Adoption leave in the private sector

Verified 01 January 2025 - Directorate for Legal and Administrative Information (Prime Minister)

You are a private sector employee and you adopt one or more children? You are entitled to adoption leave. We'll outline the rules for this leave.

Adoption leave shall be open to any employee who has been entrusted with a child:

  • Either by the Child Welfare Service (Ase)
  • Either by the French Adoption Agency (Afa)
  • Either by a French body authorized for adoption
  • Or by decision of the competent foreign authority, provided that the child has been authorized to enter France on that basis.

The length of the adoption leave varies depending on the number of adopted children, the number of children you already have dependent on, and whether the leave is divided between the two parents.

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You're adopting a child

The length of the adoption leave varies depending on the number of children you already have dependent on and whether the leave is divided between the two parents.

Tableau - Duration of adoption leave

Number of children

already chargeable

Length of leave

if it is taken by only 1 parent

Length of leave

if it is divided between the two parents

0 or 1

16 weeks

16 weeks + 25 days

2 or more

18 weeks

18 weeks + 25 days

If the leave is shared between the two parents, it may not be longer than 16 or 18 weeks for each parent.

The two parents can take their adoption leave at the same time.

The leave begins, at your option, on the child's date of arrival at your home or during the 7 consecutive days preceding the child's arrival.

You can request that the adoption leave succeed the 3-day leave for the arrival of a child placed for adoption.

You adopt 2 or more children

The duration of the adoption leave shall be:

  • 22 weeks if the leave is taken by only one parent,
  • 22 weeks + 32 days if divided between the 2 parents.

If the leave is shared between the two parents, it may not be longer than 22 weeks for each parent.

The two parents can take their adoption leave at the same time.

The leave begins, at your option, on the child's date of arrival at your home or during the 7 consecutive days preceding the child's arrival.

You can request that the adoption leave succeed the 3-day leave for the arrival of a child placed for adoption.

Your adoption leave normally begins on the date the child arrives in your home.

However, it can start, depending on your choice:

  • Either 7 days prior to arrival the child in your home.
    Example: the child arrives in your home on Monday, January 13, 2025, your leave can start on Monday, January 6, 2025.
  • Either the 1er day workable which follows the arrival of the child in your home.
    Example: the child arrives in your home on Monday, January 13, 2025, your leave can start the next day, Tuesday, January 14, 2025.

Please note

Adoption leave must be taken no later than 8 months according to the date of arrival of the child in your home.

You must notify your employer by letter RARRAR : Recommended with notification of receipt or delivered against receipt or by any device that keeps track of the information made to your employer (e.g. email with acknowledgement of receipt or reading).

You tell your employer the reason for your absence and the date on which your adoption leave begins.

NoHowever, your employer cannot refuse to grant you adoption leave or ask you to extend the date on which the leave begins.

No, during your adoption leave, your employment contract is suspended.

During this suspension, you do not work and you do not receive any salary from your employer.

However, you have right to payment ofIJSSIJSS : Daily social security allowances under the following conditions:

During the adoption leave, any adoptive parent shall be entitled to daily rest allowances if he can prove that he has at least 6 months registration as a social insured on the date of arrival of the child at the home.

In addition, it must comply with one of the following conditions:

  • Have worked at least 150 hours in the three months preceding the child's date of arrival at home
  • Have contributed on the basis of a cumulative salary of at least €12,058.20 within the last 6 months before the child's arrival at the home

You must also obtain the following documents depending on the place of adoption:

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In France

  • Certificate of linking of departmental services of the adoption indicating the beginning of the adaptation period
  • Or investment certificate

Schengen area

  • Copy of your approval for adoption issued by the department of your residence
  • Copy of the foreign decision (adoption or placement decision for adoption)
  • Photocopy of a child's ID
  • Agreement of a Continuing Proceedings Authorization (APA) issued by the Intercountry Adoption Mission (MAI). This document must have a date prior to the adoption decision.
  • Justification of the child's arrival in your home (certificate of the department's services, boarding pass in the child's name, presentation of the child, in particular).

In another country

  • Copy of your approval for adoption issued by the department of your residence
  • Copy of the foreign decision (adoption or placement decision for adoption)
  • Photocopy of the child's passport or other official document containing the visa issued by the International Adoption Mission (MAI)

To calculate your IJSSIJSS : Daily social security allowancesHowever, if you are a monthly employee, you must first determine your basic daily wage.

Your basic daily wage is calculated by first taking into account your total Last 3 salaries received before the date of interruption of work.

This amount is then divided by the coefficient 91,25.

The salary taken into account to calculate your basic daily earnings is capped at the amount of the monthly social security ceiling in force on the last day of the month preceding the work stoppage (either €3,925 per month in 2025).

Social security takes away from this basic daily wage a flat rate of 21%.

The minimum amount of the IJs for adoption is set at €11.02 per day.

The maximum amount is set at €101.94 per day.

Please note

The employment contract or the collective agreement the applicable rules may provide for more favorable conditions of compensation than those of social security, up to and including full maintenance of the salary.

You're collecting IJSSIJSS : Daily social security allowances during your adoption leave at the condition cease all paid work during the period of compensation.

IJSS is paid every 14 days.

At the end of your adoption leave, you return to your previous or similar job with at least the same pay.

During your absence, you receive the same increases as those granted to other employees in the same occupational category.

During your adoption leave, you cannot be fired. However, your employer may terminate your contract in the event of serious misconduct or inability to maintain your contract for any reason other than your adoption leave.

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