Contents
Who is entitled to paternity leave?
Everyone has the right to paternity leave! Whether you are on CDD, CDI, part-time, temporary, seasonal and whatever your personal situation : married, civil union, divorced, separated, common-law. the Paternity leave is open to the person living in a conjugal relationship with the mother, regardless of the filiation link with the child.
To benefit from it, you must however justify certain conditions :
- having contributed on a salary at least equal to 1015 times the amount of the hourly minimum wage during the 6 calendar months preceding the start of paternity leave.
- if you have a seasonal or discontinuous activity, you must have worked at least 600 hours or have contributed a salary at least equal to 2030 times the amount of the hourly minimum wage in the year preceding the start of paternity leave.
Warning : during paternity leave, the employment contract is suspended. Only the first 3 days of reception of the child are the responsibility of the employer. He is compulsory to cease all salaried activity, even in the event of work for several employers, under penalty of sanction, to benefit from daily allowances.
What steps to take to benefit from paternity leave?
First of all, it is necessary notify your employer 1 month before the start date of paternity leave and indicate its duration, orally, in writing or by registered letter with acknowledgment of receipt.
Then you will need to provide your health insurance fund elements such as: the full copy of the birth certificate or the copy of the family record book or the copy of the baby’s recognition certificate as well as a proof of termination of professional activity.
How much for daily allowances?
Daily allowance that you receive during your paternity leave is equal to what is called the basic daily gain. The latter is calculated on wages* 3 months (or 12 months in the event of seasonal or discontinuous activity) preceding your leave, taken into account within the limit of the monthly social security ceiling for the current year (i.e. € 3 as of January 428,00, 1).
Le maximum amount on January 1, 2021 of the daily allowance paid during paternity and childcare leave is 89,03 € per day.
*These are your salaries from which we withdraw a 21% flat rate, representative of the employee share of contributions and contributions of legal or contractual origin made compulsory by law.
It should be noted : before their payment, your daily allowances are reduced by 0,50% under the contribution to the reimbursement of the social debt (CRDS) and 6,20% under the generalized social contribution (CSG). Also, do not forget that they are subject to income tax, you must therefore declare them!
What benefits for unemployed fathers?
The law provides for the possibility of receiving daily allowances during your paternity leave under certain conditions:
- you benefit from an employment center allowance or you have benefited from it in the last twelve months ;
- you have ceased your professional activity for less than twelve months.
In addition, you must also meet the conditions related to the duration of contributions and work.
It should be noted : the daily allowance is equal to the basic daily earnings calculated on the average of your last three months worked (12 months if your activity was seasonal or discontinuous) which precedes the start of your unemployment or the end of your activity. The limit is also the Social Security ceiling on January 1, 2021, ie € 3. The method of calculating the daily allowance is therefore the same as for an employee. the maximum amount on January 1, 2021, the daily allowance paid during paternity and childcare leave is 89,03 € per day.
Paternity leave: company agreements
Some companies favor family policy more than others by offering employees who wish to take advantage of paternity leave the maintenance of their salary by paying additional compensation to that of Social Security. This is the case, for example, for companies like AXA France, L’Oréal, Areva or the National Union of Family Associations (UNAF), of a smaller scale with 65 employees, but which, in addition, grants three additional days to the legal duration, either 14 days or 21 days in the event of multiple births. Proof, according to the report of the Observatory of parenting in business, that a small employer (less than 100 employees) can also be proactive in encouraging fathers to take advantage of their paternity leave! Remember to check if your company provides for such a measure !
Is it possible to combine daily allowances with other aids?
Please note, throughout the duration of paternity and childcare leave, your daily allowances paid by Social Security cannot be combined with :
– those paid during a sick leave
– The free choice of activity supplement to the childcare benefit at full or partial rate
– thedaily parental presence allowance (AJPP)
– allowances paid by Pole Emploi