The practical guide to paternity leave
When a child is born, the father can take paternity and foster leave by suspending his employment contract. Just like the mother who can take parental or maternity leave.
This is an open right.
For now, paternity leave lasts 25 days and 35 consecutive days for multiple births. It is in addition to the 3 days of birth leave.
In the case of premature delivery, the duration of paternity leave is longer, and can now be up to 30 consecutive days. Paternity leave is therefore extended in the case of hospitalization of the child in neonatal care units as well as in neonatal resuscitation units.
Now known as paternity and foster leave, it is extended to the mother’s spouse, even if he or she is not the child’s father.
Paternity leave: for whom?
You can benefit from paternity leave regardless of the nature of your employment contract (fixed-term, permanent, part-time, temporary, seasonal...) and the size of your company. There is no seniority requirement either.
The same applies to your family situation, which does not apply: paternity leave is open to you whether you are married, pacsé, divorced, separated or in a common-law relationship, the birth of your child constituting the event giving rise to the right to this leave. You can also ask if your child resides abroad or if you do not live with him or his mother. In any case, your employer cannot refuse to grant you this.
When to take paternity leave?
You have the choice between taking your paternity leave as a result of the 3 days of birth leave or, if you prefer, within 4 months of the child’s birth. Please note that the end of your leave may continue beyond the 4 months authorized. Remember that the first three months of a baby’s life are also the most tiring months for parents. The presence of the father is more than desired during this period, especially if the mother has no help at home.
The law provides for the possibility of postponing paternity leave in certain situations:
- In case of hospitalization of the child: paternity leave begins within four months of the end of the hospitalization; it is also extended.
- In the event of the mother’s death, paternity leave may begin within four months of the father’s postnatal maternity leave.
Can birth and paternity leave be combined?
Yes. Birth and paternity leave can be chained or taken separately.
In order for these two leaves to continue, you must take into account the time required to notify your employer of your wish to take paternity and foster leave. This period is at least 1 month.
You can apply for paternity and foster leave while the child is not yet born.
Paternity and foster leave is in addition to the 3 days of birth leave. It can start immediately after these 3 days or at some other time, but must be within 4 months of the child’s birth.
Paternity leave: what steps to benefit from it?
To your employer, simply notify your employer at least one month in advance of when you want your paternity leave to begin, and indicate the length of time you choose. The law allows you to inform him orally or in writing, but if your employer requires you to send him a registered letter with acknowledgement of receipt, you must respect his request. This last way, as well as the letter delivered in person against discharge, is also advisable even if your employer does not oblige you, in order to avoid misunderstandings! If you ever wish to reschedule your paternity leave, you can only do so with the agreement of your employer.
Note: during your paternity leave, your employment contract is suspended. Therefore, you must not work for the duration of the suspension. In return, you will not be paid (unless otherwise agreed), but you may, under certain conditions, receive daily allowances. Finally, know that your paternity leave is taken into account in the calculation of your seniority, and that you benefit from your social protection. However, paternity leave is not considered actual work for the purpose of determining your paid leave.
To your Health Insurance Fund: you must provide various supporting documents. Either a complete copy of your baby’s birth certificate, or a copy of your current family record book or, if applicable, a copy of your baby’s certificate of recognition. You must also prove to your Caisse that you have ceased your professional activity.