Bill No. 1114 on the close carer ("proche aidant")

Government Bill No. 1114 on the close carer ("proche aidant") was received by the Parliament on 19 September 2025.

Purpose

Bill No. 1114, which addresses the "demographic context of an ageing population", creates a new legal status for "relatives of elderly people who are losing their independence and who help them with everyday tasks beyond the usual framework of family support". This is "not only to recognise and value their commitment, which is often underestimated, but also and above all to enable them to benefit from support measures in their dedication". (Explanatory Memorandum, p. 1)

Note:

• The status of close carer (subject of Bill No. 1114) is distinct from that (existing) of family carer ("aidant familial) who provides assistance to a person with disabilities under Law No. 1.410 of 2 December 2014 on the protection, autonomy and the promotion of the rights and freedoms of persons with disabilities (see Sovereign Order No. 5.353 of 8 June 2015 on the training of family carers and Ministerial Order No. 2015-383 of 8 June 2015 on the granting of family carer status). However, in substance, with regard to the measures applicable to informal carers, Bill No. 1114 incorporates those applicable to family carers under the aforementioned Law No. 1.410.)
• Another bill would introduce, in addition to these measures, a "relief mechanism involving the intervention of a professional in place of the close carer" or family carer, so that they can "take periods of respite", "improve their quality of life (...) in particular by reducing the risk of exhaustion and therefore the impact on their own health caused by their dedication". (Explanatory memorandum, p. 2)

Contents of Bill No. 1114 (before passing to the parliamentary committee)

¤ Granting of close carer status

→ Five cumulative conditions for eligibility for close carer status

1. the applicant must provide regular and frequent assistance to a person residing in the Principality;
2. the person receiving assistance must be the applicant's spouse, civil partner, cohabiting partner, ascendant, descendant or collateral relative up to and including the fourth degree;
3. the assistance provided by the applicant must exceed the usual scope of family support;
4. the person receiving assistance must be elderly and have a permanent loss of autonomy that justifies the assistance;
5. in addition to the assistance provided by the applicant, the person receiving assistance must receive regular and frequent assistance from a professional in accordance with the laws governing personal services.

→ Assignment by the director of health services ("directeur de l'action sanitaire") after consultation with a geriatrician of his/her choice.

→ Establishment by ministerial order of the terms and conditions of this assignment (documents to be attached to the application, duration of the assignment of status, which should not exceed one year but is renewable).

→ No accumulation of the statuses of close carer and family carer.

¤ Rights attached to the status of close carer

→ Specific leave for employed close carers:

• Entitlement subject to at least 2 years' service with the employer;
• Unpaid leave of 3 months' duration, renewable for the same period (without the total duration of leave exceeding one year);
• The request must be submitted to the employer at least 1 month before the start of the desired leave.
• During the leave period, the employment contract is suspended and the employee retains his/her seniority. This period is treated as actual working time for the purposes of determining the length of paid annual leave.
• Protection mechanism for the entire period between the request for leave and the expiry of a period of 4 weeks following that leave: prohibition on terminating the employment contract of the relative, unless such termination is based on serious misconduct unrelated to the leave or on the cessation or reduction of the company's activity; such dismissal must then be submitted for review by the recruitment and dismissal committee ("commission de débauchage et de licenciement") established by Article 8 of Law No. 629 of 17 July 1957 regulating the conditions of recruitment and dismissal in the Principality and may under no circumstances take effect during the leave; Failure by the employer to comply with this mechanism would result in the dismissal being declared null and void and the employer being obliged to pay the close carer the amount of salary he/she would have received during the period covered by the nullity.

→ Adjustment of working hours:

• This adjustment may be requested from the employer when it is necessary for the care of the person being assisted.
• The employer may only refuse this adjustment if it would disrupt the normal functioning of the business.

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