Paternity and childcare leave in the public service
Verified 29 October 2021 - Directorate for Legal and Administrative Information (Prime Minister)
Did you just become a father? After the birth of your child, you can benefit from paternity and childcare leave. If you live as a couple with the mother (without being the father of the child), you can also take this leave. The rules differ depending on whether you are a public servant or a contractor.
Official
Whether you are a probationary public servant or an incumbent, you are entitled to paternity and foster care leave after the birth of a child, if you are the father.
You are also entitled to this leave if you live as a couple with the child's mother.
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Birth of child
The duration of the leave shall be 25 calendar days maximum.
Of these 25 calendar days, 4 must be taken consecutively and immediately after 3-day birth leave.
You can choose to take the remaining 21 calendar days continuously or split into up to 2 periods of at least 5 days each.
These 21 days should be taken within 6 months of birth.
When the child is immediately hospitalized after birth in a specialized care unit, the period of leave of 4 consecutive days may be extended, during the period of hospitalization, up to a maximum of 30 consecutive days.
You have to ask for it. The administration cannot refuse this extension.
The specialized hospital care units for the child eligible for this additional period of leave are as follows:
- Neonatal units
- Neonatal resuscitation units
- Neonatal and infant pediatric units
- Undifferentiated pediatric and neonatal resuscitation units
The 21-day period should then be taken within 6 months of the end of hospitalization.
Multiple birth
The duration of the leave shall be 32 calendar days maximum.
Of these 32 calendar days, 4 must be taken consecutively and immediately after 3-day birth leave.
The remaining period of 28 calendar days can be divided into 2 periods of at least 5 days each.
These 28 days should be taken within 6 months of birth.
When the child is immediately hospitalized after birth in a specialized care unit, the period of leave of 4 consecutive days may be extended, during the period of hospitalization, up to a maximum of 30 consecutive days.
You have to ask for it. The administration cannot refuse this extension.
The specialized hospital care units for the child eligible for this additional period of leave are as follows:
- Neonatal units
- Neonatal resuscitation units
- Neonatal and infant pediatric units
- Undifferentiated pediatric and neonatal resuscitation units
The 28-day period should then be taken within 6 months of the end of hospitalization.
Please note
the durations listed below also apply to children born before 1er July 2021, which was supposed to be born on or after 1er July 2021.
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General case
The request for paternity leave must be made to your head of department at least 1 month before the expected date of delivery.
In support of your leave request, you must provide the following documents:
- Copy of the pregnancy certificate issued by the doctor or midwife following the pregnancy
- All documents proving that you are the father of the child or the person who lives with the mother
The application must state the estimated date of confinement and the dates and duration of the leave period(s).
Within 8 days of giving birth, you must submit any documents justifying the birth of the child.
One month before the 21-day or 28-day period begins, you must confirm to your head of department your leave dates and, in case of splitting of this period, the dates of each of the 2 periods.
In case of premature birth, if you wish to start the leave period(s) within one month of birth, you must inform your administration without delay. Within 8 days of giving birth, you must submit any documents justifying the birth of the child.
You can write your leave request using a template:
Hospitalization of child
If the child is hospitalized immediately after birth, you must send your request for postponement of leave and any document justifying the hospitalization of the child to your head of department within 8 days of the hospitalization.
You can write your leave request using a template:
Death of the mother during childbirth
If you are the father of the child, you are granted postnatal maternity leave.
If the child's father did not apply for postnatal maternity leave, this leave is granted to you if you were living in a couple with the mother.
You must send your request for postponement of paternity leave and any documents justifying the death of the mother to your head of department within 8 days of the death.
If you have taken postnatal maternity leave, paternity leave must be taken within 6 months of the end of this postnatal leave.
You can write your leave request using a template:
During your leave, your index treatment continues to be paid to you in full.
The same is true of the residence allowance and the new index enhancement (NBI) if you are receiving these compensation supplements.
If you are already collecting the family treatment supplement (FTS), it also continues to be paid to you in full during your leave of absence; the SFT for the adopted child is paid to you from 1er day of the month following the month in which the child is cared for.
The premiums and allowances shall be paid in full.
Paternity leave shall be considered as a period of employment for theadvancement in step and grade and retirement.
Paternity leave does not affect your entitlement to the following leave:
- Annual leave
- Sick leave
- Vocational training leave
- Leave for validation of experience
- Skills Check Leave
- Leave for union training
- Family Solidarity Leave
- Caregiver leave
- Representation leave
If you work part-time, you are automatically reinstated full-time during your paternity leave.
At the end of the leave, you are reassigned to your position.
You can apply to be posted to a job closer to home, if the transfer priorities granted to certain officials so allow.
FYI
if you are a probationary public servant, paternity leave extends, under certain conditions, your internship period without changing your tenure date.
Contractual
That you're in CSD: titleContent or DTA: titleContent, you are entitled to paternity and childcare leave after the birth of a child, if you are the father.
You are also entitled to this leave if you live as a couple with the child's mother.
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Birth of child
The duration of the leave shall be 25 calendar days maximum.
Of these 25 calendar days, 4 must be taken consecutively and immediately after 3-day birth leave.
You can choose to take the remaining 21 calendar days continuously or split into up to 2 periods of at least 5 days each.
These 21 days should be taken within 6 months of birth.
When the child is immediately hospitalized after birth in a specialized care unit, the period of leave of 4 consecutive days may be extended, during the period of hospitalization, up to a maximum of 30 consecutive days.
You have to ask for it. The administration cannot refuse this extension.
The specialized hospital care units for the child eligible for this additional period of leave are as follows:
- Neonatal units
- Neonatal resuscitation units
- Neonatal and infant pediatric units
- Undifferentiated pediatric and neonatal resuscitation units
The 21-day period should then be taken within 6 months of the end of hospitalization.
Multiple birth
The duration of the leave shall be 32 calendar days maximum.
Of these 32 calendar days, 4 must be taken consecutively and immediately after 3-day birth leave.
The remaining period of 28 calendar days can be divided into 2 periods of at least 5 days each.
These 28 days should be taken within 6 months of birth.
When the child is immediately hospitalized after birth in a specialized care unit, the period of leave of 4 consecutive days may be extended, during the period of hospitalization, up to a maximum of 30 consecutive days.
You have to ask for it. The administration cannot refuse this extension.
The specialized hospital care units for the child eligible for this additional period of leave are as follows:
- Neonatal units
- Neonatal resuscitation units
- Neonatal and infant pediatric units
- Undifferentiated pediatric and neonatal resuscitation units
The 28-day period should then be taken within 6 months of the end of hospitalization.
Please note
the durations listed below also apply to children born before 1er July 2021, which was supposed to be born on or after 1er July 2021.
Répondez aux questions successives et les réponses s’afficheront automatiquement
General case
The request for paternity leave must be made to your head of department at least 1 month before the expected date of delivery.
In support of your leave request, you must provide the following documents:
- Copy of the pregnancy certificate issued by the doctor or midwife following the pregnancy
- All documents proving that you are the father of the child or the person who lives with the mother
The application must state the estimated date of confinement and the dates and duration of the leave period(s).
Within 8 days of giving birth, you must submit any documents justifying the birth of the child.
One month before the 21-day or 28-day period begins, you must confirm to your head of department your leave dates and, in case of splitting of this period, the dates of each of the 2 periods.
In case of premature birth, if you wish to start the leave period(s) within one month of birth, you must inform your administration without delay. Within 8 days of giving birth, you must submit any documents justifying the birth of the child.
You can write your leave request using a template:
Hospitalization of child
If the child is hospitalized immediately after birth, you must send your request for postponement of leave and any document justifying the hospitalization of the child to your head of department within 8 days of the hospitalization.
You can write your leave request using a template:
Death of the mother during childbirth
If you are the father of the child, you are granted postnatal maternity leave.
If the child's father did not apply for postnatal maternity leave, this leave is granted to you if you were living in a couple with the mother.
You must send your request for postponement of paternity leave and any documents justifying the death of the mother to your head of department within 8 days of the death.
If you have taken postnatal maternity leave, paternity leave must be taken within 6 months of the end of this postnatal leave.
You can write your leave request using a template:
Yeah. Yeah. You keep all of your pay during your leave.
Paternity leave is taken into account when calculating the length of service required to be able to apply for a part-time and to be entitled to the following leave:
- Annual leave
- Leave for union training
- Leave for the training of youth leaders and youth workers
- Vocational training leave
- Representation leave
- Accident at work Paid or unpaid sick leave, leave due to serious illness, for occupational
- Maternity, paternity or adoption leave
- Parental Leave
- Unpaid leave to travel overseas or abroad for the adoption of one or more children
- Family Solidarity Leave
- Unpaid leave to raise a child under 8 years of age, provide care to a dependent child, spouse, Civil partnership partner or ascendant following an accident or severe illness or disability requiring the presence of a third person
- Unpaid leave to follow a Civil partnership or partner who is forced to move for work reasons
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Unpaid leave for personal reasons
- Unpaid leave for company creation
Other leave shall not result in the loss of seniority acquired before it was granted.
Paternity leave shall also be taken into account for the following rights:
- Determination of the length of service or the actual period of service required for the review or development of pay conditions
- Opening of training rights
- Calculation of the length of service required to be able to stand for internal competitions
- Determination of the classification of the successful candidates in these competitions in the civil service
If you worked part-time before your leave, you are restored full-time during the leave.
- Civil Service Code: Articles L631-1 to L631-2
- Civil Service Code: Article L631-9
- Decree No. 86-83 of 17 January 1986 on contract agents of the EPFArticles 15, 16, 17, 32
- Decree No. 88-145 of February 15, 1988, on non-incumbent FPT agentsArticles 10, 11, 12, 33
- Decree No. 91-155 of 6 February 1991 on contract agents of the FPHArticles 13, 14
- Decree No. 93-522 of 26 March 1993 on the conditions for implementing the NBI in the EPFArticle 2
- Decree No. 93-863 of 18 June 1993 on the conditions for implementing the NBI in the FPTArticle 2
- Decree No. 94-139 of 14 February 1994 on the conditions of implementation of the NBI in the FPHArticle 2
- Decree No. 2010-997 of 26 August 2010 on the scheme for maintaining the premiums and allowances of public officials in certain leave situations
- Decree No. 2021-846 of 29 June 2021 on maternity and parental leave in the territorial civil serviceArticles 13 & 14
- Decree No. 2021-871 of 30 June 2021 on maternity leave and parental leave in the State civil serviceArticles 13 & 14
- Decree No. 2021-1342 of 13 October 2021 on maternity leave and parental leave in the hospital public serviceArticles 13 & 14
- Order of 3 May 2013 laying down the list of supporting documents to be provided in order to benefit from the compensation of paternity and childcare leave
- Circular of 22 March 2011 on the scheme for maintaining the premiums and allowances of public officials in certain leave situations