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Adoption leave in the private sector

Verified 15 September 2023 - Legal and Administrative Information Directorate (Prime Minister)

You are a private sector employee and you adopt one or more children? You are entitled to adoption leave. We'll outline the rules for this leave.

Adoption leave shall be open to any employee who has been entrusted with a child:

  • Either by the Child Welfare Service (Ase)
  • Either by the French Adoption Agency (Afa)
  • Either by a French body authorized for adoption
  • Or by decision of the competent foreign authority, provided that the child has been authorized to enter France on that basis

The legal duration of your adoption leave varies depending on the number of adopted children, the number of children already at your charge (before adoption) and the possible distribution of leave between parents:

Tableau - Duration of adoption leave

Number of adopted children

Number of children already dependent

Length of leave (taken by only one parent)

Length of leave (split between 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 how many

22 weeks

22 weeks + 32 days

The adoption leave can be divided between the two parents.

Blend can be split only into 2 periods maximum, of a minimum duration of at least 25 days each (or 32 days in the case of multiple adoptions). These 2 periods can follow each other or be taken simultaneously.

Please note

You can also take a holiday unpaid up to 6 weeks if you are going abroad, in a Dom or a Com to adopt a child.

Your adoption leave normally begins on the date the child arrives in your home.

However, it can start, depending on your choice:

  • Or 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

Adoption leave must be taken no later than 8 months according to the date of arrival of the child in your home.

You must notify your employer by letter RAR: titleContent or delivered against receipt or by any device that keeps track of the information made to your employer (e.g. email with acknowledgement of receipt or reading).

You tell your employer the reason for your absence and the date on which your adoption leave begins.

NoHowever, your employer cannot refuse to grant you adoption leave or ask you to extend the date on which the leave begins.

No, during your adoption leave, your employment contract is suspended.

During this suspension, you do not work and you do not receive any salary from your employer.

However, you have right to payment ofIJSS: titleContent under the following conditions:

Adoption leave effective August 23, 2023

During the adoption leave, any adoptive parent shall be entitled to daily rest allowances if he can prove that he has at least 6 months registration as a social insured on the date of arrival of the child at the home.

In addition, it must comply with one of the following conditions:

  • Have worked at least 150 hours in the three months preceding the child's date of arrival at home
  • Have contributed on the basis of a cumulative salary of at least €11,439.05 within the last 6 months before the child's arrival at the home

You must also obtain the following documents depending on the place of adoption:

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In France

  • Certificate of linking of departmental services of the adoption indicating the beginning of the adaptation period
  • Or investment certificate

Schengen area

  • Copy of your approval for adoption issued by the department of your residence
  • Copy of the foreign decision (adoption or placement decision for adoption)
  • Photocopy of a child's ID
  • Agreement of a Continuing Proceedings Authorization (APA) issued by the Intercountry Adoption Mission (MAI). This document must have a date prior to the adoption decision.
  • Justification of the child's arrival in your home (certificate of the department's services, boarding pass in the child's name, presentation of the child, in particular).

In another country

  • Copy of your approval for adoption issued by the department of your residence
  • Copy of the foreign decision (adoption or placement decision for adoption)
  • Photocopy of the child's passport or other official document containing the visa issued by the International Adoption Mission (MAI)

Adoption leave taken before August 20, 2023

During the adoption leave, any adoptive parent shall be entitled to daily rest allowances if he can prove that he has at least 10 months registration as a social insured on the date of arrival of the child at the home.

In addition, it must comply with one of the following conditions:

  • Have worked at least 150 hours in the three months preceding the child's date of arrival at home
  • Have contributed on the basis of a cumulative salary of at least €11,439.05 within the last 6 months before the child's arrival at the home

You must also obtain the following documents depending on the place of adoption:

Répondez aux questions successives et les réponses s’afficheront automatiquement

In France

  • Certificate of linking of departmental services of the adoption indicating the beginning of the adaptation period
  • Or investment certificate

Schengen area

  • Copy of your approval for adoption issued by the department of your residence
  • Copy of the foreign decision (adoption or placement decision for adoption)
  • Photocopy of a child's ID
  • Agreement of a Continuing Proceedings Authorization (APA) issued by the Intercountry Adoption Mission (MAI). This document must have a date prior to the adoption decision.
  • Justification of the child's arrival in your home (certificate of the department's services, boarding pass in the child's name, presentation of the child, in particular).

In another country

  • Copy of your approval for adoption issued by the department of your residence
  • Copy of the foreign decision (adoption or placement decision for adoption)
  • Photocopy of the child's passport or other official document containing the visa issued by the International Adoption Mission (MAI)

To calculate your IJSS: titleContentHowever, if you are a monthly employee, you must first determine your basic daily wage.

Your basic daily wage is calculated by first taking into account your total Last 3 salaries received before the date of interruption of work.

This amount is then divided by the coefficient 91,25.

The salary taken into account to calculate your basic daily earnings is capped at the amount of the monthly social security ceiling in force on the last day of the month preceding the work stoppage (either €3,666 per month in 2023).

Social security takes away from this basic daily wage a flat rate of 21%.

The minimum amount of the IJs for adoption is set at €10.24 per day.

The maximum amount is set at €95.22 per day.

Please note

the contract of employment or the collective agreement the applicable rules may provide for more favorable conditions of compensation than those of social security, up to and including full maintenance of the salary.

You're collecting IJSS: titleContent during your adoption leave at the condition cease all paid work during the period of compensation.

IJSS is paid every 14 days.

At the end of your adoption leave, you return to your previous or similar job with at least the same pay.

During your absence, you receive the same increases as those granted to other employees in the same occupational category.

During your adoption leave, you cannot be fired. 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 adoption leave.

Who can help me?

Find who can answer your questions in your region

  • For information on the employee-employer relationship; no response on compensation by the CPAM

    Telephone administrative information - Allo Public Service

    The 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

  • For information on compensation by CPAM

    Health insurance - 3646

    To obtain information about your rights and procedures, ask a question about your file, report a change of situation or consult your refunds.

    By telephone

    3646

    Open from Monday to Friday.

    Caution : schedules vary according to your department.

    As a general rule, opening hours are at least from 8:30 am to 5 pm.

    Free service + call price, from a fixed or mobile phone.

    From Mayotte, dial 02 69 61 91 91, Monday to Thursday from 7:30 am to 2:30 pm, Friday from 7:30 am to 12 pm.

    From the foreigner: +33 1 84 90 36 46 (toll free + call price).

    To facilitate the answers, remember to bring your Vitale card.

    By email and chat

    Log in to your Ameli account  : click on "My steps" and then "consult my exchange space".

    You can also use ameliBOT. This chatbot can help you send an email. He can put you in touch with your health insurance fund.

    Indeed, if at the end of 2 requests, ameliBOT does not provide you with a satisfactory answer, you can contact a health insurance advisor via the exchange area of the Ameli account.