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Paternity leave: from 14 to 28 days
Being present with the mother who has just given birth, and the baby who has just been born… This is what paternity leave allows, or the second parent.
Originally created in 2002, it originally provided for 11 calendar days, to which were added 3 days of birth leave. A period considered largely insufficient by many fathers, feminist collectives, as well as by specialists in early childhood. The report: “The first 1000 days of the child” submitted by the neuropsychiatrist Boris Cyrulnik in September 2020, thus recommended an extension of paternity leave, so that the father or second parent is present longer with his child. The objective: to allow fathers to create a strong bond of attachment early on.
Faced with this mobilization, the government announced on September 22, 2020 that paternity leave would be extended to 28 days, including 7 mandatory days.
“Fourteen days, everyone said it was not enough”, explained the President of the Republic during his speech announcing the extension of paternity leave. “It is first and foremost a measure that is favorable to equality between women and men. When the child comes into the world, there is no reason why it should just be the mother who takes care of it. It is important that there is greater equality in the sharing of tasks, “continued Emmanuel Macron, stressing that gender equality was” a great cause of the five-year term “.
Who can benefit from paternity leave?
You can benefit from paternity leave whatever the nature of your employment contract (CDD, CDI, part-time, temporary, seasonal…) and the size of your business. There is no seniority condition either.
Same thing for your family situation, it does not come into play: paternity leave is open to you whether you are married, in a civil partnership, divorced, separated or in a common-law union, the birth of your child constituting the event giving rise to the right to this leave. You can also request it if your child lives abroad or if you don’t live with him or his mom. In any case, your employer cannot refuse to grant it to you.
It should be noted : “Paternity and childcare leave” is not only reserved for the father, it is open to the person living in a conjugal relationship with the mother, regardless of his filiation link with the child who has just been born. This can be the mother’s partner, the partner who has entered into a PACS with her, and also the same-sex partner.
How long is paternity leave?
From July 1, 2021, the father or the second parent will benefit from 28 days of leave, which will be entirely payable by Social Security. Only the first three days will remain the responsibility of the employer.
This extension will come into force on July 1, 2021. New: out of the 28 days of paternity leave, 7 days will be compulsory.
Note: the law allows you to take a paternity leave shorter than the legal duration to which you are entitled. From July 1, 2021, it cannot be less than the mandatory 7 days. But be careful, once you have chosen the number of days that suits you and informed your employer, you cannot go back on your decision. In addition, paternity leave cannot be split.
When can you take paternity leave?
You have the choice between taking your paternity leave following the 3 days of birth leave or, if you prefer, within 4 months of the birth of the child. Note that the end of your leave may continue beyond the end of the 4 months authorized. Example: your baby was born on August 3, you can start your paternity leave on December 2 if you wish. Remember, however, that the first three months of a baby’s life are also the most tiring for parents. The presence of the father is more than desired during this period, especially if the mother does not have any help at home.
The law provides for the possibility of postponing paternity leave in certain situations:
- in the event of hospitalization of the child : paternity leave then begins within four months of the end of the hospitalization; It is also extended.
- in the event of the mother’s death : paternity leave can begin within four months of the postnatal maternity leave granted to the father.
In video: Does my partner have to take paternity leave?
Paternity leave: what steps to take to benefit from it?
To your employer : just l” notify at least one month before the date where you want your paternity leave to start, and tell them how long you choose. The law allows you to inform them orally or in writing, but if your employer requires you to send them a registered letter with acknowledgment of receipt, you must respect his request. This last method, as well as the letter delivered by hand against discharge, is also recommended even if your employer does not oblige you to do so, in order to avoid misunderstandings! If you ever wish to postpone the dates of your paternity leave, you can only do so with the agreement of your employer.
It should be noted : during your paternity leave, your employment contract is suspended. You must therefore not work during the period of his suspension. In return, you will not be remunerated (except for contractual provisions), but you can, under certain conditions, receive daily allowances. Finally, note that your paternity leave is taken into account in the calculation of your seniority, and that you benefit from your social protection. On the other hand, paternity leave is not assimilated to actual work for the purpose of determining your paid leave.
To your health insurance fund : you must provide him with various supporting documents. Either a full copy of thebirth certificate your baby, either a copy of your up-to-date family record book or, where applicable, a copy of your baby’s recognition certificate. You must also justify to your Caisse that the your professional activity.