Can you be fired during parental leave?
Verified 08 April 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, an employee may be dismissed during or at the end of parental leave (full-time or part-time).
However, the dismissal must be justified by a ground unrelated to parental leave (for example, economic grounds or serious misconduct).
The employer must then follow the usual rules for dismissal: dismissal on personal grounds or economic redundancy.
An employee dismissed during parental leave shall retain his rights to social security benefits.
He receives his sickness, maternity, disability (and death benefits for the person entitled to it) until the end of its compensation by Pôle emploi.
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Telephone administrative information - Allo Public ServiceThe informants who answer you belong to the ministry responsible for labor.
Cost: free service
Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Labor Code: Articles L1231-1 to L1231-7Right to dismiss an employee (general principle)
- Social Security Code: Articles L311-1 to L311-11Entitlement to social security benefits