national legislation.
    • Self-employed workers are entitled to 10 days' leave in the event of the birth of a child or the fostering of a child under the age of 16 with a view to adoption, with a compensatory allowance payable by the State set at 100% covering 8 days of leave. The remaining 2 days of leave are at the self-employed worker's expenses.