Paternity and childcare leave for a private sector employee
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.
After the birth or reception of the child, the employee is entitled to paternity and childcare leave. The beneficiary employee may be the father of the child who is married or has a Civil partnership with the mother, the spouse or the cohabiting partner who lives as a couple with the mother or, for a female couple 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 foster 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, past or common-law).
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 CONTRACT: 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
The paternity and foster leave of the child is mandatory preceded by birth leave of a duration of 3 days workable.
The duration of paternity and foster leave for the child is 25 calendar days.
The paternity and foster leave of the child includes 2 separate 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 leave and child care 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 the working 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 therefore 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 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 foster leave of 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 inclusive.
Birth or reception of several children
The paternity and foster leave of the child is mandatory preceded by birth leave of a duration of 3 days workable.
The duration of paternity and foster leave for the child is 32 calendar days.
The paternity and foster leave of the child includes 2 separate 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 leave and child care leave.
Example :
Children are born or are 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 takes place from monday to wednesday on the working day following the birth or reception of the child.
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 therefore 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 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 foster leave of 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 inclusive.
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 mother's death.
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 his 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 or she may benefit from postnatal maternity leave provided that that the father organic of the child does not benefit from it.
The employee may postpone the 6 months to take the second period of his 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 together with the mother, she can benefit from postnatal maternity leave provided that that the father organic of the child does not benefit from it.
The employee may postpone the 6 months to take the second period of his 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 meets this deadline, the employer cannot refuse to take the leave.
In the event of refusal by the employer, the employee may seize the labor court (CPH).
The employer may be ordered to pay the employee a fine in the amount of €7,500.
FYI
In the event of the birth or reception of the child before the scheduled date, the employee may take his 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 representations to his fund under 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 a full copy of the child's birth or foster care certificate
- Either the copy of the updated family record book.
Death of child
A copy of the act of recognition of the child (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 a full copy of the child's birth or foster care certificate
- Either the copy of the updated family record book.
The employee also sends proof of the relationship with the child's mother:
- Either the extract of the marriage certificate
- 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 act of recognition of the child (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 the leave begins
- 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 salaried activity, 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 jobseeker enrolled in France Travail (formerly Pôle emploi) remains enrolled in 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 risks having to reimburse France Travail for overpayments and being exposed to sanctions.
Before 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 10 months on the date the leave begins
- 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 salaried activity, 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 jobseeker enrolled in France Travail (formerly Pôle emploi) remains enrolled in 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 risks having to repay France Travail overpayments and being 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 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 the leave begins
- Have worked at least 600 hours (or contributed on a salary at least equivalent to €24,116.40) during the last 12 months preceding the start of the leave
- Cease all salaried activity, 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 August 20, 2023
To be compensated, the employee must meet all of the following conditions:
- Take paternity and foster care leave 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 the leave begins
- Have worked at least 600 hours (or contributed on a salary at least equivalent to €24,116.40) during the last 12 months preceding the start of the leave
- Cease all salaried activity, 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 allowances (DSAs), the amount of which is determined in accordance with the following calculation steps:
- Calculation of the 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 amount : The salary taken into account may not exceed the monthly social security ceiling in force on the last day of the month preceding the stoppage (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 amount and maximum amount of IJ —The amount cannot be less than €11.12 not greater than €104.02 per day.
One simulator allows you to estimate the amount of your JIs:
Calculate daily maternity or paternity allowances
Please note
Some 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 leave of the child results in the suspension of the employment contract.
During paternity and childcare leave, the employee may not be dismissed.
However, the employer may terminate the contract in the event of gross negligence 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 paternity and foster care leave shall be treated as a period of actual working time for the determination of seniority entitlements.
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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