Global Compliance Desk – France

Increases in Paternity Leave and related Allowance

As of July 1, 2021, the duration of paternity leave is increasing from 11 to 25 days, which will include weekends as well. The 25 days will be exclusive of the 3 days of paid leave that an employee is currently entitled to for the birth of a child or the arrival of an adopted child. 

Duration of Paternity and Childcare leave

At present, for a child born before July 1, 2021, the duration of leave is 11 consecutive calendar days. The duration of paternity and child care leave varies depending on whether the birth concerns a child or more. The employee can therefore ask to take less than 11 days if he wishes. The leave has to be taken within 4 months since the birth of the child. Until June 30, 2021, the days of paternity leave must be taken consecutively.

If the birth concerns two or more children, the duration of the leave is fixed at 18 consecutive calendar days. This duration is exclusive of the 3 days of paid leave that can be taken immediately after the birth or taken separately. 

Amendment to Paternity Leave

For births occurring after July 1, 2021, or before this date but the end of which is scheduled after that date, the duration of paternity leave increases to 28 days or 32 days in the event of multiple births. These 28 days break down as follows:

  • 7 calendar days must be taken immediately upon the birth of the child (corresponding to 3 days of birth leave and 4 days of paternity leave).
  • 21 days can be taken in 2 periods of a minimum duration of five days each.

In the event of multiple births, the 32 days break down as follows:

  • 7 calendar days must be taken immediately upon the birth of the child (corresponding to 3 days of birth leave and 4 days of paternity leave).
  • 25 days can be taken in three periods of a minimum duration of five days each.

From July 1, the parent now has up to 6 months after the birth of the child to take paternity leave, compared to 4 days previously. The employee must inform the employer of the expected delivery date at least one month before it.

In the event of splitting the 21 days or 25 days of leave, the employee informs his employer of the starting dates and the length of the period or periods of leave at least 1 month before the start of each period.

Compensation during Paternity Leave
To be compensated, the beneficiary of the leave must respect the deadline of 6 months from July 1, 2021, following the birth of the child (except postponement of the deadline for hospitalization of the child or death of the mother). In addition, you must have worked at least 150 hours during the 3 months preceding the start of the leave (or have contributed on a salary at least equivalent to 10,403.75 euros during the last 6 months preceding the start of the leave).

Finally, the employee must cease all salaried activity, even if he works for several employers.

Shreya Bhattacharya
ABOUT THE AUTHOR
Shreya Bhattacharya
A labor and employment lawyer at Replicon who specializes in global compliance. Replicon provides award-winning products that make it easy to manage your workforce. Replicon is an industry leader in global compliance and has a dedicated team which pro-actively monitors international labor regulations for ensuring proper adherence with specific country rule requirements.
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