The school return is a crucial time for families, especially for employees who wish to accompany their children on this important day. Often, this day coincides with a workday, raising legitimate questions about employees’ rights regarding absence. In 2025, what are the rules governing the authorization of absence for the school return, and how can one reconcile professional life and parental responsibilities?
Authorization of absence for the school return 2025: what does the social legislation stipulate?
Consulting labor law, it appears that no provision expressly grants a leave or a specific authorization of absence for the school return of children. Article L. 3142-1 of the Labor Code cites certain family events as justified absence reasons (marriage, death, PACS), but does not mention the school return.
This legal absence leads to relying on other frameworks to find solutions:
- Collective agreements: some include specific rules on authorizations of absence or adjustments of schedules on the occasion of the school return.
- Company agreements: possibility of local agreements recognizing a right to absence or facilitating the organization of work on the day of the school return.
- Company usage: if a company systematically grants these absences for several years, it may become a binding practice for the employer.
For example, in the assistance sector, the national collective agreement of April 13, 1994, offers employees with more than a year of seniority a paid day off to accompany their children under seven years old during the school return.
Solutions to manage absence for school return within your company
In the absence of recognized collective provisions or usage, the employer has some latitude to manage requests for authorization of absence. Here are different concrete options:
- Exceptional leave not deducted from paid leave: with guaranteed remuneration, the employer can grant a full day or half-day dedicated to this.
- Unauthorized absence: the employer may allow an employee to take unpaid leave.
- Adjustment of schedules: delaying arrival at work with recovery of hours on other days.
- Use of paid leave or RTT: employees can take these days in the usual manner.
This, of course, requires anticipation and clear communication between employees and employers to organize office presence without hindering activity.
| Absence modality | Remuneration | Employer’s obligation | Practical example |
|---|---|---|---|
| Paid exceptional leave | Yes | Grant the day of absence | An employee accompanies their child in CP in the morning without loss of salary |
| Unauthorized absence | No | Prior agreement required | A parent takes two hours without pay for the return |
| Schedule adjustment | Yes (provided that hours are compensated) | Agreement on temporary work schedule | Arrival at 10am instead of 8am, recovery during the week |
| Paid leave/RTT | Yes | Follow the usual procedure | Taking a day of RTT for the school return |
How to anticipate your absence request for school return to the employer?
Planning is essential to ensure a good balance between professional and personal life. Here are some practical tips:
- Consult your collective agreement: some specify the procedures and allow for a well-framed request.
- Submit your request early: ideally several weeks before the school return, or even before summer vacations.
- Explain your needs: the nature of the request (day, half-day, hours) and your possibilities for recovering hours.
- Anticipate priorities: if several employees wish to be absent, the employer may apply criteria of seniority, number of children, or urgency of the school situation.
An open dialogue facilitates the implementation of tailored solutions. For example, a female employee with a child entering kindergarten may benefit from priority for paid absence.
Consequences of unauthorized absence during school return
Any unjustified or unauthorized absence exposes the employee to various risks:
- Salary deduction corresponding to the hours not worked.
- Disciplinary procedures that may lead to dismissal in case of abandonment of position.
- Negative impact on the trust relationship between employer and employee.
It is therefore strongly advised to obtain a written authorization of absence before being absent.
| Default | Possible consequences | How to avoid |
|---|---|---|
| Unjustified absence | Salary deduction | Inform the employer and obtain prior authorization |
| Repeated unjustified lateness | Warning or disciplinary sanction | Plan ahead and communicate clearly |
| Abandonment of position | Dismissal for real and serious reason | Respect the request and justification procedures |
Rights of employed parents: other leaves and measures to know
Besides absence linked to the school return, employed parents may benefit from other rights related to the education of children and the management of difficult situations:
- Leave for sick child: up to 3 days per year, extending to 5 days if the child is under one year old or if the employee has multiple dependents.
- Parental presence leave: up to 310 days in case of serious illness or disability requiring sustained presence.
- Leave for family events: marriage, child’s death, etc. with variable durations depending on the situation and agreements.
These measures illustrate the necessity for the employer to adapt the management of absences in order to support the parental role without compromising the company’s performance.
| Type of leave | Duration | Key conditions | Remuneration |
|---|---|---|---|
| Sick child leave | 3 to 5 days per year | Child under 16 in care | Generally unpaid unless specific provisions |
| Parental presence leave | Max. 310 working days | Serious illness or disability of the child | Unpaid, allowance possible from CAF |
| Leave for family events | Varies (1 to 14 days) | Depending on the event (marriage, death, etc.) | Often paid |
Telework, a flexible lever to balance work and school return?
The flexibility offered by telework is a tool appreciated by parents. In 2025, despite increased adoption due to recent developments, there is no automatic right to telework specifically linked to the school return.
However, through social dialogue, employers and employees can negotiate adapted modalities, for example:
- Partial telework on the day of the return to better manage schedules.
- Temporary adjustment of professional tasks.
- Flexible organization allowing parents to accompany their children without interruption of remuneration.
This compromise proves beneficial for all parties, promoting job satisfaction and parental presence.
Does the law provide a specific right for absence during the school return?
No, the current social legislation does not provide for specific authorization of absence for the school return of children. Employees must rely on collective agreements or company agreements.
Can an employer refuse a request for absence for the school return?
Yes, unless otherwise specified in the collective agreement or established usage. In the absence of a framework, the employer may accept or refuse based on the needs of the company.
What options can an employee use if they do not have authorization for absence?
They can take paid leave, a RTT day, request an unpaid absence authorization, or seek a schedule adjustment with the employer’s agreement.
Are there other leaves related to children’s education?
Yes, including leave for sick child, parental presence leave, and leave for family events such as marriage or the death of a child.
Is telework guaranteed for parents during the school return?
No, there is no automatic right to telework for the school return, but it can be negotiated between the employee and employer for more flexibility.