Can birth leave be combined with paternity and foster leave?
Verified 01 July 2021 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, birth leave and paternity and foster leave for the child may be taken in chains or separately, depending on the date of taking leave, before or after 1er July 2021.
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Birth from 1 July 2021 (or expected from that date)
Yeah. Yeah. The birth leave and the paternity and childcare leave may be chained or taken separately.
FYI
a mandatory period of paternity and childcare leave of 4 calendar days must be taken immediately following the birth leave three days. If the child is hospitalized immediately after birth, a specific leave may be granted.
For these two leaves to succeed, the employee must take into account the time required to inform his employer of his wish to take the paternity and childcare leave. This period shall be at least 1 month.
The employee may apply for paternity leave and childcare while the child is not yet born.
The paternity and childcare leave is added to the 3 days of birth leave.
It must be taken within 6 months after birth of the child.
Example :
An employee whose child is born on a Saturday is entitled to a 3-day birth leave. Birth leave is calculated as working days. The leave therefore starts on the 1ster it takes place from Monday to Wednesday, the working day after birth. The employee must also immediately take his or her 4 compulsory days of paternity and childcare leave. This paternity and childcare leave is counted as calendar days, or from Thursday to Sunday. The employee must therefore take cumulative leave from Monday to Sunday.
Born before July 1, 2021
Yeah. Yeah. The birth leave and the paternity and childcare leave may be chained or taken separately.
For these two leaves to succeed, the employee must take into account the time required to inform his employer of his wish to take the paternity and childcare leave. This period shall be at least 1 month.
The employee may apply for paternity leave and childcare while the child is not yet born.
The paternity and childcare leave is added to the 3 days of birth leave. It may start immediately after these 3 days or at some other time.
It must be taken within 4 months after birth of the child.
Please note
paternity and foster leave is not split (i.e. taken in installments), but you can choose to shorten the duration.
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Paternity and childcare leave