3-day leave for the birth or arrival of a child for adoption in the private sector
Verified 27 September 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Can you take days off on the occasion of the birth of your child or the arrival of a child for adoption? We present you with the information you need to know about this leave (duration, conditions of use, remuneration during the period of leave, in particular).
Leave for the birth of your child
You have days off as an employee (in DTA: titleContent or CSD: titleContent, full-time or part-time) for each birth in your household.
You get birth leave without pay seniority requirement in your company.
You must work in France.
No condition of nationality or birth in France of the child is imposed.
Please note
The mother of the child is not entitled to it, because this birth leave does not overlap with the maternity leave.
The duration of the leave shall be 3 working days for each birth in the household.
The duration may be longer if it is provided by treaty provisions.
Please note
In the case of multiple births, the duration of the leave shall not be increased unless provided for in treaty provisions.
Yes, you must take obligatory birth leave.
So you can't work during the birth leave.
To prove your entitlement to birth leave, you must provide your employer with a copy of the birth certificate of your child.
No, your employer is obliged to grant you birth leave.
If your employer refuses, you can enter the labor council (CPH).
Reminder
For the duration of your birth leave, your employer cannot put you to work.
During your birth leave, your employer cannot fire you.
Nor can your employer fire you during the 10 weeks depending on the birth of your child.
However, your employer may terminate your contract in the event of serious misconduct or inability to maintain your contract for any reason other than your birth leave.
Your leave begins, according to your choiceeither on the day of your child's birth or on the first day ofer working day depending on the day of birth.
Please note
If the birth of the child occurs while you have taken paid leave or family events leave, the employment ban begins at the end of this period of leave.
Yes, you must take the paternity and childcare leave after your birth leave.
Please note
A period obligatory 4 days calendars of paternity leave and childcare leave must be taken immediately after birth leave.
Birth leave days are normally paid, as if they had been worked.
They are treated as actual working time for determining the length of the annual paid leave and taking into account your seniority in the company.
Leave for the arrival of a child for adoption
You have days off as an employee (in DTA: titleContent or CSD: titleContent, full-time or part-time) for the arrival in your home of a child placed for adoption.
You are entitled to birth leave without seniority requirement in your company.
You must work in France.
No condition of nationality or birth in France of the child is imposed.
The duration of the leave shall be 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.
Yes, you must take obligatory leave for the arrival of a child for adoption.
So you can't work while you're on leave for the arrival of a child for adoption.
To take the leave, you must give your employer a certificate from the body that entrusts the child to you.
The certificate must include the date of arrival of the child in your home.
No, your employer is obliged to grant you leave for the arrival of a child for adoption.
If your employer refuses, you can enter the labor council (CPH).
Reminder
For the duration of your leave for the arrival of a child for adoption, your employer cannot put you to work.
While you are on leave for the arrival of a child for adoption, your employer cannot fire you.
Nor can your employer fire you during the 10 weeks depending on the birth of your child.
However, your employer may terminate your contract in the event of serious misconduct or inability to maintain your contract for any reason other than your leave for the arrival of a child for adoption.
Your leave for the arrival of a child for adoption begins in principle on the date of the child's arrival in your home.
However, it may begin, according to your choice :
- Either 7 days prior to arrival the child in your home. Example: the child arrives in your home on Monday, September 11, 2023, your leave can start on Monday, September 4, 2023
- Let's say 1er day workable which follows the arrival of the child in your home. Example: the child arrives in your home on Monday, September 11, 2023, your leave can start the next day, Tuesday, September 12, 2023
Please note
Leave for the arrival of a child for adoption must be taken no later than 8 months according to the date of arrival of the child in your home.
Please note
If the arrival of the child for adoption occurs while you have taken paid leave or family events leave, the employment ban begins at the end of this period of leave.
Yes, you can take a adoption leave after your leave for the arrival of a child for adoption.
Birth leave days are normally paid, as if they had been worked.
They are treated as actual working time for determining the length of the annual paid leave and taking into account your seniority in the company.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
He does not respond questions relating to unemployment compensation and representations to France Labor (formerly Pôle emploi), the officials or contractual of the fpublic service, the amount or payment of contributions social, wage or management.
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The informants who answer you belong to the ministry responsible for labor.
Beneficiaries, remuneration, formalities (public policy provisions)
Adoption leave
Adoption leave (public policy)
Length of leave (scope of collective bargaining)
Length of leave (supplementary provisions)