Can paternity and childcare leave be taken following birth leave?
Verified 05 October 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, you can take your paternity and foster leave following your birth leave. We explain the conditions of application of the regulations.
Your birth leave and your paternity and childcare leave can be taken one after the other.
Step-by-step approach
You must first take your birth leave.
This leave is obligatory.
The duration of the birth leave is 3 days working days.
Your leave begins, according to your choice :
- Either the day your child is born
- Let's say 1er working day following the day of birth.
To prove your entitlement to birth leave, you must provide your employer with a copy of the birth certificate of your child.
You must then take your paternity and childcare leave.
The duration of your paternity and foster care leave is 25 days calendars (or 32 days in case of multiple birth).
There is a period of paternity leave and child care leave obligatory of 4 days calendars which is to be taken immediately following your birth leave.
Example :
An employee whose child is born on a Saturday is entitled to a 3-day birth leave. Birth leave is calculated as working days. The leave therefore starts on the 1ster it takes place from Monday to Wednesday, the working day after birth. The employee must also immediately take his or her 4 compulsory days of paternity and childcare leave. This paternity and childcare leave is counted as calendar days, or from Thursday to Sunday. The employee must therefore take cumulative leave from Monday to Sunday.
Then you're left 21 days calendars (or 28 days in the case of multiple births) of paternity and childcare leave.
You must take imperative these 21 days in 6 months after birth of the child.
The second period of your 21-day leave can be split.
You can take these 21 days at once or in up to 2 periods.
Each period must have a minimum duration of 5 days.
Example :
your child is born on monday, september 11, 2023, you can take your leave as follows
- Birth leave of 3 working days from monday 11 to wednesday 13 september 2023 inclusive
- Compulsory period of paternity leave and foster care for the child of 4 calendar days from thursday 14 to sunday 17 september 2023 inclusive
- Split period of paternity leave and foster care for the child of 5 calendar days from monday 25 to friday 29 september 2023 inclusive then from 16 calendar days from Monday 9 to Tuesday 24 October 2023 inclusive
You must notify your employer at least 1 month before the start of paternity and childcare leave.
You specify the start and end dates of the leave that you want to take.
You can make your request paternity leave and childcare before birth of your child.
FYI
If the child is hospitalized immediately after birth, a specific leave may be granted.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
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The informants who answer you belong to the ministry responsible for labor.
Paternity and childcare leave