A Simple Guide to Maternity and Paternity Leave in France

PUBLISHED ON OCTOBER 18, 2024 | VIBHU AGARWAL

Bringing a new life into the world is one of the most transformative experiences for families—and the support you receive during this time can make all the difference. France takes parental leave seriously, offering some of the most generous policies globally, to help families thrive.

Whether you're an employer navigating these regulations or a parent preparing for this exciting chapter, this guide has got you covered with all the essentials you need.

Maternity leave in France

How long is maternity leave in France, and how does it work for different situations?

1. 16 weeks for the first and second child (6 weeks before birth and 10 weeks after).
2. 26 weeks for the third child.
3. 34 weeks for twins.
4. 46 weeks for triplets or more.
5. If the mother already has two dependent children, she can bring forward the start of her prenatal leave by up to 2 weeks, reducing the postnatal leave accordingly.
6. For twins, prenatal leave can be brought forward by up to 4 weeks, with a corresponding reduction in postnatal leave.

What mandatory maternity leave do I need to take as a mother?

1. Every new mother must take at least 8 weeks of leave (6 weeks postnatal). This is non-negotiable and ensures that mothers get essential rest and bonding time with their newborns.
2. This requirement is laid out in Article L. 1225-17 of the french labor code.

How will I be paid during maternity leave, and what job protections do I have?

1. Maternity leave results in the suspension of the employment contract, with job protection guaranteed throughout the leave. The employer cannot refuse the maternity leave request.
2. Paid through social security, covering around 80% of the mother's average salary, up to a cap.
3. Payments are based on the last three months of gross earnings.
4. Mothers are guaranteed job protection during their leave and for 10 weeks following the end of their maternity leave, ensuring career continuity.
5. In case of a pathological condition certified by a medical professional, maternity leave can be extended by an additional 2 weeks before birth and by 4 weeks after birth.
6. If the birth occurs before the expected date, the unused portion of prenatal leave is carried over to the postnatal leave period, ensuring no reduction in total leave duration.

How do I declare my pregnancy?

1. A pregnancy declaration must be made during the first 14 weeks to the Health Insurance Fund and the Family Allowance Fund. This allows you to receive support and care throughout the pregnancy.
2. After pregnancy confirmation, an initial prenatal examination with a doctor or midwife must be carried out. During this examination, the health professional will declare the pregnancy either online or with a paper form.
3. Online declaration: The health professional can declare the pregnancy online using the Vitale card. No further steps are needed with the CAF or the health insurance fund—it is automatic, secure, and fast.
4. Paper declaration: A three-part form titled “First prenatal medical examination” must be filled out:
   • The blue section is sent to the CAF.
   • The pink section is sent to the primary health insurance fund.
5. Declaring your pregnancy before the end of the third month ensures you can benefit from pregnancy coverage under maternity insurance as soon as possible. Updating your Vitale card quickly is essential.

Why do I need to declare my pregnancy?

1. These declarations certify the condition of the expectant mother and open rights to pregnancy care and future family benefits.
2. Family benefits: The pregnancy declaration allows you to receive future family benefits known as the “young child reception benefit” (Paje). Eligibility for benefits depends on income, so checking with the Family Allowance Fund is recommended.
3. Health insurance coverage: The declaration ensures 100% health coverage from the first day of the sixth month until twelve days after delivery, including:
   • Reimbursement of all medical examinations.
   • Coverage of hospitalization costs for childbirth.
   • Eight childbirth preparation sessions.
   • Sixteen weeks of maternity leave for expectant mothers.

Paternity leave in France

How much paternity leave can I take in France?

1. 25 days of paternity leave.
2. Additional 7 days for multiple births.
3. The first 4 days are mandatory to ensure presence during the crucial early moments.
4. Fathers may extend leave by up to 30 days if the newborn is hospitalized for more than 6 weeks after birth.

How do i inform my employer, and what are the payment terms for paternity leave?

1. Fathers must notify employers at least one month before taking leave.
2. The first 3 days are paid by the employer; the rest is covered by social security.
3. Social security payments help families financially during this significant transition.
4. In the event of the death of the mother during maternity leave, the father can suspend his employment contract for the remainder of the period to care for the newborn, benefiting from similar protections against dismissal.

Parental leave and adoption leave

Can both parents take leave to care for our child, and how long is parental leave?

1. Both parents can take unpaid leave to care for their child, providing up to three years of flexibility.
2. Leave can be taken full-time or part-time, helping parents balance work and family life as stipulated in Article L. 1225-47 of the french labor code.
3. Shared parental leave can be renewed, allowing parents to tailor their time off according to their family’s needs.

What are my rights as an adoptive parent in France?

1. Adoptive parents have similar leave rights as biological parents.
2. For adopting a child, mothers are entitled to 10 weeks of leave, which extends if multiple children are adopted.
3. Fathers receive 3 days of paid leave, plus the standard paternity leave, ensuring support during the adoption process.

How much daily allowance will I receive?

1. The daily allowance is based on the average salary over the 3 months prior to maternity leave, or over the previous 12 months for seasonal or non-continuous activity.
2. Salaries are considered up to the monthly social security ceiling for the current year (e.g., €3,864.00 as of January 1, 2024). For seasonal or non-continuous activities, earnings from the previous 12 months can also be used.
3. As of January 1, 2024, the maximum daily maternity allowance is €100.36 per day after deduction of 21% for social charges (CSG and CRDS).
4. To estimate your benefits, use the Simulator tool from Health Insurance to calculate your daily maternity or paternity benefits.

Employer responsibilities and employee rights

What are my employer’s responsibilities regarding parental leave?

1. Employers must ensure they comply with all parental leave regulations to avoid legal issues.
2. Encouraging a family-friendly culture can help retain talent and foster employee loyalty.

How does job protection work for employees on maternity or paternity leave?

1. Both maternity and paternity leave provide job protection. Employees are entitled to return to the same role or an equivalent position without loss of pay or benefits.
2. Employees returning from maternity leave are entitled to additional protection against dismissal for 10 weeks following their return, ensuring stability during this period.

What additional benefits can employers provide beyond statutory requirements?

1. Some companies go beyond the statutory requirements, offering additional benefits like paid time off for medical appointments or access to on-site childcare.
2. These extras help create a more supportive environment, boosting employee satisfaction and engagement.

Personalized support for your pregnancy

French Health Insurance supports expectant mothers from the beginning of their pregnancy. Upon receipt of your pregnancy declaration, your Health Insurance fund will offer you:

1. The guide “My maternity - I am preparing for the arrival of my child”: Answers to common questions on care, medical monitoring, health advice, and leave.
2. A personalized schedule of your medical examinations: Month-by-month details of pregnancy follow-ups and coverage.
3. Consultation checklist: This checklist “Preparing for your next consultation” helps prepare for upcoming doctor or midwife visits.
4. A memo for future parents: Covers administrative tasks, medical monitoring, and practical information for pregnancy and beyond.
5. A personalized service on your ameli account: Activate “You are expecting a child” on ameli.fr for monthly pregnancy updates.
6. Collective workshops: Get administrative and health advice. Contact your health insurance fund for more details.

Conclusion

Maternity and paternity leave in France doesn't have to be difficult. Whether you’re a parent getting ready for this new time or an employer making sure to follow the rules, it's important to understand the basics. France has supportive policies to help families and keep talented employees. By using this guide, both employers and employees can feel prepared for this journey.

Remember, it's about finding a balance: taking care of your family, your job, and each other.

Download our checklist for maternity and paternity leave in France to confidently navigate the process as an employer or parent.

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