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Full-time educational parental leave for a private sector employee
Verified 21 March 2023 - Directorate for Legal and Administrative Information (Prime Minister)
On the occasion of the birth or arrival at home of a child, the employee may stop working to care for the child. In this case, he shall be entitled to parental education leave, subject to seniority conditions. The length of leave varies depending on the number of children born or adopted at the same time. The rules are different for the employee of an individual employer. We present you with the information you need to know.
What applies to you ?
General case
The leave is open to any employee with at least 1 year seniority in the company.
The initial duration of parental leave is 1 year maximum.
It may be renewed under the following conditions:
Birth
The length of the leave and its end date vary according to the number of children born (one child or multiple births).
Each renewal period may be longer or shorter than the previous renewal period.
In the event of the child's illness, serious accident or severe handicap, parental leave may be extended for a further maximum year.
A medical certificate must attest to the seriousness of the disease or accident. The certificate shall also certify that the condition of the child makes it necessary for a person to be present with the child for a specified period.
The severity of the disability is recognized when the family perceives it Education allowance for disabled children (AEEH).
Caution : the duration of payment of the PrePerE varies by number of dependent children and family status. It does not therefore necessarily coincide with the duration of parental leave (which may be longer).
Adoption
Adopted child(ren) under 3 years of age
Each renewal period may be longer or shorter than the previous renewal period.
In the event of the child's illness, serious accident or severe handicap, parental leave may be extended for a further maximum year.
A medical certificate must attest to the seriousness of the disease or accident. The certificate shall also certify that the condition of the child makes it necessary for a person to be present with the child for a specified period.
The severity of the disability is recognized when the family perceives it Education allowance for disabled children (AEEH).
Caution : the duration of payment of the PrePerE varies by number of dependent children and family status. It does not therefore necessarily coincide with the duration of parental leave (which may be longer).
Adopted child(ren) over 3 and under 16
In the event of the child's illness, serious accident or severe handicap, parental leave may be extended for a further maximum year.
A medical certificate must attest to the seriousness of the disease or accident. The certificate shall also certify that the condition of the child makes it necessary for a person to be present with the child for a specified period.
The severity of the disability is recognized when the family perceives it Education allowance for disabled children (AEEH).
Initial Request
The employee must inform his employer by registered letter with acknowledgement of receipt (LRAR) or by hand-delivered letter against discharge (receipt). The letter should indicate the start date of the parental leave and its duration.
Initial application for parental leave in the private sector
If parental leave starts immediately after maternity or adoption leave, the employee must inform the employer at least 1 month before the end of this leave (maternity or adoption).
In any other case, the employer must be informed 2 months at least before the start of the leave.
If the employee wishes to take such leave, the employer may not refuse it. If the employer refuses, the employee may apply to the labor council (CPH).
Request for extension or amendment
If the employee intends to extend his leave or modify his part-time work, he shall at least notify the employer 1 month before the end of the initial leave.
The employer cannot oppose the employee's request. If the employer refuses, the employee may apply to the labor council (CPH).
Consequences for the employment contract
During parental leave, the contract is suspended.
Half of the length of leave is taken into account when calculating the employee's seniority.
The employee retains the benefit of all his acquired advantages.
Occupational activity during leave
It is not possible to perform any other employment during parental leave, with the exception of the activity of maternal assistant.
Remuneration
During the leave, the employee is not paid by his employer for the period not worked (except treaty provisions or collective).
On the other hand, it can perceive the basic allowance the Early Childhood Care Benefit (ECEC) from the Caf: titleContent, subject to resource requirements.
In addition to this allowance, the employee may receive the Shared Child Education Benefit (PreParE).
Skills assessment
During the leave, the employee may request to carry out a skills assessment unpaid.
The leave may be terminated early in the event of an agreement between the employee and the employer.
However, the prior agreement of the employer is not required in any of the following cases:
- Death of child
- Substantial decrease in household resources
The employee must then send a registered letter with acknowledgement of receipt (LRAR) to the employer at least 1 month before the date on which he wishes to resume his initial activity.
The employee shall return to his previous or similar employment with at least equivalent remuneration.
After the leave, the employee must return to his previous job or to a similar job with at least equivalent pay.
He's entitled to a professional interview.
The duration of parental leave for full-time education shall be taken into account as actual working time half for the determination of seniority rights.
Employee of the individual employer
The leave is open to any employee who is subject to the national collective agreement of the individual employers and to home employment.
The employee must have at least 1 year seniority in the context of one or more jobs.
The initial duration of parental leave is 1 year maximum.
It may be renewed under the following conditions:
Birth
The length of the leave and its end date vary according to the number of children born (one child or multiple births).
Each renewal period may be longer or shorter than the previous renewal period.
In the event of the child's illness, serious accident or severe handicap, parental leave may be extended for a further maximum year.
A medical certificate must attest to the seriousness of the disease or accident. The certificate shall also certify that the condition of the child makes it necessary for a person to be present with the child for a specified period.
The severity of the disability is recognized when the family perceives it Education allowance for disabled children (AEEH).
Caution : the duration of payment of the PrePerE varies by number of dependent children and family status. It does not therefore necessarily coincide with the duration of parental leave (which may be longer).
Adoption
Adopted child(ren) under 3 years of age
Each renewal period may be longer or shorter than the previous renewal period.
In the event of the child's illness, serious accident or severe handicap, parental leave may be extended for a further maximum year.
A medical certificate must attest to the seriousness of the disease or accident. The certificate shall also certify that the condition of the child makes it necessary for a person to be present with the child for a specified period.
The severity of the disability is recognized when the family perceives it Education allowance for disabled children (AEEH).
Caution : the duration of payment of the PrePerE varies by number of dependent children and family status. It does not therefore necessarily coincide with the duration of parental leave (which may be longer).
Adopted child(ren) over 3 and under 16
In the event of the child's illness, serious accident or severe handicap, parental leave may be extended for a further maximum year.
A medical certificate must attest to the seriousness of the disease or accident. The certificate shall also certify that the condition of the child makes it necessary for a person to be present with the child for a specified period.
The severity of the disability is recognized when the family perceives it Education allowance for disabled children (AEEH).
Initial Request
The employee must inform his employer by registered letter with acknowledgement of receipt (LRAR) or by hand-delivered letter against discharge (receipt). The letter should indicate the start date of the parental leave and its duration.
Initial application for parental leave in the private sector
If parental leave starts immediately after maternity or adoption leave, the employee must inform the employer at least 1 month before the end of this leave (maternity or adoption).
In any other case, the employer must be informed 2 months at least before the start of the leave.
If the employee wishes to take such leave, the employer may not refuse it. If the employer refuses, the employee may apply to the labor council (CPH).
Request for extension or amendment
If the employee intends to extend his leave or modify his part-time work, he shall at least notify the employer 1 month before the end of the initial leave.
The employer cannot oppose the employee's request. If the employer refuses, the employee may apply to the labor council (CPH).
Consequences for the employment contract
During parental leave, the contract is suspended.
Half of the length of leave is taken into account when calculating the employee's seniority.
The employee retains the benefit of all his acquired advantages.
Occupational activity during leave
It is not possible to perform any other employment during parental leave, with the exception of the activity of maternal assistant.
Remuneration
During the leave, the employee is not paid by his employer for the period not worked (except treaty provisions or collective).
On the other hand, it can perceive the basic allowance the Early Childhood Care Benefit (ECEC) from the Caf: titleContent, subject to resource requirements.
In addition to this allowance, the employee may receive the Shared Child Education Benefit (PreParE).
Skills assessment
During the leave, the employee may request to carry out a skills assessment unpaid.
The leave may be terminated early in the event of an agreement between the employee and the employer.
However, the prior agreement of the employer is not required in any of the following cases:
- Death of child
- Substantial decrease in household resources
The employee must then send a registered letter with acknowledgement of receipt (LRAR) to the employer at least 1 month before the date on which he wishes to resume his initial activity.
The employee shall return to his previous or similar employment with at least equivalent remuneration.
After the leave, the employee must return to his previous job or to a similar job with at least equivalent pay.
He's entitled to a professional interview.
The duration of parental leave for full-time education shall be taken into account as actual working time half for the determination of seniority rights.
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Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
He does not respond questions relating to unemployment compensation and representations to France Labor (formerly Pôle emploi), the officials or contractual of the fpublic service, the amount or payment of contributions social, wage or management.
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