Paternity and care leave for the child of a private sector employee
Verified 01 June 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)
After the birth or reception of his child, the employee is entitled to days of paternity leave and childcare. The beneficiary employee may be the father of the child who is married or has a Civil partnership with the mother, spouse or cohabiting partner who lives as a couple with the mother or, for a couple of women and in the case of early joint recognition, the mother who has not given birth. The employee can receive daily allowances paid by the social security. We present you the information to know.
The employee is entitled to paternity and care leave for the child after birth. The employee must be in one of the following situations:
- Father of the child
- Spouse or common-law partner who lives as a couple with the mother
- In case of early joint recognition, a mother who has not given birth for a couple of women (married, married or in a common-law relationship).
Warning
Specific provisions shall apply for the adoption leave.
Leave is granted to the employee without seniority requirement.
The employee also benefits from leave regardless of the type of his employment contract (DTA: titleContent, FIXED-TERM: titleContent, temporary contract, vocational trainee, apprentice, jobseeker).
The duration of the leave is different depending on the birth or reception of a child or several children:
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Birth or reception of a child
Paternity and childcare leave is obligatory preceded by birth leave of a duration of 3 days workable.
The duration of paternity and foster care leave is 25 calendar days.
The paternity and foster care leave of the child includes 2 distinct periods in addition to compulsory birth leave.
Mandatory 4 calendar days
The employee is obliged to take his birth leave from 3 days workable.
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 welcomed on a Sunday. The employee takes his compulsory birth leave of 3 days.
Birth leave is calculated in working days. The leave therefore begins on the 1ster this is the working day following the birth or reception of the child and takes place from monday to wednesday.
The employee takes immediately after the birth leave the 4 mandatory days of paternity and childcare leave. This paternity and childcare leave is deducted in calendar days, from Thursday to Sunday.
The employee must thus take a cumulative compulsory leave (birth leave and 1re period of paternity and childcare leave) from Monday to Sunday.
Optional 21 calendar days
The employee can take the 2from period of paternity and foster care leave: this period is optional.
The 2from period can be taken immediately after the 1re period or not, according to the employee's wishes.
The duration of the 2from period of paternity and care leave for the child is 21 calendar days.
These days can be taken in 1 only once or in a split.
If these days are taken in a divided manner, they should be taken in 2 periods at most, each with a minimum duration of 5 days.
Example :
The child is born or welcomed on Monday, January 13, 2025, the employee can take his leave as follows:
- Compulsory Birth Leave of 3 working days from monday 13 to wednesday 15 january 2025 included
- Compulsory period of paternity and care leave for the child of 4 calendar days from thursday 16 to sunday 19 january 2025 included
- Split period of paternity and foster leave for the child of 5 calendar days from monday 27 to friday 31 january 2025 inclusive then from 16 calendar days from monday 10 to 25 february 2025 included.
Birth or reception of several children
Paternity and childcare leave is obligatory preceded by birth leave of a duration of 3 days workable.
The duration of paternity and foster care leave is 32 calendar days.
The paternity and foster care leave of the child includes 2 distinct periods in addition to compulsory birth leave.
Mandatory 4 calendar days
The employee is obliged to take his birth leave from 3 days workable.
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 birth leave of 3 days.
Birth leave is calculated in working days. The leave therefore begins on the 1ster the day following the birth or reception of the child, it takes place from monday to wednesday.
The employee takes immediately after the birth leave the 4 mandatory days of paternity and childcare leave. This paternity and childcare leave is deducted in calendar days, from Thursday to Sunday.
The employee must thus take a cumulative compulsory leave (birth leave and 1re period of paternity and childcare leave) from Monday to Sunday.
1 optional 28 calendar days
The employee can take the 2e period of paternity and foster care leave is optional.
The 2e period can be taken immediately after the 1era period or not, according to the employee's wishes.
The duration of the 2e period of paternity and care leave for the child is 28 calendar days.
These days can be taken in 1 only once or in a split.
If these days are taken in a divided manner, they should be taken in 2 periods at most, each with a minimum duration of 5 days.
Example :
Children are born or are welcomed on Monday, January 13, 2025, the employee can take his leave as follows:
- Compulsory Birth Leave of 3 working days from monday 13 to wednesday 15 january 2025 included
- Compulsory period of paternity and care leave for the child of 4 calendar days from thursday 16 to sunday 19 january 2025 included
- Split period of paternity and foster leave for the child of 5 calendar days from monday 27 to friday 31 january 2025 inclusive then from 23 calendar days from monday 10 to tuesday 4 march 2025 included.
Please note
Following paternity and childcare leave, the employee can benefit from the additional birth leave.
The leave must be taken in the 6 months following the birth or reception of the child.
It can 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 childcare leave of 4 calendar days, the employee must take the second period of his paternity and childcare leave within 6 months after the birth or reception of the child (in particular to be entitled to compensation by the health insurance fund).
Death of the mother
The conditions are different if the employee is the biological father or not of the child or if the deceased mother lived in a couple with another woman (in case of early joint recognition)
The employee is the biological father of the child
The employee can benefit from 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 termination of the post-natal maternity leave.
The employee lived in a relationship with the mother
If the employee is not the father but lives as a couple together with the mother, he can benefit from postnatal maternity leave provided that than the father organic 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 termination of the post-natal maternity leave.
The employee lived in a relationship with the mother
If the employee lived as a couple with the mother, she can benefit from postnatal maternity leave provided that than the father organic 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 termination of the post-natal maternity leave.
With the employer
The employee informs his employer of the expected date of delivery or reception of the child at least 1 month before the event.
The employee must notify his employer at least 1 month before the start date of the leave and the duration of the leave.
If the employee complies with this deadline, the employer cannot refuse to take the leave.
In the event of refusal by the employer, the employee may Labor Court (CPH).
The employer may be sentenced to a contravention in the amount of €1,500.
FYI
If the child is born or received before the scheduled date, the employee may take leave during the month following the event. However, the employee must inform his employer.
The employee notifies the employer in writing or orally.
It is preferable, for evidentiary reasons in the event of a dispute, to send the employer a registered letter with acknowledgement of receipt (LRAR) or a hand-delivered letter against discharge.
The employee can apply via the template document to be filled in online:
With the health insurance fund
The employee makes his/her representations to his/her caisse according to the following conditions:
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The employee is the biological father of the child
General case
The employee shall send one of the following documents to the health insurance fund:
- Either the full copy of the birth or reception certificate of the child
- Either the copy of the updated family booklet.
Death of child
A copy of the child's acknowledgement (if the child is stillborn) must be sent to the health insurance fund.
The employee lives in a relationship with the mother
General case
The employee shall send one of the following documents to the health insurance fund:
- Either the full copy of the birth or reception certificate of the child
- Either the copy of the updated family booklet.
The employee shall also send proof of the relationship with the child's mother:
- Either the marriage certificate extract
- Either the copy of his Civil partnerships: titleContent
- Either the certificate of common life or cohabitation dated less than one year
- Either 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) must be sent to the health insurance fund.
Conditions
The compensation conditions are different depending on the nature of the employee's activity.
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General case
Since August 20, 2023
To be compensated, the employee must meet all of the following conditions:
- Take paternity and foster care leave for the child within 6 months of birth or foster care (unless postponed for cause of hospitalization of the child or death of the mother)
- Have a social security number for at least 6 months on the date of commencement of leave
- Have worked at least 150 hours in the 3 months preceding the start of the leave (or have contributed on a salary at least equivalent to €12,058.20 in the last 6 months before the start of the leave)
- Cease all paid employment, even in the case of work for several employers (in the case of a request for leave with one employer and continuation of the activity with the other, the health insurance fund may claim reimbursement of the amount paid).
The job seeker registered with France Travail (formerly Pôle emploi) remains registered with France Travail during his paternity and childcare leave. The payment of unemployment benefits is interrupted during the leave if the jobseeker receives daily social security benefits.
The jobseeker must declare to France Travail the number and dates of days taken for paternity and childcare leave. If the jobseeker does not do so, he may have to reimburse France Travail for overpayments and be exposed to sanctions.
Before 20 August 2023
To be compensated, the employee must meet all of the following conditions:
- Take paternity and foster care leave for the child within 6 months of birth or foster care (unless postponed for cause of hospitalization of the child or death of the mother)
- Have a social security number for at least 10 months on the date of commencement of leave
- Have worked at least 150 hours in the 3 months preceding the start of the leave (or have contributed on a salary at least equivalent to €12,058.20 in the last 6 months before the start of the leave)
- Cease all paid employment, even in the case of work for several employers (in the case of a request for leave with one employer and continuation of the activity with the other, the CPAM: titleContent may claim reimbursement of the amount paid).
FYI
The job seeker registered with France Travail (formerly Pôle emploi) remains registered with France Travail during his paternity and childcare leave. The payment of unemployment benefits is interrupted during the leave if the jobseeker receives daily social security benefits.
The jobseeker must declare to France Travail the number and dates of days taken for paternity and childcare leave. If the jobseeker does not do so, he may have to reimburse France Travail for overpayments and be exposed to sanctions.
Seasonal or discontinuous activity
Since August 20, 2023
To be compensated, the employee must meet all of the following conditions:
- Take paternity and foster care leave for the child within 6 months of birth (unless postponed for cause of hospitalization of the child or death of the mother)
- Have a social security number for at least 6 months on the date of commencement of leave
- Have worked at least 600 hours (or have contributed on a salary at least equivalent to €24,116.40) in the last 12 months prior to the start of the leave
- Cease all paid employment, even in the case of work for several employers (in the case of a request for leave with one employer and continuation of the activity with the other, the CPAM: titleContent may claim reimbursement of the amount paid).
Before 20 August 2023
To be compensated, the employee must meet all of the following conditions:
- Take paternity and foster care leave for the child within 6 months of birth (unless postponed for cause of hospitalization of the child or death of the mother)
- Have a social security number for at least 10 months on the date of commencement of leave
- Have worked at least 600 hours (or have contributed on a salary at least equivalent to €24,116.40) in the last 12 months prior to the start of the leave
- Cease all paid employment, even in the case of work for several employers (in the case of a request for leave with one employer and continuation of the activity with the other, the CPAM: titleContent may claim reimbursement of the amount paid).
Amount
The CPAM: titleContent pay daily subsistence allowance (DSA), the amount of which shall be determined in accordance with the following calculation steps:
- Calculation of 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 cessation (either €4,005 by month in 2026 or €3,925 in 2025).
- Flat rate applied by CPAM : CPAM withdraws from this basic daily wage a flat rate of 21%.
- Minimum and maximum amount of JI : the amount cannot be less than €11.12 or greater than €104.02 per day.
One simulator allows you to estimate the amount of your IJ:
Calculate the daily maternity or paternity and childcare allowances
Please note
Of treaty provisions may provide for more favorable compensation conditions than those of the Social Security system, up to and including full salary maintenance.
Payment
Daily allowances are paid every 14 days.
Daily allowances are paid every 14 days.
The paternity and foster care leave of the child results in suspension of the employment contract.
During paternity and childcare leave, the employee cannot be dismissed.
However, the employer may terminate the contract in the event of serious misconduct or impossibility of maintaining the contract for a reason other than paternity and foster leave.
Please note
The employee may resign during his leave.
The duration of the child's paternity and care leave shall be treated as a period of actual working time for the determination of seniority rights.
At the end of his leave, the employee returns to his previous job (or a similar job with at least equivalent remuneration).
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