If maternity leave is a common and usual occurrence for working mothers, whether employees or volunteers, who are going to give birth, paternity leave was not always relevant and even optional. However, this right is stipulated by the Labor Code. Focus on the subject.
Duration of paternity leave
Unlike maternity leave, which has always existed, paternity leave has only been introduced since 2002. The mandatory duration of this leave is set by the Labor Code, and this duration is valid until June 30, 2021. During paternity leave, the spouse benefits from Health Insurance compensation, like the mother.
In the same way as maternity leave which is 14 calendar days for a single birth, the father of the child or the spouse is also entitled to 11 calendar days of leave to take care of the newborn, as well as only 3 more days following birth.
If the birth is twins, triplets or more, the father is entitled to 18 consecutive calendar days of leave. Calendar days run from Monday to Sunday including public holidays, while consecutive days mean it is impossible to split days off.
Revision of the duration as of July 1, 2021
However, even before the due date expires, French law has just decreed an extension of the duration of paternity leave. Thus, from July 1, 2021, paternity leave will increase from 11 calendar days to 25 calendar days added by the 3 days following the birth.
The father or spouse will then be entitled to 28 days of leave. Likewise in the event of multiple births, this right can be revised to 32 consecutive calendar days.
Start of paternity leave
THE future parents are entitled to legal leave within 4 months following the birth of their child. Paternity leave can be taken immediately following the 3 days of birth leave, or later, independently of these 3 days of entitlement.
The law provides that from July 1, 2021, the father must take leave of 4 consecutive days with the 3 days of legal right. He will thus be able to stay at home to take care of his child for 7 days following the birth.
Obligations towards the employer
An employee whose wife is expecting a child is required to notify his employer at least one month before the date of his departure on paternity leave. He must therefore specify in his request the start and end date of his leave. He can make his request in writing, by registered letter with acknowledgment of receipt, or orally.
Exceptions to paternity leave
An exception to the paternity leave rule may be observed in certain specific circumstances.
In case of physical incapacity of the mother
The father has the right to take 10 weeks of postnatal leave in the event that the mother is completely unable to care for the newborn, due to illness requiring hospitalization, or postnatal death.
In the event of postnatal hospitalization of the child
In the event of an illness affecting the newborn and requiring immediate hospitalization after birth, the father is entitled to leave of 30 consecutive calendar days, in addition to the legal duration of paternity leave.