France’s parental leave laws offer parents a flexible, legally mandated path to prepare for the birthing experience and parenthood and, afterward, bond with their child.
Companies that employ talent in France must offer a range of parental leave that begins with paid leave up to six weeks before the birth of a child. Depending on circumstances, parental leave for private sector employees can extend to six unpaid years after a parent has given birth.
Here, we give an overview of French maternity and paternity leave and explore your legal obligations when employing talent in France.
How Long is Maternity Leave in France?
Maternity leave is obligatory for new mothers employed in France. Employers may be fined up to EUR 1,500 and required to pay the employee damages if they do not follow the prohibition on employment during prenatal and postnatal leave.
Employee contracts are suspended during maternity leave, which has a standard duration of 16 weeks for the birth of one child, including six weeks before the expected due date and ten weeks after the birth.
Maternity leave in France can be extended under certain circumstances, including:
- Twins: 34 weeks (12 weeks before birth, 22 weeks after)
- Triplets or more: 46 weeks (24 weeks before birth, 22 weeks after)
- Complications during birth: Up to two weeks before the delivery date and four additional weeks after birth
- Premature birth: Additional leave depending on the specific circumstances
Maternity Leave Pay
Rather than being paid directly by the employer, the French Social Security system provides maternity pay, which is calculated based on the employee's average daily earnings over the three months preceding the leave.
Maternity Leave Employment Protections
Though contracts are suspended during maternity leave, French law protects pregnant employees. Even in cases of gross negligence, for example, an employee may not be dismissed during maternity leave.
How Long is Paternity Leave in France?
French paternity leave is 25 calendar days.
This includes a mandatory four-day period immediately following the birth and an additional 24 days that can be taken within six months of the child's birth. For multiple births (twins or more), the additional leave is extended to 32 days.
The French Social Security system provides paternity pay and is calculated based on the father's average daily earnings over the three months preceding the leave, subject to a cap. Employers have the option to supplement this payment with additional benefits.
To be eligible for paternity leave, fathers must notify employers at least one month before the planned leave.
What is France’s Unpaid Parental Leave Policy?
Following maternity or paternity leave, parents in France have the right to take unpaid parental leave or return to work part-time.
This leave can be taken anytime six months to three years after the child's birth. The initial maximum duration for unpaid leave is one year. Depending on circumstances, unpaid leave is renewable up to five times.
Parental leave can be divided between both parents and taken either simultaneously or alternately. If the employee has been with the employer for at least one year before the child's birth, the employer cannot refuse their request for parental leave.
Does France Offer Paid Leave for Adoption?
Yes. Adoptive leave is available in France for employees entrusted with a child from:
- The Child Welfare Service (ASE): This is a state-run organization responsible for child protection and family support services.
- The French Adoption Agency (AFA): This is a non-profit organization authorized by the French government to facilitate adoptions.
- A French body authorized for adoption: This could be another non-profit organization or a specific entity designated for this purpose.
- A decision of the competent international authority: This requires that the child has the necessary authorization to enter the country.
No matter the reason for the adoption, the adoptive mother of a single child is entitled to 10 weeks of paid leave. If adopting more than one child, this leave is extended to 22 weeks.
Similar to maternity leave, the duration of adoption leave can vary depending on the number of children already in the family:
- No children or one child at home: 10 weeks (single-child adoption) or 22 weeks (multiple-child adoption)
- Two or more children at home: 18 weeks (single-child adoption) or 22 weeks (multiple-child adoption)
If both parents request adoption leave, the leave can be split, and the minimum duration of one parent's leave is 25 days.
As with maternity and paternity leave, the French Social Security system pays for adoption leave. The amount is based on the parent's average daily earnings over the three months preceding the leave and is subject to a cap.
Employers may choose to offer additional benefits or more flexible leave arrangements.
Caregiver Leave
French employees are entitled to unpaid leave to care for a sick or injured child under 16, regardless of their length of employment. Typically, this allows for three months of leave.
To take this leave, employees must provide their employer with documentation of the child’s medical condition.
Additionally, employees can take unpaid leave to care for a disabled relative or a relative suffering from a severe loss of autonomy, provided the relative is a French resident. Employees must request this leave one month in advance.
During both types of leave, the employment contract is suspended, and the leave is typically unpaid, though employees taking caregiver leave may qualify for the daily caregiver allowance (AJPA) from the government, capped at 66 days per year.
As of January 1, 2023, the AJPA pays EUR 62.44 per day or EUR 31.22 per half day.
Hire Global Talent in France
Keeping track of employment laws, such as parental leave laws in France, can be difficult for businesses hiring internationally. An Employer of Record (EOR) simplifies international hiring by acting as the legal employer for a company's remote talent.
EORs are especially helpful when navigating complex employment laws, such as parental leave regulations in France. EORs handle HR tasks, ensure compliance with local labor laws, and manage payroll and benefits, like parental leave.
Book a demo to learn more about how an EOR can help you mitigate legal risks and streamline how you recruit and retain your international talent.
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