Companies that employ talent in France must offer a range of paid parental leave benefits. This includes maternity leave starting up to six weeks before the birth of a child, paternity leave, and adoption leave for both parents.
This article will provide an overview of French maternity and paternity leave laws and your legal obligations when employing talent in France.
How Long is Maternity Leave in France?
The standard maternity leave duration is 16 weeks for the birth of one child, including six weeks of prenatal leave before the expected due date and ten weeks post-birth. Mothers are required to take at least eight weeks of leave, including six weeks following the delivery date. For all births after the third child, mothers receive 26 weeks of leave.
Maternity leave in France can be extended under certain circumstances, such as in the case of multiple births. This includes:
- Twins: 34 weeks (12 weeks before birth, 22 weeks after)
- Triplets or more: 46 weeks (24 weeks before birth, 22 weeks after)
- Complications during birth: Up to two weeks before the delivery date and four additional weeks after birth
- Premature birth: Additional leave depending on the specific circumstances
Paid maternity leave is mandatory for new mothers employed in France, and employee contracts are suspended during that time. Employers who do not follow the prohibition on employment during prenatal and postnatal leave may be fined up to €1,500 and required to pay damages to the employee.
Maternity Leave Pay and Employment Protections
The French Social Security system, not the employer, provides maternity pay, which is calculated based on the employee’s average daily earnings over the three months preceding the leave.
Although contracts are suspended during maternity leave, French law protects pregnant employees from dismissal during that time, even in cases of gross negligence.
How Long is Paternity Leave in France?
French paternity leave is 25 calendar days. This includes a mandatory four-day period immediately following the birth, and an additional 24 days of paternity leave which can be taken within six months of the child’s birth. For multiple births (twins or more), the additional leave is extended to 32 working days.
The French Social Security system provides paternity pay, which is calculated based on the father’s average daily earnings over the three months preceding the leave, subject to a cap. Employers have the option to supplement this payment with additional benefits.
Fathers must notify employers at least one month before the planned leave to be eligible for paternity leave.
What is France’s Unpaid Parental Leave Policy?
Following maternity or paternity leave, parents in France have the right to take unpaid parental leave for childcare, or to return to work part-time.
This leave period can be taken anytime between six months and three years after the child’s birth. The initial maximum duration for unpaid leave is one year. Depending on circumstances, unpaid leave can be renewable up to five times.
Parental leave can be divided between parents and taken simultaneously or alternately. If the employee has been with the employer for at least one year before the child’s birth, the employer cannot refuse their request for parental leave.
Does France Offer Paid Leave for Adoption?
Yes, adoptive leave is available in France for employees adopting a child from:
- The Child Welfare Service (ASE): State-run organization responsible for child protection and family support services
- The French Adoption Agency (AFA): Non-profit organization authorized by the French government to facilitate adoptions
- A French body authorized for adoption: Could be another non-profit organization or a specific entity designated for this purpose
- A decision by a competent international authority: Requires the child to have the necessary authorization to enter the country
The adoptive mother of a single child is entitled to 10 weeks of paid leave. If adopting more than one child, leave is extended to 22 weeks. Adoptive fathers are entitled to three days of paid leave immediately following the adoption, and 25 days of paternity leave which must be taken within the first four months following the adoption date.
Similar to maternity leave, the duration of adoption leave for mothers can vary depending on the number of children already in the family:
- No children or one child at home: 10 weeks (single-child adoption) or 22 weeks (multiple-child adoption)
- Two or more children at home: 18 weeks (single-child adoption) or 22 weeks (multiple-child adoption)
If both adoptive parents request leave it can be split. The minimum duration of one parent’s leave is 25 days.
As with maternity and paternity leave, the French Social Security system pays for adoption leave. The amount is based on the parent’s average daily earnings over the three months preceding the leave and is subject to a cap. Employers may choose to offer additional benefits or more flexible leave arrangements.
Caregiver Leave
French employees are entitled to unpaid leave to care for a sick or injured dependent child under 16, regardless of their length of employment. Typically, three months of leave are allowed and employees must provide their employer with documentation of the child’s medical condition.
Additionally, employees can take unpaid leave to care for a disabled relative or a relative suffering from a severe loss of autonomy, provided the relative is a French resident. Employees must request this leave one month in advance.
During both types of leave, the employment contract is suspended, and the leave is typically unpaid, though employees taking caregiver leave may qualify for the government’s daily caregiver allowance (AJPA), capped at 66 days per year.
As of January 1, 2023, the AJPA pays €62.44 per day or €31.22 per half day.
Hire Global Talent in France
Keeping track of employment laws involves time and effort for businesses hiring internationally. An Employer of Record (EOR) simplifies international hiring by acting as the legal employer for a company’s remote talent.
EORs are especially helpful when navigating complex employment laws, such as parental leave regulations in France. EORs handle HR tasks, ensure compliance with local labor laws, and manage payroll and benefits, like parental leave.
Book a demo to learn more about how an EOR can help you mitigate legal risks and streamline recruiting and retaining international talent.
