Paternity and childcare leave is a right recognized by law, open to any employee on the occasion of the birth of their child. The Absolute Human Resources working group explains the implementation arrangements.
The July 2021 reform of the Social Security financing law made this leave partly obligatory. During this leave, the employee has the right to be absent from work while benefiting from compensation paid by Social Security. All employees can benefit from it. This leave is granted without condition of seniority, to all employees, whatever their type of employment contract. Employers cannot refuse to take this leave. Paternity leave amounts to twenty-five consecutive days for the birth of a child and thirty-two consecutive days for a multiple birth.. It has two distinct periods. A first compulsory period of four days which begins immediately after the three-day birth leave compensated by the employer following the birth of the child. A second non-obligatory period of twenty-one days for a single birth or twenty-eight days for a multiple birth. This second period can be divided into three parts, the shortest of which is at least five days., and must be taken within six months of the birth of the child. Attention ! If all the days are not taken, they will be lost and not compensable.
Unavoidable formalities
The employee must inform his employer of the expected date of delivery, and the start date of the leave period(s), at least one month before these. He must also send a copy of the birth certificate. The employer must establish a salary certificate and send it to the CPAM or the MSA at the same time as the dates of the leave.. Attention : if the employee splits his paternity leave, it is necessary to produce a certificate for each period of leave. If the salary certificate is produced on www.net-entreprises.fr, do not forget to attach the leave date splitting table via their new DEPOFI service.
The employment contract is suspended
Paternity and childcare leave results in suspension of the employee's employment contract. On his return, he must return to his previous job, or failing that a similar job with equivalent pay.
