Paternity and childcare leave of a private sector employee

Verified 01 January 2025 - Directorate for Legal and Administrative Information (Prime Minister)

After the birth or care of the child, the employee is entitled to paternity leave and care for the child. The beneficiary employee may be the father of the child who is married or bound by a Civil partnership to the mother, partner or partner who living as a couple with the mother or, in the case of a couple of women and in the case of early joint recognition, the mother who has not given birth. The employee may receive daily allowances paid by the social security. We present you with the information you need to know.

The employee is entitled to paternity and childcare leave after the birth of the child. The employee must be in one of the following situations:

  • Father of child married or bound by Civil partnerships: titleContent with the mother
  • Spouse or common-law partner who living as a couple with the mother
  • In case of early joint recognition, mother who has not given birth for a couple of women (married, past or common-law).

Warning  

Specific provisions shall apply for the adoption leave.

Leave is granted to the employee unconditional seniority.

The employee is also entitled to leave irrespective of the type of employment contract (DTA: titleContent, CSD: titleContent, temporary contract, trainee in vocational training, apprentice, job seeker).

The length of the leave varies according to the birth or reception of a child or several children.

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Birth or childcare

Paternity and childcare leave is obligatory preceded by birth leave of a duration of 3 days working days.

The duration of paternity and childcare leave is 25 calendar days.

Paternity and childcare leave includes 2 separate periods in addition to the compulsory birth leave.

Mandatory period of 4 calendar days

The employee is obliged to take his birth leave from 3 days working days.

Immediately after the birth leave, he must take the 1re period of 4 days calendars paternity and childcare leave.

Example :

The child is born or received on a Sunday. The employee takes his compulsory 3-day birth leave.

Birth leave is calculated as working days. The leave therefore starts on the 1ster the working day following the birth or reception of the child, it takes place from Monday to Wednesday.

The employee immediately takes the 4 compulsory days of paternity and childcare leave following the birth leave. This paternity and childcare leave is counted as calendar days, or from Thursday to Sunday.

The employee must therefore take compulsory cumulative leave (birth leave and 1re period of paternity and childcare leave) from Monday to Sunday.

Optional period of 21 calendar days

The employee can take the 2of period of paternity and foster leave: this period is optional.

The secondof period can be taken immediately after 1re period or not, according to the employee's wishes.

The duration of the 2of period of paternity and childcare leave is 21 calendar days.

These days can be taken as 1 only once or in a fractional.

If these days are taken in divided doses, they should be taken in 2 periods of not more than 5 days.

Example :

The child is born or is welcomed on Monday 13 January 2025, the employee can take his leave as follows:

  • Compulsory birth leave for 3 working days from Monday 13 to Wednesday 15 January 2025 inclusive
  • Compulsory period of paternity leave and foster care for the child of 4 calendar days from Thursday 16 to Sunday 19 January 2025 inclusive
  • Split period of paternity leave and foster care for the child of 5 calendar days from monday 27 to friday 31 january 2025 inclusive then from 16 calendar days Monday, February 10 to 25, 2025 inclusive.

Birth or fostering of several children

Paternity and childcare leave is obligatory preceded by birth leave of a duration of 3 days working days.

The duration of paternity and childcare leave is 32 calendar days.

Paternity and childcare leave includes 2 separate periods in addition to the compulsory birth leave.

Mandatory period of 4 calendar days

The employee is obliged to take his birth leave from 3 days working days.

Immediately after the birth leave, he must take the 1re period of 4 days calendars paternity and childcare leave.

Example :

Children are born or welcomed on a Sunday. The employee takes his compulsory 3-day birth leave.

Birth leave is calculated as working days. The leave therefore starts on the 1ster the working day following the birth or reception of the child, it takes place from Monday to Wednesday.

The employee immediately takes the 4 compulsory days of paternity and childcare leave following the birth leave. This paternity and childcare leave is counted as calendar days, or from Thursday to Sunday.

The employee must therefore take compulsory cumulative leave (birth leave and 1re period of paternity and childcare leave) from Monday to Sunday.

1 optional period of 28 calendar days

The employee can take the 2e The period of paternity and foster leave is optional.

The seconde period can be taken immediately after 1era period or not, according to the employee's wishes.

The duration of the 2e period of paternity and childcare leave is 28 calendar days.

These days can be taken as 1 only once or in a fractional.

If these days are taken in divided doses, they should be taken in 2 periods of not more than 5 days.

Example :

The children are born or are welcomed on Monday, January 13, 2025, the employee can take his leave as follows:

  • Compulsory birth leave for 3 working days from Monday 13 to Wednesday 15 January 2025 inclusive
  • Compulsory period of paternity leave and foster care for the child of 4 calendar days from Thursday 16 to Sunday 19 January 2025 inclusive
  • Split period of paternity leave and foster care for the child of 5 calendar days from monday 27 to friday 31st january 2025 inclusive then from 23 calendar days from Monday 10 to Tuesday 4 March 2025 inclusive.

Leave must be taken within 6 months depending on the birth or reception of the child.

It may be postponed in the event of the death of the mother.

General case

Following his compulsory birth leave of 3 working days and his compulsory paternity and reception leave of 4 calendar days, the employee must take the second period of his paternity and reception leave within a period of 6 months after the birth or reception of the child (in particular to be entitled to compensation by the CPAM: titleContent).

Death of mother

The conditions are different if the employee is the biological father or not of the child.

The employee is the biological father of the child

The employee may be granted postnatal maternity leave.

The employee may postpone the 6 months to take the second period of her paternity and childcare leave on the date of the end of her postnatal maternity leave.

The employee lives in a relationship with the mother

If the employee is not the father but living as a couple together with the mother, he can benefit from postnatal maternity leave on condition than the father biological of the child does not benefit from it.

The employee may postpone the 6 months to take the second period of her paternity and childcare leave on the date of the end of her postnatal maternity leave.

To the employer

The employee shall inform his employer of the estimated date of confinement or reception of the child at least 1 month before the event.

The employee must notify his employer at least 1 month prior to the start date of the leave and the duration of the leave.

If the employee meets this deadline, the employer cannot refuse to take the leave.

If the employer refuses, the employee may apply to the labor council (CPH).

The employer may be ordered to pay the employee a fine of €7,500.

FYI  

If the child is born or taken in before the scheduled date, the employee may take leave during the month following the event. However, the employee must inform his employer.

The employee shall notify the employer in writing or orally.

It is preferable, for reasons of evidence in the event of a dispute, to send the employer a registered letter with acknowledgement of receipt (LRAR) or a hand-delivered letter against dump.

The employee can apply via the online form template:

Applying for paternity and childcare leave

To the CPAM

The employee makes his or her inquiries to his or her CPAM: titleContent as follows:

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The employee is the biological father of the child

General case

The employee sends CPAM one of the following documents:

  • A full copy of the child's birth or acceptance certificate
  • Or the updated family record book.
Death of child

A copy of the child’s act of recognition (if the child is stillborn) should be sent to the CPAM.

The employee lives in a relationship with the mother

General case

The employee sends CPAM one of the following documents:

  • A full copy of the child's birth or acceptance certificate
  • Or the updated family record book.

The employee also sends the CPAM a document specifying the link with the mother of the child:

  • Let's take the marriage certificate
  • Or a copy of his Civil partnerships: titleContent
  • Either the certificate of common life or cohabitation of less than one year
  • Or a certificate on the honor of marital life co-signed by the mother of the child.
Death of child

A copy of the child’s act of recognition (if the child is stillborn) should be sent to the CPAM.

To the MSA

The employee makes his or her representations to the MSA: titleContent as follows:

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The employee is the biological father of the child

General case

The employee shall submit the request to the MSA one of the following documents:

  • A full copy of the child's birth or acceptance certificate
  • Or the updated family record book.
Death of child

A copy of the child’s acknowledgement (if the child is stillborn) should be sent to the AMM.

The employee lives in a relationship with the mother

General case

The employee shall send the MSA one of the following documents:

  • A full copy of the child's birth or acceptance certificate
  • Or the updated family record book.

The employee shall also address to the MSA:

  • Let's take the marriage certificate
  • Or a copy of his Civil partnerships: titleContent
  • Either the certificate of common life or cohabitation of less than one year
  • Or a certificate on the honor of marital life co-signed by the mother of the child.
Death of child

A copy of the child’s acknowledgement (if the child is stillborn) should be sent to the AMM.

Conditions

The conditions for compensation vary according to the nature of the employee's activity.

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General case

Since August 20, 2023

In order to be compensated, the employee must meet all of the following conditions:

  • Take paternity and childcare leave within 6 months of birth or childcare (unless the deadline for cause of hospitalization of the child or death of the mother)
  • Have had a social security number for at least 6 months on the date of commencement of the leave
  • Have worked at least 150 hours in the three months preceding the start of the leave (or have contributed to a salary at least equivalent to €11,824.75 within the last 6 months before the start of the leave)
  • Cease all employment, even in the case of work for several employers (in the case of a request for leave from one employer and continuation of the activity from the other, the CPAM: titleContent may claim reimbursement of the amount paid).

FYI  

The job seeker registered at France Travail (formerly Pôle emploi) remains registered at France Travail during his paternity and childcare leave. Payment of unemployment benefits is interrupted during the leave if the jobseeker is in receipt of daily social security benefits.

The jobseeker must declare to France Travail the number and dates of the days taken as paternity and childcare leave. If the jobseeker does not do so, he or she may have to reimburse France Travail for overpayments and be subject to penalties.

Before August 20, 2023

In order to be compensated, the employee must meet all of the following conditions:

  • Take paternity and childcare leave within 6 months of birth or childcare (unless the deadline for cause of hospitalization of the child or death of the mother)
  • Have had a social security number for at least 10 months on the date of commencement of the leave
  • Have worked at least 150 hours in the three months preceding the start of the leave (or have contributed to a salary at least equivalent to €11,824.75 within the last 6 months before the start of the leave)
  • Cease all employment, even in the case of work for several employers (in the case of a request for leave from one employer and continuation of the activity from the other, the CPAM: titleContent may claim reimbursement of the amount paid).

FYI  

The job seeker registered at France Travail (formerly Pôle emploi) remains registered at France Travail during his paternity and childcare leave. Payment of unemployment benefits is interrupted during the leave if the jobseeker is in receipt of daily social security benefits.

The jobseeker must declare to France Travail the number and dates of the days taken as paternity and childcare leave. If the jobseeker does not do so, he or she may have to reimburse France Travail for overpayments and be subject to penalties.

Seasonal or discontinuous activity

Since August 20, 2023

In order to be compensated, the employee must meet all of the following conditions:

  • Take paternity and childcare leave within 6 months of birth (unless the deadline for cause of hospitalization of the child or death of the mother)
  • Have had a social security number for at least 6 months on the date of commencement of the leave
  • Have worked at least 600 hours (or have contributed to a salary of at least €23,649.50) in the last 12 months before the start of the leave
  • Cease all employment, even in the case of work for several employers (in the case of a request for leave from one employer and continuation of the activity from the other, the CPAM: titleContent may claim reimbursement of the amount paid).
Before August 20, 2023

In order to be compensated, the employee must meet all of the following conditions:

  • Take paternity and childcare leave within 6 months of birth (unless the deadline for cause of hospitalization of the child or death of the mother)
  • Have had a social security number for at least 10 months on the date of commencement of the leave
  • Have worked at least 600 hours (or have contributed to a salary of at least €23,649.50) in the last 12 months before the start of the leave
  • Cease all employment, even in the case of work for several employers (in the case of a request for leave from one employer and continuation of the activity from the other, the CPAM: titleContent may claim reimbursement of the amount paid).

Amount

The CPAM: titleContent pay per diem allowances (IJ), the amount of which shall be determined in accordance with the following calculation steps:

  • Calculation of the basic daily wage : sum of the last 3 gross salaries received before the date of interruption of work, divided by a coefficient of 91,25.
  • Maximum basic daily wage : The salary taken into account may not exceed the monthly social security ceiling in force on the last day of the month preceding the termination (either €3,925 per month in 2025 or €3,864 in 2024).
  • Flat rate applied by CPAM : CPAM withdraws from this basic daily wage a flat rate of 21%.
  • Minimum and maximum amount of JI : Amount cannot be less than €11.02 not greater than €101.94 per day.

One simulator allows you to estimate the amount of your IJs:

Calculate maternity or paternity daily allowance

Please note

Of treaty provisions may provide for more favorable conditions of compensation than those of Social Security, up to and including full maintenance of the salary.

Payment

Per diems are paid every 14 days.

Paternity and childcare leave entails suspension of employment contract.

During paternity and childcare leave, the employee may not be dismissed.

However, the employer may terminate the contract in the event of serious misconduct or inability to maintain the contract for any reason other than paternity and childcare leave.

Please note

The employee may resign during his leave of absence.

The duration of paternity and childcare leave shall be treated as a period of actual working time for the determination of seniority rights. At the end of the leave, the employee returns to his previous employment (or a similar employment with at least equivalent remuneration).

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