Paternity and foster leave if the child is hospitalized at birth
Verified 01 May 2023 - Legal and Administrative Information Directorate (Prime Minister)
The employed father is entitled to special paternity and care leave if the child is hospitalized immediately after birth in a specialized care unit. If the child's mother lives with another employed person, the employed person is also entitled to leave. The employee must comply with certain conditions (procedures, date of departure on leave, maximum duration of leave). He is entitled to compensation from the social security system.
If the child is hospitalized immediately after birth in a specialized care unit, the child's father is entitled to special leave. The father must be a wage earner.
If the child's mother living as a couple with an employed person who is not the father of the child, that person may also benefit from this leave.
Specific paternity leave in case of hospitalization of the child can be taken in addition to paternity and childbirth leave.
Leave shall be granted without any length-of-service requirement and irrespective of the type of employment contract (DTA: titleContent, CSD: titleContent or temporary contract).
To the employer
The employee on leave shall inform his employer without delay by submitting a document proving that the child has been hospitalized. The employer cannot oppose the employee's request.
Except treaty provisions more restrictive, the employee can notify his employer in writing or orally. He or she shall specify the dates on which the leave is to begin and end.
It is preferable, for reasons of evidence in the event of a dispute, to refer
- a registered letter with acknowledgement of receipt (LRAR)
- or a hand-delivered letter against dump.
To the CPAM
The applicant shall address to his CPAM: titleContent a document justifying the immediate hospitalization of the child after birth in a specialized care unit.
From 1 July 2021
Birth of child
In the event of the immediate hospitalization of the child after birth, the employee shall be entitled to a leave of absence of up to 30 calendar days during the entire period of hospitalization. This leave is in addition to the duration of the paternity and foster leave.
Example :
An employee is entitled to 25 days of leave on the occasion of the birth of his child. The latter is hospitalized in a specialized care unit. The employee is then entitled to 55 days of leave.
Birth of 2 (or more) children
In the event of the immediate hospitalization of a child after birth, the employee shall be entitled to a leave of absence of up to 30 calendar days during the entire period of hospitalization. This leave is in addition to the duration of the paternity and foster leave.
Example :
An employee is entitled to 32 days of leave on the occasion of the birth of his children. A child is hospitalized in a specialized care unit. The employee is entitled to 62 days of leave.
Before July 1, 2021
Birth of child
In the event of the immediate hospitalization of the child after birth, the employee shall be entitled to a leave of absence of up to 30 calendar days during the entire period of hospitalization. This leave is in addition to the duration of the paternity and foster leave.
Example: An employee is granted 11 days of leave on the occasion of the birth of his child. The latter is hospitalized in a specialized care unit. The employee may be granted 41 days of leave.
Birth of 2 (or more) children
In the event of the immediate hospitalization of a child after birth, the employee shall be entitled to a leave of absence of up to 30 calendar days during the entire period of hospitalization. This leave is in addition to the duration of the paternity and foster leave.
For example, an employee is granted 18 days of leave on the occasion of the birth of his children. A child is hospitalized in a specialized care unit. The employee may be granted 48 days of leave.
The leave must be taken immediately after the first 4 mandatory days of paternity and childcare leave.
Conditions
General case
In order to be compensated, the leave beneficiary must meet all of the following conditions:
- Have had a social security number for at least 10 months on the date of the start 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 €10,728.55 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)
Seasonal or discontinuous activity
In order to be compensated, the leave beneficiary must meet all of the following conditions:
- Have had a social security number for at least 10 months on the date of the start of the leave
- Have worked at least 600 hours (or have contributed to a salary of at least €21,457.10) 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
Calculate maternity or paternity daily allowance
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 wages received before the date of interruption of work, divided by 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 €3,666 per month in 2023, or €3,428 in 2022).
- Flat rate applied by CPAM : the CPAM withdraws from this basic daily wage a flat rate of 21%.
- Minimum and maximum amount of JI : Amount cannot be less than €10.24 not greater than €95.22 per day.
Please note
collective 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.
The leave entails the suspension of employment contract.
The leave beneficiary may resign during the leave.
At the end of the leave, the employee returns to his previous job (or a similar job with at least equal pay).
During the leave, the employee may not be dismissed. However, the employer may terminate the contract if he proves that the employee is guilty of grave misconduct or if it is impossible to retain the contract on grounds foreigner to paternity and childcare leave.
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