A couple of employees informed me that they were entering a course of medically assisted procreation (MAP) and that they were going to have to be absent during their working hours. Am I required to allow them to be absent? In such a case, how to deal with this absence?
Medically assisted procreation (AMP) – or medically assisted procreation (PMA) – can allow a couple to have a child. However, this is a journey that can be long and requires many appointments. This can therefore have consequences when one of your employees enters such a course.
When he enters an AMP course, can the employee be absent during his working time?
Yesyour employee benefits from a leave of absence, whether it is the woman who benefits from the AMP or her spouse (Labour Code, art. L. 1225-16).
You therefore do not have to authorize such absences.
Indeed :
- the employee benefiting from a PMA benefits from an authorization of absence for the necessary medical acts;
- the spouse (married, bound by a PACS, cohabiting) of a woman benefiting from an AMP can also be absent for 3 of the medical acts necessary for each protocol of the medical assistance course. This therefore means that if the course fails and the couple must enter into a new protocol, the employee can again be absent for 3 of these medical procedures.
You can absolutely ask the employee to provide you with medical proof.
Are these absences paid?
As for pregnant women, these absences must not lead to any reduction in the remuneration of the employee concerned. They are assimilated to actual working time to determine the duration of paid leave as well as for the legal or contractual rights acquired by the employee in respect of her seniority in your company.
To respond to a request for absence for medical examinations, Tissot Editions offers you a response model extracted from the documentation ” Commented models for personnel management ACTIV’ ».
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