Adoption leave in the private sector
Verified 01 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)
An employee who adopts a child shall be entitled to a period of paid adoption leave of varying duration depending on the situation (number of children adopted, number of children already dependent...). It can be taken by one of the parents or shared between the two salaried parents.
Adoption leave is open to any employee who has been assigned a child:
- Either through the Child Welfare Service (Ase)
- Either by the French Adoption Agency (Afa)
- Either by a French body authorised for adoption
- Either by decision of the competent foreign authority, provided that the child has been authorised to enter France in that capacity
Please note
the employee may also be granted leave (unpaid) of up to 6 weeks if he or she travels abroad, in a Dom or Com for adoption.
From 1 July 2021
The legal duration of the adoption leave varies according to the number of children adopted, the number of children already dependent (before adoption) and the possible distribution of the leave between the parents:
Number of adopted children | Number of children already dependent | Time off (taken by only one parent) | Length of leave (split between the 2 employed parents) |
|---|---|---|---|
1 | 0 or 1 | 16 weeks | 16 weeks + 25 days |
2 or more | 18 weeks | 18 weeks + 25 days | |
2 or more | No matter the number | 22 weeks | 22 weeks + 32 days |
When the adoption leave is divided between the 2 parents, it may be split only in 2 maximum periods, the shortest of which is at least 25 days (or 32 days in case of multiple adoptions). These 2 periods can be followed or taken simultaneously.
Leave begins on the child's arrival at home. However, it can start earlier, up to 7 consecutive days before the child's arrival at home.
Before 1 July 2021
The legal duration of the adoption leave varies according to the number of children adopted, the number of children already dependent (before adoption) and the possible distribution of the leave between the parents:
Number of adopted children | Number of children already dependent | Time off (taken by only one parent) | Length of leave (split between the 2 employed parents) |
|---|---|---|---|
1 | 0 or 1 | 10 weeks | 10 weeks + 11 days |
2 or more | 18 weeks | 18 weeks + 11 days | |
2 or more | No matter the number | 22 weeks | 22 weeks + 18 days |
When the adoption leave is divided between the 2 parents, it may be split only in 2 maximum periods, the shortest of which is at least 11 days (or 18 days in case of multiple adoptions). These 2 periods can be followed or taken simultaneously.
Leave begins on the child's arrival at home. However, it can start earlier, up to 7 consecutive days before the child's arrival at home.
The employee must notify the employer by any device that keeps track of the information provided to the employer (e.g., e-mail with acknowledgement or reading).
The employee shall specify in his application the reason for his absence and the date on which he intends to terminate the suspension of his employment contract.
The employer cannot refuse the leave.
Except treaty provisions or contrary collective agreements, no time limit is imposed on the employee to notify the employer.
During the period of leave, the employment contract shall be suspended.
The employee benefits from protection against dismissal.
Terms
During adoption leave, an adoptive parent shall be entitled to a daily rest allowance if he/she has completed at least 10 months of registration as a social insured on the date of the child's arrival at home. More, it must comply with one of the following conditions:
- Have worked at least 150 hours in the 3 months preceding the child's arrival at home
- Contributed on a cumulative salary of at least €11,439.05 during the last 6 months preceding the date of arrival of the child at home
You must obtain the following documents based on the adoption:
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In France
- Attestation of the interrelationship of departmental services of adoption indicating the beginning of the adaptation period
- Or an investment certificate
Schengen Area
- Copy of your approval for adoption issued by the department of your place of residence
- Copy of foreign decision (decision to adopt or to place for adoption)
- Photocopy of child identification
- Agreement of a Procedural Authorisation (PCA) by the Mission for International Adoption (MAI). This document must precede the decision on adoption. You must prove the child's arrival in your home (certification of the department's services, boarding pass in the name of the child, presentation of the child, etc.).
In another country
- Copy of your approval for adoption issued by the department of your place of residence
- Copy of foreign decision (decision to adopt or to place for adoption)
- Photocopy of the child's passport or other official document showing the visa granted by the International Adoption Mission (MAI)
Amount
To calculate a monthly employee's YI, the basic daily wage must be determined, calculated by taking into account the last 3 salaries received before the date of interruption of work, divided by the coefficient 91.25.
The salary taken into account to calculate your basic daily gain is capped at the monthly social security ceiling in effect on the last day of the month preceding the shutdown (either €3,666 per month in 2020).
Social Security withdrew a flat rate of 21% from this basic daily wage.
The minimum YI for adoption is set at €9.77 per day.
The maximum amount shall be €95.22 per day.
Please note
the applicable contract of employment or collective agreement may provide for more favourable conditions of compensation than those of social security, up to and including the maintenance of full pay.
Payment
The daily allowance shall be payable, during the period of adoption leave, on condition that the beneficiary ceases all paid work during the period of compensation.
The allowance may be divided between the adoptive parents if both parents can collect the allowance. In this case, the compensation period is increased by 11 days (or 18 days in the case of multiple adoptions). It cannot be split into more than 2 parts, the shortest of which is at least 11 days.
At the end of the adoption leave, the employee returns to his previous job or a similar job with at least equivalent pay.
The employee shall receive the same increases as those granted during his absence to other employees in the same occupational category.
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- Labour Code: Articles L1225-37 to L1225-46-1General conditions for adoption leave
- Social Security Code: Articles L331-3 to L331-7Compensation by CPAM (general principles)
- Social Security Code: Article R313-4Compensation (conditions)
- Social Security Code: Articles R331-5 to R331-7Compensation (calculation of compensation)