In France, paternity and welcoming leave is a right open to all employees, when their child is born. If the employee is another person and is in a relationship with the child’s mother, he or she is also entitled to this leave as well.
All employees are entitled to this leave, whatever their seniority or the nature of their contract (permanent, fixed-term, part-time, temporary, seasonal, etc.).
Since July 1st 2021, the duration of paternity leave has been extended to a total of 28 days, compared with 14 days previously. In the event of a multiple birth, leave is extended by an additional 7 days, bringing the total duration to 35 days.
These 28 days of leave are made up of two parts: the birth leave (3 working days), which is paid by the employer, and the paternity leave (25 calendar days), which is covered by the social security system.
1/ Duration of birth leave
The employer must allow the employee to take the birth leave. This leave is fixed at 3 working days (article L.3142-1 of the French Labor Code). Leave starts either on the day the child is born, or on the first working day following the birth.
Employers must provide birth leave for their employees, regardless of their seniority in the company.
This 3-day period is paid in full by the employer.
2/ Duration of paternity leave
The duration of paternity leave is 25 calendar days and will be covered by social security. The leave is divided into 2 distinct periods as follows :
- 1 compulsory period of 4 calendar days taken immediately after birth leave;
- 1 period of 21 calendar days. This second period can be taken at the end of the first period or, be split into a maximum of 2 periods, each of which must last at least 5 days.
3/ Compensation
During paternity leave, the father can benefit from daily allowances paid by the Social Security during his paternity and child-welcoming leave, as long as he complies with the required conditions (duration of Social Security coverage, hours worked, amount of contributions, etc.).
To be entitled to daily allowances during paternity leave, the employee must provide proof of 6 months’ registration as a Social Security contributor at the start date of your leave.
He/She must also prove:
- having worked at least 150 hours as a salaried employee or equivalent during the 3 calendar months or 90 days prior to the start of the leave, or having contributed on a salary at least equal to 1,015 times the amount of the Smic horaire during the 6 calendar months prior to the start of the leave;
- or, otherwise, in the case of seasonal or interrupted activity, to have worked at least 600 hours, or to have paid contributions on a salary at least equal to 2,030 times the amount of the Smic horaire during the year before the start of the leave.
These compensations are calculated by the Social Security authorities on the gross salaries (reduced by 21%) of the 3 months (or 12 months in the case of seasonal or interrupted activity) preceding the leave, taken into account within the limit of the monthly Social Security cap for the current year (i.e. €3,864.00 at January 1st 2024).
As of January 1st 2024, the maximum daily allowance paid during paternity and child-welcoming leave is €100.36 per day.
The employer can complete this compensation according to collective or company agreements.
4/ Steps to be taken by the employee
To claim paternity leave, the father must notify his employer at least one month before the scheduled starting date. This notification can be made by registered letter with recorded delivery or by hand-delivery against receipt. He must inform you of the expected date of childbirth and the start date of the leave period(s).
In the event of a premature birth, and where the employee wishes to start the leave period(s) in the month following the birth, he/she must inform his/her employer without delay.
Depending on his or her situation, your employee will send you the following supporting documents, the list of which is laid down by decree:
- If he is the child’s father:
- a full copy of the child’s birth certificate;
- or a copy of the updated family record book;
- or, if applicable, a copy of the child’s recognition certificate;
- or, in the event of the birth of a stillborn child, the copy of the stillbirth certificate and a medical certificate of delivery of a child born dead and viable.
- If he is not the child’s father but the mother’s husband, Pacs partner or cohabitee:
- a full copy of the child’s birth certificate;
- or, in the event of the birth of a stillborn child, a copy of the stillbirth certificate and a medical certificate of delivery for a child born dead and viable.
5/ Steps to be taken by the employer
As soon as your employee starts his paternity leave, you must provide the necessary information to the Social Security authorities to calculate compensation, called a “attestation de salaire” (Salary attestation).
If the employee decides to split the leave (i.e., the second period), you must issue a salary attestation for each period taken by your employee. You must send the dates of your employee’s leave to the relevant Social Security office, together with the salary certificate(s) and the birth certificate of your employee’s child.
6/ If the child is hospitalised at birth
Employed fathers are entitled to specific paternity leave if the child is hospitalised immediately after birth.
In this case, the employee is entitled to extended compensation paid by Social Security. The maximum duration of this leave is 30 calendar days, in addition to the period of paternity leave. The leave ends when the child is out of the hospital.
The employee benefiting from the specific leave must inform his employer without delay by sending a document proving the child’s hospitalisation. The employer cannot refuse the employee’s request.
The employee may notify his employer in writing by registered letter with recorded delivery or by hand-delivery against receipt. He must specify the start and end dates of the leave he wants to take.
To be entitled to compensation, the employee must also send the Social Security office to which he or she is affiliated a document proving that the child was hospitalised immediately after birth in a specialist care unit.
7/ Employee situation during paternity leave
Paternity leave suspends the employment contract.
The period of paternity leave is considered as a period of effective working time for the determination of seniority entitlements and also for the accrual of paid leave. During paternity leave, and for ten weeks following the birth of the child, the employee may not be dismissed except in the event of serious fault or where it is impossible to maintain the employment contract for a reason not related to the arrival of the child. However, employees may resign from their job during paternity leave.
At the end of your leave, he will return to his previous job position (or a similar job position with at least the same salary).
In conclusion, paternity leave is a valuable opportunity for employees to build stronger family bonds in the early days after the birth of their child. As an employer, supporting and encouraging this period of leave shows not only a commitment to the well-being of your employees, but also an acknowledgement of the importance of work-life balance. While this requires organisation and planning within the business to ensure business continuity, the long-term benefits, such as improved employee satisfaction and loyalty, are more than rewarding. By implementing an inclusive and supportive paternity leave policy, you can help to create a more cohesive and motivating working environment, which in turn will encourage employee loyalty and satisfaction.
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