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2019 – new law to promote the recognition of family caregivers

New family caregiver legislation 2019

New family caregiver legislation 2019

NEW LEGISLATION FOR FAMILY CAREGIVERS

Employees and social workers accompanying them will therefore be able to rely on a revised version of the legislation aimed at "fostering the recognition of caregivers".

The theme of family caregivers is increasingly present in the company. Social workers in the company have been seized for many years, as Anne Bozonnet in her interview "if I helped my caregivers".

Published in the Official Gazette of the French Republic (JORF n ° 0119) of May 23, 2019, law No. 2019-485 of May 22, 2019 was adopted by the National Assembly and the Senate.

This legislation originally proposed by Senator Union centrist (UC) Jocelyne Guidez aims to "promote the use of near-caregiver leave" and to "secure the social rights of the caregiver".

The labour code is thus modified:

1 ° after 2 ° of article L. 2241-1, it shall be inserted a 2 ° bis thus worded: ' 2 ° bis on measures intended to facilitate the conciliation between the working life and the personal life of close caregivers; '

2. after the reference: "L. 3142-16," the end of the first paragraph of article L. 3142-26 is worded as follows: "an agreement or a branch arrangement or, failing that, a Convention or collective agreement of undertakings shall determine:";

3. Article L. 6323-14 is amended as follows:
(a) after the word "technological", the words ", the employees referred to in article L. 6323-12" are inserted;
(b) a paragraph shall be added to read as follows:
' A decree in the Council of State lays down the conditions for the application of the first subparagraph of this article for civil and military public officials. '

A decree in the Council of State determines the conditions of application to civil public officials of article 53 of law No. 2018-727 of 10 August 2018 for a State in the service of a trust company.

The V of article L. 14-10-5 of the social action and family code is thus amended:
1. in the first subparagraph, after the reference: ' 4 ° ', the reference is inserted: ', 5 ° ';
2 ° to (a), the words "same 1 °, 2 °, 4 ° and 6 °" shall be replaced by the references: "1 °, 2 °, 4 °, 5 ° and 6 ° of article L. 233-1".

I.-Article L. 1111-15 of the public health code is amended as follows:
(1) at the end of the third paragraph, the words "and the person of confidence referred to in article L. 1111-6" shall be replaced by the words ", to the person of trust referred to in article L. 1111-6 of this code and to the person of trust referred to in article L." 311-5-1 of the code of social action and families ";

2. after the same third paragraph, two subparagraphs shall be inserted:
"The shared medical record also includes a component relating to persons who fill the case with the holder of the file with the quality of caregivers or relatives assisted, in that they assist the holder of the file or receive assistance from the holder of the file, at meaning of article L. 113-1-3 of the same code, either because of age, disability or illness.

' The information referred to in the fourth paragraph of this article shall be entered in the medical file shared by the holder or by the attending physician, referred to in article L. 162-5-3 of the social security code, of the holder at the request of the or a caregiver. When the designated persons have a shared medical record, this information is added to their shared medical records. They can be changed at any time at the request of one of them. »

II.-the I of this article shall enter into force six months after the publication of this Act.
This law shall be enforced as a law of the State.

Done at Paris, 22 may 2019.