France: details of the new one-month paternity leave

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The Social Security Financing Bill (PLFSS, legislative file here) adopted on 07 October in the Council of Ministers details the terms of the new 25-day paternity leave announced by President Macron on 23 September (c.f. article No.12140). After the birth of a child, the salaried father will benefit from 25 calendar days of paternity and child reception leave (or 32 calendar days for multiple births). The leave period is to be distributed as follows: 4 calendar days immediately following the current childbirth leave (already in force for a minimum of three days), and then a further 21 calendar days, (or 28 calendar days for multiple births). This total of 25 days, which replace the current 11, are in addition to the 3 childbirth days and with therefore amount to a total of one month (28 days) leave. A subsequent decree will specify the relevant notice periods, the period within which the days of leave must be taken, and the arrangements for splitting the overall leave period. The bill introduces a strict prohibition on employers requiring fathers return to work during the 3 days of the childbirth leave and the mandatory and immediately subsequent 4 days. A total of 7 days of the total month of paternity leave must be taken from the month (unless the father is ineligible for the compensation provided during this period due to insufficient social security rights). The compensation received during these 25 (32) days is aligned with the maternity related daily allowance. While the bill has yet to be adopted, the government expects this new leave period to apply to children born or adopted on or after 01 July 2021.

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