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Parental leave for part-time education for a private sector employee
Verified 21 March 2023 - Directorate for Legal and Administrative Information (Prime Minister)
On the occasion of the birth or arrival at home of a child, the employee may apply for partial parental leave. The employee shall be entitled to such benefits under the conditions of seniority. The length of leave varies according to the number of children born or adopted at the same time.
What applies to you ?
General case
The leave is open to any employee with at least 1 year seniority in the company.
Please note
the duration of part-time work must be at least 16 hours per week.
The initial duration of parental leave is 1 year maximum.
It may be renewed under the following conditions:
Birth
The length of the leave and its end date vary according to the number of children born (one child or multiple births).
Number of children born simultaneously | Initial maximum leave duration | Renewal of leave | Leave end date (regardless of the leave start date) |
---|---|---|---|
1 | 1 year | Renewable 2 times | No later than the day of 3e child's birthday |
2 | 1 year | Renewable 2 times | No later than the date of entry into nursery school |
3 or more | 1 year | Renewable 5 times | No later than the day of 6e children's birthday |
Each renewal period may be longer or shorter than the previous renewal period.
In the event of the child's illness, serious accident or severe handicap, parental leave may be extended for a further maximum year.
A medical certificate must attest to the seriousness of the disease or accident. The certificate shall also certify that the condition of the child makes it necessary for a person to be present with the child for a specified period.
The severity of the disability is recognized when the family perceives it Education allowance for disabled children (AEEH).
Caution : the duration of payment of the PrePerE varies by number of dependent children and family status. It does not therefore necessarily coincide with the duration of parental leave (which may be longer).
Adoption
Adopted child(ren) under 3 years of age
Number of children adopted simultaneously | Initial maximum leave duration | Renewal of leave | Leave end date (regardless of the leave start date) |
---|---|---|---|
1 | 1 year | Renewable 2 times | No later than 3 years after the child arrives at home |
2 | 1 year | Renewable 2 times | No later than 3 years after the arrival of the children at the home |
3 or more | 1 year | Renewable 5 times | No later than the day of 6e children's birthday |
Each renewal period may be longer or shorter than the previous renewal period.
In the event of the child's illness, serious accident or severe handicap, parental leave may be extended for a further maximum year.
A medical certificate must attest to the seriousness of the disease or accident. The certificate shall also certify that the condition of the child makes it necessary for a person to be present with the child for a specified period.
The severity of the disability is recognized when the family perceives it Education allowance for disabled children (AEEH).
Caution : the duration of payment of the PrePerE varies by number of dependent children and family status. It does not therefore necessarily coincide with the duration of parental leave (which may be longer).
Adopted child(ren) over 3 and under 16
Number of children adopted simultaneously | Initial maximum leave duration | Renewal of leave | Leave end date (regardless of the leave start date) |
---|---|---|---|
1 or more | 1 year | No | No later than 1 year after the arrival of the child or children at the home |
In the event of the child's illness, serious accident or severe handicap, parental leave may be extended for a further maximum year.
A medical certificate must attest to the seriousness of the disease or accident. The certificate shall also certify that the condition of the child makes it necessary for a person to be present with the child for a specified period.
The severity of the disability is recognized when the family perceives it Education allowance for disabled children (AEEH).
Initial Request
The employee must inform his employer by registered letter with acknowledgement of receipt (LRAR) or by hand-delivered letter against discharge (receipt). The letter should indicate the starting date of the part-time period and its duration.
Initial application for parental leave in the private sector
If the period of part-time work begins immediately after maternity or adoption leave, the employee must inform the employer at least 1 month before the end of the leave (maternity or adoption).
In any other case, the employer must be informed at least 2 months before the beginning of the period of part-time employment.
If the employee wishes to take such leave, the employer may not refuse it. If the employer refuses, the employee may apply to the labor council (CPH).
Request for extension or amendment
If the employee wishes to extend his period of part-time work or take a full-time leave, he shall at least notify the employer 1 month before the original scheduled time.
In the case of an extension, the duration of the part-time shall remain the same (unless the employer agrees or treaty provisions which authorize it).
Consequences for the employment contract
The employment contract shall be amended by agreeable. In particular, it provides for the duration of work and the duration of part-time work.
Occupational activity during leave
It is not possible to perform any other employment during periods not worked, with the exception of the activity of maternal assistant.
Remuneration
The employee receives his salary in proportion to his working time, but he is not paid for the period not worked. Of treaty provisions more favorable conditions may, however, apply.
On the other hand, it can perceive the basic allowance the Early Childhood Care Benefit (ECEC) from the Caf: titleContent, subject to resource requirements.
In addition to this allowance, the employee may receive the Shared Child Education Benefit (PreParE).
Warning
the date of termination of the benefits paid by the Caf is not necessarily the same as the date of the end of the period of part-time employment.
Part-time work may be terminated early in the event of an agreement between the employee and the employer.
However, the prior agreement of the employer is not required in any of the following cases:
- Death of child
- Substantial decrease in household resources
He must then send a registered letter with acknowledgement of receipt (RRA) to the employer at least 1 month before the date on which he wishes to:
- Either resume full-time work
- Or, with the agreement of his employer, to change the length of part-time work
The employee must return to his previous or similar employment and pay at least equivalent.
After the leave, the employee must return to his previous or similar employment and pay at least equivalent.
Where an employee reduces his working time under parental leave, the duration of parental leave for part-time education shall be treated as a period of actual working time for the determination of seniority rights.
Employee of the individual employer
The leave is open to any employee who is subject to the national collective agreement of the individual employers and to home employment.
The employee must have at least 1 year seniority in the context of one or more jobs.
The initial duration of parental leave is 1 year maximum.
It may be renewed under the following conditions:
Birth
The length of the leave and its end date vary according to the number of children born (one child or multiple births).
Number of children born simultaneously | Initial maximum leave duration | Renewal of leave | Leave end date (regardless of the leave start date) |
---|---|---|---|
1 | 1 year | Renewable 2 times | No later than the day of 3e child's birthday |
2 | 1 year | Renewable 2 times | No later than the date of entry into nursery school |
3 or more | 1 year | Renewable 5 times | No later than the day of 6e children's birthday |
Each renewal period may be longer or shorter than the previous renewal period.
In the event of the child's illness, serious accident or severe handicap, parental leave may be extended for a further maximum year.
A medical certificate must attest to the seriousness of the disease or accident. The certificate shall also certify that the condition of the child makes it necessary for a person to be present with the child for a specified period.
The severity of the disability is recognized when the family perceives it Education allowance for disabled children (AEEH).
Caution : the duration of payment of the PrePerE varies by number of dependent children and family status. It does not therefore necessarily coincide with the duration of parental leave (which may be longer).
Adoption
Adopted child(ren) under 3 years of age
Number of children adopted simultaneously | Initial maximum leave duration | Renewal of leave | Leave end date (regardless of the leave start date) |
---|---|---|---|
1 | 1 year | Renewable 2 times | No later than 3 years after the child arrives at home |
2 | 1 year | Renewable 2 times | No later than 3 years after the arrival of the children at the home |
3 or more | 1 year | Renewable 5 times | No later than the day of 6e children's birthday |
Each renewal period may be longer or shorter than the previous renewal period.
In the event of the child's illness, serious accident or severe handicap, parental leave may be extended for a further maximum year.
A medical certificate must attest to the seriousness of the disease or accident. The certificate shall also certify that the condition of the child makes it necessary for a person to be present with the child for a specified period.
The severity of the disability is recognized when the family perceives it Education allowance for disabled children (AEEH).
Caution : the duration of payment of the PrePerE varies by number of dependent children and family status. It does not therefore necessarily coincide with the duration of parental leave (which may be longer).
Adopted child(ren) over 3 and under 16
Number of children adopted simultaneously | Initial maximum leave duration | Renewal of leave | Leave end date (regardless of the leave start date) |
---|---|---|---|
1 or more | 1 year | No | No later than 1 year after the arrival of the child or children at the home |
In the event of the child's illness, serious accident or severe handicap, parental leave may be extended for a further maximum year.
A medical certificate must attest to the seriousness of the disease or accident. The certificate shall also certify that the condition of the child makes it necessary for a person to be present with the child for a specified period.
The severity of the disability is recognized when the family perceives it Education allowance for disabled children (AEEH).
Initial Request
The employee must inform his employer by registered letter with acknowledgement of receipt (LRAR) or by hand-delivered letter against discharge (receipt). The letter should indicate the start date of the parental leave and its duration.
Initial application for parental leave in the private sector
If parental leave starts immediately after maternity or adoption leave, the employee must inform the employer at least 1 month before the end of this leave (maternity or adoption).
In any other case, the employer must be informed 2 months at least before the start of the leave.
If the employee wishes to take such leave, the employer may not refuse it. If the employer refuses, the employee may apply to the labor council (CPH).
Request for extension or amendment
If the employee intends to extend his leave or modify his part-time work, he shall at least notify the employer 1 month before the end of the initial leave.
The employer cannot oppose the employee's request. If the employer refuses, the employee may apply to the labor council (CPH).
Consequences for the employment contract
During parental leave, the contract is suspended.
Half of the length of leave is taken into account when calculating the employee's seniority.
The employee retains the benefit of all his acquired advantages.
Occupational activity during leave
It is not possible to perform any other employment during parental leave, with the exception of the activity of maternal assistant.
Remuneration
During the leave, the employee is not paid by his employer for the period not worked (except treaty provisions or collective).
On the other hand, it can perceive the basic allowance the Early Childhood Care Benefit (ECEC) from the Caf: titleContent, subject to resource requirements.
In addition to this allowance, the employee may receive the Shared Child Education Benefit (PreParE).
Skills assessment
During the leave, the employee may request to carry out a skills assessment unpaid.
The leave may be terminated early in the event of an agreement between the employee and the employer.
However, the prior agreement of the employer is not required in any of the following cases:
- Death of child
- Substantial decrease in household resources
The employee must then send a registered letter with acknowledgement of receipt (LRAR) to the employer at least 1 month before the date on which he wishes to resume his initial activity.
The employee shall return to his previous or similar employment with at least equivalent remuneration.
After the leave, the employee must return to his previous job or to a similar job with at least equivalent pay.
He's entitled to a professional interview.
Where an employee reduces his working time under parental leave, the duration of parental leave for part-time education shall be treated as a period of actual working time for the determination of seniority rights.
Who can help me?
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For more information on this topic, you can contact Allô Service Public.
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Beneficiaries, duration, demand, employee status, early termination and end of leave
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