How paternity leave work in France?
French law grants paternity and childcare leave to employees who are fathers, spouses, or partners of the mother. This leave follows specific regulations. How can it be requested? How long does it last? And what are your obligations as an employer? Here are the key points you need to know.
French law grants paternity and childcare leave to employees who are fathers, spouses, or partners of the mother. This leave follows specific regulations. How can it be requested? How long does it last? And what are your obligations as an employer? Here are the key points you need to know.
Who Is Eligible for Paternity Leave?
All employees, regardless of their type of employment contract (permanent, fixed-term, or temporary), are entitled to paternity and child care leave. Eligible individuals include:
• The child’s biological father
• The mother’s spouse, common-law partner, or any employee bound to her by a civil partnership (PACS).
Duration of paternity leave
Since July 1, 2021, the duration of paternity leave is:
• 25 calendar days for the birth of a single child.
• 32 calendar days for multiple births.
The leave is divided into two distinct periods:
• A mandatory period of 4 calendar days, which must be taken immediately after the birth leave (3 days).
• An additional period of 21 calendar days for a single birth or 28 days for multiple births. This period can be split (up to twice), with a minimum of 5 days per segment. It must be taken within six months of the child’s birth.
Birth leave vs. paternity leave
Birth leave is separate from paternity leave: it consists of 3 conscutive days taken immediately after the birth and cannot be postponed. However a collective company agreement may grant a longer birth leave period.
Deadline and conditions for taking paternity leave
Employees can take paternity leave within six months following the birth of the child, except in special circumstances (e.g., hospitalization of the child or the mother’s passing).
How should an employee submit a paternity Leave request?
The employee must inform the employer of their intended leave dates at least one month in advance. The request can be made either in writing or verbally. If the child is born earlier than expected, the employee must notify the employer as soon as possible.
Employers cannot refuse a paternity leave request as long as it is submitted within the required timeframe.
Suspension of the employment contract and compensation
During paternity leave, the employment contract is suspended, but the employee remains eligible for daily allowances from Social Security, calculated in the same way as maternity benefits. It is important to note that the employer is not required to maintain the employee’s salary during this period. However, Health Insurance will provide financial benefits if the eligibility conditions are met.
Additionally, an employee has the right to resign while on paternity leave.
Return to work after Paternity leave
Once the leave is over, the employer must reinstate the employee to their previous position or an equivalent role with at least the same salary.
All benefits acquired before the leave must be maintained.
It is also important to note that employees cannot be dismissed during their paternity leave, except in cases of gross misconduct.
Employer Responsabilities
- As an employer, you must:
- Provide a salary certificate at the start of the leave to allow the Health Insurance to calculate the employee’s daily allowances.
- Respect the one-month notice period and approve the leave accordingly.
- Ensure the employee’s reinstatement in their original position (or an equivalent one) after their leave.
By complying with these regulations, you help facilitate the smooth management of paternity leave while promoting a healthy work-life balance for your employees.
Source(s) : French Ministry of the Economy and Finance
https://www.economie.gouv.fr/entreprises/entreprises-conge-paternite-obligations