3-day leave for the birth or arrival of a child for adoption in the private sector

Verified 01 January 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

Additional Birth Leave

An additional birth leave is created by the Social Security Financing Act for 2026 from 1er January 2026. He is added maternity, paternity and childcare leave and adoption leave. Each parent will be able to take the leave simultaneously or alternately with the other. The duration of the leave is, at the parent's choice, 1 month or 2 months.

Some application decrees must specify the conditions for granting and compensating supplementary birth leave: it shall not not possible to benefit from that leave for the moment.

This page will be updated as soon as these texts are published.

Can you benefit from days off on the occasion of the birth of your child or the arrival of a child for adoption? We present you the information you need to know about this leave (duration, conditions of use, remuneration during the leave period, in particular).

Birth leave for your child

You benefit from birth leave as an employee (in DTA: titleContent or in FIXED-TERM CONTRACT: titleContent, full-time or part-time) for every birth in your household.

You benefit from birth leave without seniority condition in your company.

You must work in France.

No nationality or birth condition in France of the child is imposed.

Please note

The mother of the child is not entitled to it, because this birth leave does not combine with the maternity leave.

The duration of the leave shall be 3 working days for each birth at home.

The duration may be higher if it is provided for by treaty provisions.

Please note

In the case of multiple births, the duration of the leave shall be 3 working days unless provided for in the Convention.

Yes, you must take mandatory birth leave.

You cannot therefore work during the period of the birth leave.

To prove your entitlement to birth leave, you must provide your employer with a copy of the birth certificate of your child.

No, your employer is obliged to grant you birth leave.

In case of refusal by your employer, you can labor court (CPH).

Reminder

For the duration of your birth leave, your employer cannot make you work.

During your birth leave, your employer cannot dismiss you.

Your employer also cannot dismiss you during the 10 weeks following the birth of your child.

However, your employer may terminate your contract in the event of gross negligence or inability to maintain your contract for any reason other than your birth leave.

Your leave begins, according to your choice, on the day of your child's birth, or on 1er business day following the day of birth.

Please note

If the birth of the child occurs while you have taken paid leave or leave for family events, the employment ban begins at the end of that period of leave.

Yes, you must take the paternity and childcare leave after your birth leave.

Please note

A period mandatory 4 days calendars paternity and foster care leave must be taken immediately after the birth leave.

Birth leave days are paid normally, as if they had been worked.

They are treated as actual working time for determining the length of paid annual leave and taking into account your seniority in the company.

Leave for the arrival of a child for adoption

You benefit from days off as an employee (in DTA: titleContent or in FIXED-TERM CONTRACT: titleContentfull-time or part-time) for the arrival in your home of a child placed for adoption.

You benefit from birth leave without seniority condition in your company.

You must work in France.

No nationality or birth condition in France of the child is imposed.

The duration of the leave shall be 3 days workable for the arrival at the home of a child placed for adoption.

The duration may be higher if it is provided for by treaty provisions.

Yes, you must take mandatory leave for the arrival of a child for adoption.

You cannot therefore work during the leave period for the arrival of a child for adoption.

To take the leave, you must give your employer a attestation of the organization that entrusts you with the child.

The certificate must mention the arrival date of the child in your home.

No, your employer is obliged to grant you leave for the arrival of a child for adoption.

In case of refusal by your employer, you can labor court (CPH).

Reminder

For the duration of your leave for the arrival of a child for adoption, your employer cannot make you work.

During your leave for the arrival of a child for adoption, your employer cannot dismiss you.

Your employer also cannot dismiss you during the 10 weeks following the birth of your child.

However, your employer may terminate your contract in the event of gross negligence or inability to maintain your contract for any reason other than your leave for the arrival of a child for adoption.

Your leave for the arrival of a child for adoption begins in principle on the date of arrival of the child in your home.

However, it can begin, according to your choice :

  • Either 7 days prior to arrival planned for the child in your home. Example: the child arrives at your home on Monday, September 11, 2023, your leave can begin on Monday, September 4, 2023
  • Let's say 1er day workable that follows the child's arrival in your home. Example: the child arrives in your home on Monday, September 11, 2023, your leave may begin the next day, Tuesday, September 12, 2023

Please note

Leave for the arrival of a child for adoption must be taken no later than 8 months after the child's date of arrival in your home.

Please note

If the arrival of the child for adoption occurs when you have taken paid leave or leave for family events, the employment ban begins at the end of that period of leave.

Yes, you can take a adoption leave after your leave for the arrival of a child for adoption.

Birth leave days are paid normally, as if they had been worked.

They are treated as actual working time for determining the length of paid annual leave and taking into account your seniority in the company.

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