Only 70% of fathers who work in the private sector take advantage of the paternity leave which was introduced in January 2002. To strengthen this right and allow both parents to better welcome their baby, a very important measure comes into force from July 1st. It is the extension of this paternity leave, the duration of which will be reduced from 11 days (14 days by cumulating the birth leave of 3 days) to 25 days (28 days with the birth leave).
A decree published in the Official Journal on May 12, 2021 specifies its terms, but it is also possible to get information from the Health Insurance, whichi just posted a briefing note.
Who can benefit ?
Any father of children born or adopted and employee, whatever the nature of his employment contract (CDD, CDI, seasonal contract, etc.) can benefit from paternity leave. There are also the self-employed : craftsmen, traders, farmers and liberal professions, the officials and the military.
This new paternity leave is applicable for children born from July 12021 but also for those born before but whose birth was supposed to take place from this date.
As a reminder, the leave must be taken within 6 months of the birth of the child. This is addressed to the father regardless of the family situation: marriage, PACS, free union, divorce or separation and even if the father does not live with the child or with his mother. It also concerns men who are not the father of the child but are the mother’s spouse and / or her PACS partner.
How many days are we entitled to?
The father is entitled to 25 maximum days (Saturdays, Sundays and public holidays are counted), broken down into two precise periods:
- a mandatory period of 4 days taken the day after the birth leave provided for by the labor code (7 days in total);
- another from 21 calendar days. This second period of leave, which is not compulsory, can be split into several parts (two parts for salaried workers and three parts for self-employed workers, practitioners, medical auxiliaries), the shortest of which is at least equal to 5 days.
For multiple births, the duration of paternity leave is longer: 32 days with a compulsory period of 4 days and another of 28 days.
Note “that in the event of immediate hospitalization of the child after birth, the compulsory period of at least 4 days to be taken immediately after the birth leave is extended throughout the period of hospitalization, within the limit of 30 consecutive calendar days. “, specifies the public service site.
Paternity leave, who should you ask for it?
The request for paternity leave must be made to the employer at least one month before the date you have chosen. You cannot be refused this leave. But if you had planned to take it just after the due date and it is changed, the leave can only be postponed with the agreement of the employer.
When the employee wishes take the leave in several installments, the same one-month notice period must be applied for each split period
To apply for paternity leave, send a simple letter informing your employer that according to article L.122-25-4 of the Labor Code, you wish to benefit from paternity leave. Specify the expected date of birth of the baby, the start and end date chosen.
Attach a photocopy of the family record book, the birth certificate or a medical certificate.
On receipt of this letter, your employer will send the salary certificate to your Primary Health Insurance Fund. The latter will calculate your rights to compensation. When the baby is born, you will give them a copy of the birth certificate.
What benefits do I receive during paternity leave?
Paternity leave is compensated by Social Security under the same conditions as maternity leave: benefits are paid on condition that the employee ceases all professional activity during the duration of the leave.
The conditions to be fulfilled to be compensated:
- be registered as a social insured for at least 10 months from the date of paternity leave;
- justify 150 hours of work in the last three months. Or have contributed on a salary at least equivalent to € 10,403.75 during the last 6 months preceding the start of the leave)
The daily allowance cannot be combined with other such as those paid, for example, in the event of sick leave or parental presence allowance. It is calculated on the average of the salaries of the last three months (or of the 12 months in the event of seasonal or discontinuous activity) within the limits of the ceilings set each year. Agreements in your company may provide for your salary to be maintained during this period.