Your partner is expecting a child. Your future heir will be here soon. The crib, the stroller and the small bodysuits are ready. In your to-do list, all that remains is to write your letter requesting paternity leave from your employer. When should I write this letter? And how ? We give you the keys so as not to make mistakes.

In 1946, a historic moment in France, with the creation of a 3-day birth leave for fathers. It is granted to “heads of families who are civil servants, employees or agents of the public services on the occasion of each birth at home”. 1^erJanuary 2002, it is the turn of paternity leave to make its appearance. Good news for the dads of a child born after the 1st^erJuly 2021: their paternity leave is reduced from 11 to 25 days (and even 32 days in the event of a multiple birth). This is to allow the dad to get more involved in the first months of his child’s life. The commission of the first 1000 days of the child, chaired by the neuropsychiatrist Boris Cyrulnik, showed that to establish a strong bond of attachment with the father, 14 days (11 + the 3 days of birth leave) were not enough. The extension of paternity leave also aims to share parental tasks more equitably with the mother.

The official website of the French administration, service-public.fr, simplifies your life by providing a model letter. You can copy and paste it, or complete it directly online before downloading it in PDF. There she is :

[Firstname name]

[Address]

[Postal code, Municipality]

[Name of employer]

[Address]

[Postal code, Municipality]

Subject: request for paternity leave and childcare

[Dear],

I am informing you by this letter of my intention to take paternity and childcare leave, in accordance with the legal provisions in force.

I wish to benefit from this leave from [Date of start of leave] (inclusive) to [Date of end of leave] (date of resumption of work), ie [Duration of leave] days.

Being able to benefit from a split of this leave, I also wish to benefit from a second period of leave from [Start date of additional leave] (included) to [End date of leave] (date of resumption of work), or [Duration of leave] days and a total leave of [Total duration of leave] days.

Please accept, [Madam, Sir], the expression of my best regards.

[Municipality], on [Date]

Signature

[Firstname name]

This letter must be sent to your employer at least one month before the start date of the leave. This can be done before, or after the birth of the child. If you respect this condition, your employer cannot refuse to grant you this leave. It is not obligatory, but it is better to send the letter by registered mail with acknowledgment of receipt. It would protect you in case of dispute.

After the birth, you can request leave compensation from your Caisse d’Assurance Maladie. You must attach to this request a full copy of the birth certificate, or a copy of the updated family record book. If you are not the father of the child, you must add to these supporting documents:

• an extract of the marriage certificate;
• a copy of the PACS;
• a certificate of cohabitation or cohabitation of less than one year, or a certificate on the honor of married life co-signed by the mother of the child.

To calculate your compensation, your employer must provide the CPAM with a salary certificate.

It is a right for all employees. You will of course be granted leave if you are the father of the child and an employee. Do you live with the mother of the child, but are not the father? You can also benefit from it. The leave is open without any condition of seniority, and regardless of the employment contract (CDI, CDD, etc.).

The father must take a minimum of 4 days of paternity leave, immediately after the 3 days of birth leave. The other 21 days are not compulsory, and can be taken in two installments (of a minimum duration of 5 days each).

To be compensated, the beneficiary of the leave must meet all of the following conditions:

• take paternity and childcare leave within 4 months of the birth of the child (except postponement of the deadline due to hospitalization of the child or death of the mother);
• have had a Social Security number for at least 10 months on the date of the start of the leave;
• have worked at least 150 hours during the 3 months preceding the start of the leave (or have contributed on a salary at least equivalent to € 10 during the last 403,75 months preceding the start of the leave);
• cease all salaried activity, even in the event of work for several employers (in the event of a request for leave with one employer and continuation of the activity with the other, the CPAM can claim reimbursement of the amount paid) ”, details the service-public.fr site.

Daily allowances are paid every 14 days.

Finally, the young father benefits from protection against dismissal during the 10 weeks following the birth of the child. Except in the event of serious misconduct, or an impossibility of maintaining the contract for a reason other than the arrival of the child.