Paternity and foster leave if the child is hospitalized at birth
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.
An employed father is entitled to specific paternity and care leave if the child is hospitalized immediately after birth in a specialized care unit. If the mother of the child lives with another employed person, the employed person is also entitled to leave. The employee must comply with certain conditions (procedures, date of departure on leave, maximum duration of leave). He is entitled to compensation from the Social Security.
In the event of immediate hospitalization of the child after birth in a specialized care unit, the father of the child is entitled to specific leave. The father must be a wage earner.
If the child's mother lives as a couple with an employed person who is not the father of the child, that person may also benefit from that leave.
Specific paternity leave in case of hospitalization of the child can be taken in addition to the paternity and childbirth leave.
Leave is open without any length of service condition, and regardless of the type of employment contract (DTA: titleContent, FIXED-TERM CONTRACT: titleContent or temporary contract).
With the employer
The employee on leave informs his employer without delay by sending a document justifying the hospitalization of the child. The employer cannot oppose the employee's request.
Except treaty provisions more restrictive, the employee can notify his employer in writing or orally. He specifies the start and end dates of the leave he wishes to take.
It is preferable, for evidentiary reasons in case of dispute, to address it
- a registered letter with acknowledgement of receipt (LRAR)
- or a hand-delivered letter against discharge.
Request postponement of paternity and foster care leave in the event of hospitalization of the child
To the CPAM
The applicant shall address to its CPAM: titleContent a document justifying the immediate hospitalization of the child after birth in a specialized care unit.
Since July 1, 2021
Birth of a child
In the event of immediate hospitalization of the child after birth, the employee is entitled to leave of up to 30 calendar days consecutive, throughout the period of hospitalization. This leave is in addition to the duration of the paternity and foster care leave.
The leave ends upon the discharge of the child from hospital.
Example :
An employee receives 25 days of leave on the occasion of the birth of his child. The latter is hospitalized in a specialized care unit. The employee is then entitled to 55 days of leave.
Birth of 2 or more children
In the event of immediate hospitalization of a child after birth, the employee is entitled to leave of up to 30 calendar days consecutive, throughout the period of hospitalization. This leave is in addition to the duration of the paternity and foster care leave.
Example :
An employee benefits from 32 days of leave on the occasion of the birth of his children. A child is hospitalized in a specialized care unit. The employee is entitled to 62 days of leave.
Before 1 July 2021
Birth of a child
In the event of immediate hospitalization of the child after birth, the employee is entitled to leave of up to 30 calendar days consecutive, throughout the period of hospitalization. This leave is in addition to the duration of the paternity and foster care leave.
Example: an employee receives 11 days of leave on the occasion of the birth of his child. The latter is hospitalized in a specialized care unit. The employee can benefit from 41 days of leave.
Birth of 2 or more children
In the event of immediate hospitalization of a child after birth, the employee is entitled to leave of up to 30 calendar days consecutive, throughout the period of hospitalization. This leave is in addition to the duration of the paternity and foster care leave.
Example: an employee receives 18 days of leave on the occasion of the birth of his children. A child is hospitalized in a specialized care unit. The employee can benefit from 48 days of leave.
Leave must be taken immediately after the first 4 mandatory days of paternity and childcare leave.
Conditions
General case
To be compensated, the beneficiary of the leave must fulfill all of the following conditions:
- Have a social security number for at least 10 months at the start of the 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 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)
Seasonal or discontinuous activity
To be compensated, the beneficiary of the leave must fulfill all of the following conditions:
- Have a social security number for at least 10 months at the start of the leave
- 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.
Leave results in suspension of the employment contract.
The beneficiary of the leave may resign during the leave.
At the end of the leave, the employee returns to his previous job (or a similar job with at least equivalent pay).
During the leave, the employee cannot be dismissed. However, the employer may terminate the contract if it proves gross negligence on the part of the employee or if it is impossible to continue the contract for reasons foreigner to the paternity and childcare leave.
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