Adoption leave in the private sector

Adoption leave is open to any employee who has been entrusted with a child:

• Either by the child welfare service (Ase)
• Either by the Agence française de l'adoption (Afa)
• Either by a French body authorized for adoption
• Either by decision of the competent foreign authority, provided that the child has been authorized, on this basis, to enter France.

The length of the adoption leave varies according to the number of adopted children, the number of children you already have and whether the leave is divided between the two parents.

Your leave must begin as soon as possible in the 7 days prior to arrival of the child in your home.

Adoption leave must be taken no later than 8 months after the child's date of arrival in your home.

For a couple, the leave can be taken at the same time or in offset.

You must notify your employer by letter RAR: titleContent or delivery against receipt or by any device to keep track of the information made to your employer (for example, email with acknowledgement of receipt or reading).

You tell your employer the reason for your absence and the date on which your adoption leave begins.

NoHowever, your employer cannot refuse to grant you adoption leave or ask you to postpone the start date of the leave.

No, during the period of your adoption leave, your employment contract is suspended.

During this suspension, you do not work and you do not receive any salary from your employer.

However, you have entitlement to payment ofIJSS: titleContent under the following conditions:

During adoption leave, an adoptive parent shall be entitled to receive daily rest allowance if he/she has at least 6 months of registration as a social insured person on the date of arrival of the child at home.

In addition, it shall comply with one of the following conditions:

• Have worked at least 150 hours in the 3 months preceding the date of arrival of the child at home
• Have contributed on the basis of a cumulative salary of at least €12,200.30 within the last 6 months preceding the date of arrival of the child at home

You must also obtain the following documents depending on the place of adoption:

To calculate the amount of IJSS: titleContentHowever, if you are a monthly employee, you must first determine your basic daily salary.

Your basic daily wage is calculated by first taking into account the total of your Last 3 salaries collected before the date of interruption of work.

This amount is then divided by the coefficient 91.25.

The salary used to calculate your basic daily earnings is capped at the amount of the monthly social security ceiling in force on the last day of the month preceding the work stoppage (i.e €4,005 per month in 2026).

Social security withdraws from this basic daily wage a flat rate of 21%.

The minimum amount of JI for adoption is set at €11.12 per day.

The maximum amount is set at €104.02 per day.

You perceive IJSS: titleContent during your adoption leave at the condition cease all paid work during the compensation period.

IJSS is paid every 14 days.

At the end of your adoption leave, you return to your previous job or a similar job with at least equivalent pay.

During your absence, you receive the same increases as other employees in the same professional category.

During your adoption leave, you cannot be dismissed. 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 adoption leave.