Family caregivers and caregivers: what are their rights?
Long invisible, caregivers now have rights, notably that of respite, since the law on adaptation of society to aging (ASV) of 2015.
Being a family caregiver: what are the daily consequences?
We don't choose to be a caregiver, it falls on us. A social worker, Lydie discovered that her husband had Alzheimer’s disease in 2018. “ The exam results arrived by mail and we took it in our faces all alone, at homeshe remembers in the podcast Paroles d’aidants. This is the first time that we have seen written that it could be Alzheimer's disease. And there, we fell from a height. I was afraid that my husband would suddenly not recognize me and would no longer know how to eat. » Once the shock has passed, daily life becomes organized with the illness. “ In the morning, I tell him: you prepare this. And at 11 a.m., he calls me on the phone: what do I do? We have to rehearse a lot of things, what we're going to do tomorrow, what we're going to do at the end of the week. »
A caregiver is a person who provides non-professional assistance to a loved one who is losing their independence or has a disability. They can be a spouse, a PACS partner, a parent, an uncle, a cousin, a neighbor or a friend. This helps the loved one being cared for with ordinary actions and activities of daily life (meals, washing, shopping, etc.).
Of the 11 million caregivers in France, one in five helps a loved one at least 20 hours a week with the resulting consequences: stress, fatigue, mental, physical and emotional load… A situation which can lead to exhaustion or even burn-out if we are not careful.
How to obtain the status of family caregiver or close caregiver?
Although there is currently no legal status, the Code of Social Action and Families defines a caregiver as “ a person who helps, on a regular and frequent basis, in a non-professional capacity, to carry out all or part of the acts or activities of daily life of a person losing autonomy, due to age, illness or disability. »
No administrative steps need to be taken to be recognized as a family caregiver. If your loved one benefits from the personalized autonomy allowance (APA) or aid allocated by the Departmental House for Disabled People (MDPH), you can request an administrative certificate from the Departmental Council by sending a registered letter with acknowledgment of receipt in which you attest on your honor to being a caregiver for your loved one in the context of their pathology.
What are the rights of caregivers?
Although caregivers do not have a legal status strictly speaking, they nevertheless have rights since the law on adaptation of society to aging (ASV) of 2015. To obtain more information you can contact the local Care Centers. information and coordination (CLIC), local information points for elderly people and their caregivers.
Caregiver leave
Caregiver leave allows you to suspend your professional activity in order to support a disabled, loss of autonomy or elderly person. Its duration is three months, renewable within the limit of one year over the entire professional life.
I think we are the country in Europe that goes the furthest on the subject. The caregiver now has the possibility of benefiting from 365 days of leave over their entire career. Bénédicte Kail, co-host of the CIAA
And to add: “ However, it is subject to conditions: the person being cared for must be a disabled person or subject to a permanent loss of autonomy with a disability rate equal to or greater than 80% recognized by the Departmental House for Disabled Persons (MDPH) or a degree of dependency determined by the departmental council (GIR 1 to 3). »
Caregiver leave can easily be split by day or half-day in order to provide part-time work at the same time. To benefit from it, you must make a request to your employer at least one month before the planned date of departure on leave, except in an emergency situation: sudden cessation of accommodation in an establishment from which the person being assisted was benefiting (certified by the responsible for the establishment), sudden deterioration in the state of health of the person being helped…
Parental leave
Parental leave offers the helping employee the possibility of ceasing their professional activity in order to care for a child under the age of 20 who is seriously ill, disabled or injured. making a sustained presence and restrictive care essential », Indicates the service-public.fr website.
The right to respite
“ Relatives contribute considerably to supporting sick, disabled and dependent people in Francenotes the French association of caregivers. However, this support is not without impact for caregivers, particularly for their health. » Established by the ASV law of December 28, 2015, the right to respite allows caregivers to rest and take a breather. According to the texts, the caregiver of a person beneficiary of Personalized Autonomy Assistance (APA) can benefit from assistance of around €500 to call on respite arrangements for the person being cared for: day care , temporary accommodation in nursing homes, home help, etc.
Retirement rights
When the caregiver ceases their professional activity to care for a disabled or dependent relative, they can benefit, under certain conditions, from the old age insurance of a family caregiver. This affiliation allows him to validate quarters for his retirement during the entire period during which he takes care of his loved one without needing to pay contributions to his retirement fund.
Arrangement of working time
The helping employee can request an arrangement of their working time from their employer. According to the agreement of July 1, 2021, “ the helping employee, in agreement with their employer, may benefit from flexible working hours, both in terms of adapting time slots and organizing work. As such, access to teleworking will be favored and its implementation facilitated, as long as the helping employee, due to their activity, meets the eligibility conditions. » Finally, the transition to part-time, under the conditions defined by the company, will also be made easier.
Is a caregiver paid? What financial assistance is provided for caregivers?
As part of caregiver leave, it is possible to receive the Daily Caregiver Allowance (AJPA) of €64.54 per day. “ Through hard work, we recently obtained that this right to AJPA is rechargeable when a person helps several of their loved ones during their life.. For example, a child with a disability and an elderly parent losing their independence », specifies Bénédicte Kail. Thus, from January 1, 2025, caregivers will be able to benefit from 66 days of compensation from the AJPA for each person helped instead of 66 days in total, up to a limit of four people. “ The maximum number of daily allowances paid to a beneficiary cannot exceed 264 over the entire career. specifies the decree.
You can also benefit from the daily caregiver allowance (AJPA) if you are a job seeker.
Finally, if you are the parent of a child with a disability and you have had to reduce or stop your professional activity, you can receive as compensation the supplement to the Education Allowance for Disabled Children (AEEH ).
CAF: how to receive the daily caregiver allowance (AJPA)?
To receive the daily caregiver association, you must make a request to the Family Allowance Fund (CAF) or the Mutualité sociale agricole (MSA) (for those insured under the agricultural regime).