In France, fathers have 28 days of paternity leave, including 7 days to be taken from the birth of the child. What are the conditions to benefit from it? Who is eligible and how do I apply? Amounts and allowances, mandatory or split days… We help you see things more clearly.
Since July 1, 2021, paternity leave has been extended, from 11 days to 25 days. To allow all employees to benefit from it, 4 days are compulsory combined with the three days of maternity leave (i.e. 7 days from birth and 28 days in total). The remaining 21 days of paternity leave can be split, and have no imposed date. In fact, they can be taken within 6 months of the birth of the child, in one go or in 2 periods at most. How long is paternity leave in France for a child, two babies, or twins? When to take paternity leave and how to benefit from it? We answer you.
How long is paternity leave?
- In the event of the birth of a child, the duration of the paternity leave is 28 days, with 7 days compulsory (3 days of birth leave + 4 mandatory days of paternity leave) to be taken as soon as the child is born. Thus, to the 3 days of childbirth leave financed by the employer are now added 25 days compensated by Social Security.
- Adoption leave for fathers is 16 weeks.
- It should be noted that in the event of immediate hospitalization of the child after birth or in the event of prematurity, specific leave may be granted.
Twins or triplets: how long for the dad?
In the event of multiple births, the duration of paternity leave is 32 days, “dividable into three periods of at least five days each”, and to be taken within 6 months of the birth of the children.
7 days compulsory at the birth of the child
Of these 28 days of paternity leave, 7 days are compulsory “immediately at the birth of the child” specifies the decree published in Official newspaper May 12, 2021. This paternity leave is thus made up of 3 days of birth leave and 4 days of paternity leave. Note that birth leave begins on the first working day following the birth of the baby.
Can the employer refuse the dates of my paternity leave at birth?
“During the month of paternity leave, your employer is prohibited from making you work for a minimum of 7 days. All employees can thus benefit from paternity leave, without worrying about their status.“says the government, which recalls that paternity and childcare leave is a right that cannot be refused.
“During the month of paternity leave, your employer is prohibited from making you work for a minimum of 7 days”.
How to take your 21-day paternity leave, split up?
The rest of the paternity leave, i.e. 21 days, can be taken all at once or split up “in two periods of a minimum duration of five days each”.
Until when can you take paternity leave?
The parent has up to the child’s 6th month to take paternity leave. “These periods can be taken immediately following the mandatory period or later. This device therefore allows the second parent to benefit from three distinct periods of leave”, explains the ministry. “The splitting of paternity leave offers a better balance between family life and professional life, in particular for self-employed“, specifies the Secretary of State in charge of children and families. The father can take over from the mother at the end of her maternity leave, for example when the mother returns to work.
Auto-entrepreneur, employee, who can benefit from paternity leave?
► If the mother of the child lives as a couple with an employee who is not the father of the child, this person can also benefit from paternity and adoption leave
► If you are self-employed, farmer or unemployed, you can also benefit from the extension of paternity leave. Indeed, this doubling of the duration of paternity leave applies to all professional situations: in the same way as employees and public officials, self-employed workers and non-salaried agricultural workers, benefit from the extension of paternity leave .
► No seniority condition is applied : this paternity leave is also open regardless of the type of employment contract (CDI, CDD or temporary contract).
What are the conditions for benefiting from paternity leave?
To receive compensation, you must:
- take your paternity leave within 6 months of the birth of the baby
- Have a social security number of at least 10 months at the start date of the leave
- Have worked at least 150 hours during the three months preceding the start of the leave (or have contributed on a salary at least equivalent to 11,439.05 euros during the last 6 months preceding the start of the leave)
- Cease all salaried activity, even if working for several employers
Sample letter requesting paternity leave
Here is an example of a standard letter to send to your employer to request paternity leave. Note that among the other steps, the father of the child must also send the CPAM a full copy of the baby’s birth certificate, or a copy of the up-to-date family record book.
What is the amount of paternity leave?
The amount of daily allowances is calculated on the basis of the basic daily salary. It is the last three gross salaries received before the date of interruption of work that are taken into account. In addition, the salary cannot exceed the monthly social security ceiling. It is fixed at 3,666 euros per month in 2023. Consequently, the amount of daily allowances amounts to 10.24 euros per day (minimum), and maximum 95.22 euros per day.
Paternity leave benefits for employees
The employee benefits from 3 days of birth leave by his employer, with maintenance of his salary. For the 25 days (32 in the case of multiple births), a daily allowance equal to the previous daily earned income taken into account within the limit of the Social Security ceiling, is paid by the CPAM or the MSA. This allowance is calculated on the wages of the 3 months (or 12 months in the event of seasonal or discontinuous activity) preceding the leave. Depending on the collective agreement, the employer can pay a supplement.
Paternity leave allowances for the self-employed and self-employed agricultural workers
Self-employed workers who welcome a newborn benefit from a allowance of 56 euros per day. The self-employed agricultural worker benefits from a replacement allowance to pay an employee during the leave.
Paternity leave allowances for public officials
For fathers who are civil servants, the remuneration is maintained in full during paternity leave. This is also the case for contract agents under public law for whom the reform removes the condition of seniority of 6 months to claim full maintenance of remuneration.
Paternity and employer leave: coverage, when to inform?
The employer continues to cover the three days of childbirth leave, while the remaining 25 days are compensated by Social Security. The employer must be informed by his employee of the estimated date of delivery “at least a month before this one”. If this deadline is respected, the employer cannot therefore oppose his request, which must preferably be made in writing, by registered letter with acknowledgment of receipt or a letter delivered by hand against receipt, in specifying the start and end dates of the leave he wants to take.
Finally, if the baby is born before term, the employee must inform his hierarchy “without delay” if he wishes to be absent for a few days from the birth. Finallywhen the employee wishes to take the leave in several instalmentsthe same notice period of one month must be applied for each splitting period.
Paternity leave: what are the steps at the birth of the child?
When the baby is born, don’t forget to request compensation for paternity leave from your health insurance fund by providing a full copy of the child’s birth certificate or a copy of the updated family record book. Your employer will also have to provide a salary certificate to the health insurance fund in order to calculate your compensation.