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Parenthood
The arrangements for adoption leave for private employees have been clarified
Publié le 19 septembre 2023 - Directorate for Legal and Administrative Information (Prime Minister)
A decree issued in Official Journal on 14 september 2023, it was reported that, in the private sector, adoption leave starts on the day the child arrives at home or on the first working day after arrival. It is specified that this leave may, however, begin earlier, within the limit of 7 days prior to the child's arrival.
The September 14 decree also states that adoption leave must end no later than 8 months after the child arrives in their new home.
This leave lasts for a maximum of 16 weeks. This period shall be increased to:
- 18 weeks where the household already had at least two dependent children before adoption;
- 22 weeks if more than one child is adopted.
Adoption leave may be taken in two installments, with the shorter of the two periods of leave being at least 25 days.
FYI
adoption leave shall be open to any employee who has been entrusted with a child
- by the Child Welfare Service (Ase);
- by the Agence Française de l'Adoption (Afa);
- by a French body authorized for adoption;
- by decision of the competent foreign authority, provided that the child has been authorized to enter France in that capacity.
The division of leave between parents
Both parents can divide the duration of the adoption leave between themselves, if they both meet the eligibility requirements. When a couple of employees adopts a child and shares the adoption leave, the duration of the adoption leave increases:
- 25 days for the adoption of a single child (i.e. 16 or 18 weeks + 25 days, to be shared);
- 32 days for the adoption of several children (22 weeks + 32 days, to be shared).
The decree issued on 14 September states that, here too, each parent may split his or her leave into two periods of at least 25 days. Alternatively, both parents can take their adoption leave at the same time.
FYI
in order to be granted adoption leave, an employee must notify his employer
- by registered letter with notice of receipt;
- by hand delivery letter against receipt;
- or any means of proving that the employer has been notified (e.g. an e-mail with acknowledgement of receipt or reading).
The employer may not refuse to grant adoption leave or ask the employee to postpone the start date of the leave indicated in his letter.
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