The start of the school year is a crucial time for families, especially for employees who want 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 balance professional life and parental responsibilities?
Authorization of absence for the school return 2025: what does social legislation provide?
Upon consulting labor law, it seems that no provision expressly grants leave or specific authorization of absence for the school return of children. Article L. 3142-1 of the Labor Code cites certain family events as justifiable grounds for absence (marriage, death, civil partnership), but does not mention the school return.
This legal absence prompts reliance on other frameworks to find solutions:
- Collective agreements: some include specific rules on authorizations of absence or adjustments to schedules on the occasion of the school return.
- Company agreements: the possibility of local agreements recognizing a right of absence or facilitating work organization on the day of the school return.
- Company usage: if a company consistently 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 grants employees with more than one year of seniority a paid day of absence to accompany their children under seven on the school return.
Solutions to manage absence for the school return within your company
In the absence of recognized collective provisions or established usage, the employer has certain leeway in managing requests for authorization of absence. Here are various practical options:
- Exceptional unpaid leave: with guaranteed pay, the employer can grant a full day or half-day dedicated to this purpose.
- Unauthorized absence: the employer may allow an employee to leave without pay.
- Time adjustments: changing the work arrival time with recovery of hours on other days.
- Use of paid leave or RTT: employees can request these days as per usual practices.
This naturally requires anticipation and clear communication between employees and employers to organize presence at the office without harming the activity.
| Absence method | Payment | Employer 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 unpaid for the school return |
| Schedule adjustments | Yes (provided compensated) | Agreement on temporary work schedule | Arrival at 10 a.m. instead of 8 a.m., recovering hours over the week |
| Paid leave/RTT | Yes | Follow the usual procedure | Request for a day of RTT for the school return |
How to anticipate your absence request for the school return with 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 methods and allow for a well-framed request.
- Submit your request early: ideally several weeks before the school return, even before the summer holidays.
- 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 such as seniority, number of children, or educational urgency.
An open dialogue facilitates the establishment of tailored solutions. For example, an employee with a child starting kindergarten may benefit from a priority on a paid absence.
Consequences of an unauthorized absence during the 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 recommended to obtain written authorization of absence before being absent.
| Violation | Possible consequences | How to avoid |
|---|---|---|
| Unjustified absence | Salary deduction | Inform the employer and obtain prior authorization |
| Repeated unjustified lateness | Warning or disciplinary sanction | Plan in advance and communicate clearly |
| Abandonment of position | Dismissal for real and serious cause | Follow the request and justification procedures |
Rights of working parents: other leave and provisions to know
In addition to the absence related to the school return, working parents may benefit from other rights related to children’s education and managing difficult situations:
- Leave for sick child: up to 3 days per year, rising to 5 days if the child is under one year old or if the employee has multiple dependent children.
- Parental presence leave: up to 310 days in case of serious illness or disability requiring sustained presence.
- Leave for family events: marriage, death of a child, etc., with varying durations depending on the situation and agreements.
These provisions illustrate the necessity for the employer to adapt absence management to support parental roles without compromising the performance of the company.
| Type of leave | Duration | Key conditions | Payment |
|---|---|---|---|
| Sick child leave | 3 to 5 days per year | Child under 16 years old dependent | Generally unpaid unless specific provisions |
| Parental presence leave | Max 310 working days | Serious illness or disability of the child | Unpaid, allocation possible from CAF |
| Leave for family events | Varies (1 to 14 days) | According to event (marriage, death, etc.) | Often paid |
Telecommuting, a flexible lever to reconcile work and school return?
The flexibility offered by teleworking is a tool appreciated by parents. In 2025, despite increased adoption due to recent developments, there is no automatic right to telework specifically related to the school return.
However, thanks to social dialogue, employers and employees can negotiate tailored arrangements, such as:
- Partial teleworking on the day of the school return to better manage schedules.
- Temporary adjustment of professional tasks.
- Flexible organization allowing parents to accompany their children without interruption of pay.
This compromise proves beneficial for all parties, fostering job satisfaction and parental presence.
Does the law provide a specific right to be absent at the school return?
No, the current social legislation does not provide for a 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 provided in the collective agreement or established practice. In the absence of a framework, the employer can accept or refuse based on the company’s needs.
What means can an employee use if they do not have authorization for absence?
They can request paid leave, a day of RTT, request an unpaid absence authorization, or ask for a schedule adjustment with the employer’s approval.
Are there other leaves related to children’s education?
Yes, including leave for sick children, parental presence leave, and leave for family events such as marriage or the death of a child.
Is teleworking guaranteed for parents during the school return?
No, there is no automatic right to teleworking for the school return, but it can be negotiated between employee and employer for more flexibility.