Supplementary birth leave for a private sector employee

The leave says additional birth allows the employee becoming a parent to benefit from a period of compensated absence.

The parent(s) of a child born or adopted may benefit from this leave from 1^er July 2026.

The parent(s) of a child born on or after 1^er January 2026 (or born prematurely but for which birth was planned from 1^er january 2026) can benefit from the 1^er July 2026, provided that the conditions for entitlement and the one-month notice period with the employer are met.

This is also the case for adoptive parents of children who arrived at home between 1^er January and June 30, 2026.

Supplementary birth leave is added existing leave (maternity leave, paternity and childcare leave and adoption leave) and does not replace it.

Supplementary birth leave is available to all employees in professional activity which fill in the conditions for entitlement following the birth of a child or the reception of a child in the context of an adoption.

Supplementary birth leave is open to 2 parents.

The employee must be in one of the following situations:

• Mother of the child

• Father of the child
• Spouse or common-law partner who lives as a couple with the mother
• In the case of a couple of women (married, past or common-law) who have early joint recognitionmother, who didn't give birth.

To benefit from the additional birth leave, the employee must have taken beforehand maternity leave, paternity and childcare leave or adoption leave.

Each parent can benefit, according to his choice, from 1 or 2 months of leave taken simultaneously or alternating with the other parent.

Supplementary birth leave can be split: it can be taken in 2 periods non-consecutive by one month.

It depends on the child's date of birth or arrival at the hearth :

To benefit from the additional birth leave, the employee must inform your employer by registered letter with acknowledgement of receipt or delivery against receipt with a warning period of 1 month before the desired leave start date.

This period shall be reduced to 15 days when the additional birth leave follows immediately paternity and childcare leave or adoption leave and when the employee wishes to start his supplementary birth leave in the following month the birth of the child or the child's arrival at home.

The employee must specify the duration of the leave (1 or 2 months) and whether the leave is split.

The employee has no procedure to make with the CPAM: titleContent (or MSA: titleContent for employees who depend on the agricultural scheme). It is the employer who sends the CPAM or MSA the request for leave of the employee for compensation.

During the additional birth leave, the employee does not receive a salary.

The employee receives compensation paid by the CPAM: titleContent  or byMSA: titleContent.

Compensation is degressive :

• 70% net salary in the first month,
• 60% net salary in the second month.

Compensation is paid within the monthly Social Security ceiling for the first and second months, i.e. €4,005.

Supplementary birth leave results in suspension of the employment contract.

The employee may not engage in any other professional activity during the period of the leave.

During the additional birth leave, the employer cannot dismiss the employee.

However, the employer may terminate the contract in the event of gross negligence or impossibility of maintaining the contract for a reason other than supplementary birth leave.

The duration of the supplementary birth leave shall be treated as a period of actual working time for the determination of seniority rights.

At the end of the leave, the employee returns to his or her previous job (or a similar job with at least equivalent pay).