3-day leave for birth or adoption in the private sector
Verified 01 July 2021 - Directorate for Legal and Administrative Information (Prime Minister)
Birth
Every employee shall be entitled to days off for each birth occurring at his/her household. The number of days off is subject to conditions.
The employee shall be entitled to days off for each birth occurring at his/her household.
To justify his right to leave, the employee gives his employer the birth certificate.
The employee is obliged to take birth leave.
Birth leave shall be open to the employee, without any length of service requirement, for each birth occurring in his household.
The employee must work in France. No condition of nationality or birth in France of the child is imposed on the employee.
The mother of the child is not entitled to it, because this birth leave does not overlap with the maternity leave.
The employer is obliged to grant the employee birth leave.
If the employer refuses, the employee may apply to the labor council (CPH).
The duration of leave shall be 3 working days for each birth in the household. The duration may be longer if it is provided by treaty provisions.
In the case of multiple births, the duration of the leave shall not be increased unless provided for in treaty provisions.
The leave shall begin, at the choice of the employee, either on the day of the birth of the child or on 1erworking day next.
The leave may be accumulated with the paternity and childcare leave.
Days off are normally paid, as if they had been worked. They are treated as actual working time for the purpose of determining the duration of paid annual leave.
Adoption
All employees are entitled to days off for the arrival of a child placed with a view to adoption. The number of days off is subject to conditions.
The employee is entitled to days off for the arrival of a child placed for adoption.
To justify his right to leave, the employee provides his employer with a certificate from the body which entrusts him with the child, mentioning the date of arrival of the child in the family.
The employee is obliged to take adoption leave.
The leave is granted to the employee, without seniority condition, upon arrival at the home of a child placed for adoption.
The employer is obliged to grant the employee adoption leave.
If the employer refuses, the employee may apply to the labor council (CPH).
The duration of the leave is set at 3 days working days for the arrival at home of a child placed for adoption. The duration may be longer if it is provided by treaty provisions.
The leave shall begin, at the choice of the employee, either on the day of the arrival of the child or on 1erworking day next.
Leave for the arrival of a child placed for adoption may be cumulated with the adoption leave.
Days off are normally paid, as if they had been worked. They are treated as actual working time for the purpose of determining the duration of paid annual leave.
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- Telephone administrative information - Allo Public Service
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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:
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- Friday: 1 p.m. to 4:15 p.m
- Labor Code: Articles L3142-1 to L3142-3Beneficiaries, remuneration, formalities (public policy provisions)
- Labor Code: Article L3142-4Length of leave (scope of collective bargaining)
- Labor Code: Article L3142-5Length of leave (supplementary provisions)