Small moment of floating in the National Assembly Wednesday morning. The Social Affairs Committee meeting is coming to an end and its members must vote on a bill concerning the extension of bereavement leave for parents who lose a child.
The text is brought by Guy Bricout, deputy UDI-Agir du Nord and rapporteur of the law. It is supported by heterogeneous parliamentary groups: the Republicans, the Socialists, La France insoumise…. Comprising a single article, it plans to increase the duration of this leave from 5 to 12 days for parents of a minor or dependent child.
"Who is for?" Asks the president of the commission Brigitte Bourguignon. Hands are raised, including that of Guy Bricout. "It is adopted," announces the president. Nothing abnormal so far. But a few moments later, Guy Bricout, realizing what has just happened, speaks. "I go back, but there is a problem. My proposal is completely canceled ”, is alarmed by the former mayor of Caudry (North).
"Everyone said we had done something stupid"
Because before being put to the vote, his proposal was modified by an amendment submitted by Michèle de Vaucouleurs, MP MoDem, then adopted. Under this new version, the article now stipulates that an employee may take days of RTT and days of paid leave after the mourning leave of five days without the employer being able to oppose it. No mention of a 12-day leave… Another amendment by Sereine Mauborgne (LREM) adopted aims to authorize the donation of RTT in the event of the death of a child. This donation is currently only possible for a parent whose child has a serious illness.
Two days later, the episode still remains across the throat of Guy Bricout. "I looked at the president, I didn't know what to say anymore. I think everyone said that we had done some bullshit, "says the elected official to the Parisian. Michèle de Vaucouleurs agrees, the situation was not very clear: "Some people could agree with my amendment but not necessarily against the deletion of Mr. Bricout's article," she explains. They would have liked to vote for each other and they found themselves not voting for one for the benefit of the other. "
Guy Bricout considers it "shocking" that the bereavement leave is less than the paternity leave of up to 11 days. It is also much longer in other European countries: in the United Kingdom, it is for example 15 days. In his report, the member explained that when bereaved parents need more time, they take paid leave or resort to sick leave, being penalized by three days of absence. This bereavement leave concerned several thousand employees per year.
Leave already extended in 2016
In what way would obliging the employer to grant RTT and days off to an employee who has lost his child would be a less relevant idea than his? “In general, the bosses already grant these leaves and these RTT. This is not a step forward, "he judges, also recalling that not everyone has RTT. “The employees of a baker, a butcher do not have one. The parliamentary collaborators either! "
But the proposal of the deputy UDI-Agir also has its limits, advance Michèle de Vaucouleurs. “If we remain on the purely practical aspect, the five-day period aims to complete the formalities related to a death. It is in no way intended to mourn a child, she explains. In certain situations, when you are unable to return to work, sick leave remains fully justified for me. It absolutely does not shock me. "
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The member for Yvelines also recalls that the duration of this leave had already been increased from three to five days in 2016. "Three days was indeed far too short," she believes. But it seemed premature to come back to it and impose this change of order on business. Despite these differences of opinion, Michèle de Vaucouleurs readily admits that her amendment is not perfect. She would have preferred "to go further in the discussion in committee" and to have more data on the current practices of parents who have lost a child.
As for Guy Bricout, he has not said his last word. He will table a reinstatement amendment for Monday. The objective: to return to the initial drafting of its bill before it is voted in the hemicycle next week. So that "everyone is put before their responsibilities", he will ask for a public ballot. For Michèle de Vaucouleurs, the discussion remains open anyway. “We will be able to debate all this again during the session. We are still only the beginning of the legislative process, ”she insists.