Paternity and childcare leave in the public service
Verified 25 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)
You're a public official and you've just been a father or you live as a couple with the mother of the child? You can benefit from paternity and childcare leave. We present the rules applicable to this leave depending on whether you are a public servant or a contract employee.
Official
You are entitled to paternity and childcare leave after the birth of a child in the following cases:
- You are the father of the child and you may or may not live with the mother
- You live as a couple with the mother, without being the father of the child
You can benefit from paternity and childcare leave whether you are a probationary official or holder.
You can take paternity and childcare leave if you are in position of employment or secondment.
The length of paternity leave varies depending on whether a child is born or whether a child is born multiple times.
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Birth of child
The duration of the leave shall be 25 calendar days maximum.
Of these 25 calendar days, 4 must be taken consecutively and immediately after 3-day birth leave.
You can choose to take the remaining 21 calendar days continuously or split into up to 2 periods of at least 5 days each.
These 21 days should be taken within 6 months of birth.
If the child is immediately hospitalized after birth in a specialized care unit, the period of leave of 4 consecutive days may be extended, during the period of hospitalization, up to a maximum of 30 consecutive days.
You have to ask for it.
Your employer administration cannot refuse this extension.
The specialized hospital care units for the child eligible for this additional period of leave are as follows:
- Neonatal units
- Neonatal resuscitation units
- Neonatal and infant pediatric units
- Undifferentiated pediatric and neonatal resuscitation units
The 21-day period should then be taken within 6 months of the end of hospitalization.
Multiple birth
The duration of the leave shall be 32 calendar days maximum.
Of these 32 calendar days, 4 must be taken consecutively and immediately after 3-day birth leave.
The remaining period of 28 calendar days can be divided into 2 periods of at least 5 days each.
These 28 days should be taken within 6 months of birth.
If a child is immediately hospitalized after birth in a specialized care unit, the 4 consecutive days of leave may be extended, during the period of hospitalization, up to a maximum of 30 consecutive days.
You have to ask for it.
The administration cannot refuse this extension.
The specialized hospital care units for the child eligible for this additional period of leave are as follows:
- Neonatal units
- Neonatal resuscitation units
- Neonatal and infant pediatric units
- Undifferentiated pediatric and neonatal resuscitation units
The 28-day period should then be taken within 6 months of the end of hospitalization.
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Before the child is born
You must submit your application for paternity leave to your head of department at least 1 month before the expected date of delivery.
You can write your leave request using the following template:
Applying for paternity and childcare leave
In support of your leave request, you must provide the following documents:
- Copy of the pregnancy certificate issued by the doctor or midwife following the pregnancy
- Document proving that you are the father of the child or the person who lives with the mother (extract of marriage certificate or copy of Civil partnerships: titleContent or certificate of common life or cohabitation dating from less than one year or certificate on the honor of marital life co-signed by the mother of the child)
Your request should include the expected date of delivery and the dates and duration of the leave period(s).
Within 8 days of giving birth, you must submit a document justifying the birth of the child:
- Full copy of birth certificate
- Or copy of updated family record book
- Or a copy of the child's acknowledgement
- Or, in the case of the birth of a lifeless child, a copy of the lifeless child certificate and a medical certificate for the birth of a child born dead and viable
One month before your second 21- or 28-day leave period, you must confirm to your head of department your leave dates and, in case of splitting of this period, the dates of each of the two periods.
In case of premature birth, your leave starts without delay and you can take the second 21- or 28-day leave period in the month following the birth.
You should inform your administration without delay.
You must submit any documentation justifying the premature birth of the child within 8 days of delivery.
Whether the child is hospitalized immediately after birth
If the child is hospitalized immediately after birth, you must send your request for postponement of leave and any document justifying the hospitalization of the child to your head of department within 8 days of the hospitalization.
You can write your leave request using the following template:
In the event of death of the mother at the time of delivery
If you are the father of the child, you can benefit from the maternity leave postnatal.
If the child's father did not apply for postnatal maternity leave, you can take this leave if you were living in a relationship with the mother.
You must send your request for postponement of paternity leave and any documents justifying the death of the mother to your head of department within 8 days of the death.
If you have taken postnatal maternity leave, paternity leave must be taken within 6 months of the end of this postnatal leave.
You can write your leave request using the following template:
During your paternity leave, you continue to receive your full index treatment.
You continue to collect in full the residence allowance and the new index enhancement (NBI) if you are receiving these compensation supplements.
If you already touch the family treatment supplement (FTS), it also continues to be paid in full to you during your leave.
The SFT for the new child is paid to you from 1er day of the month following the month of arrival.
You continue to receive your full premiums and allowances.
Paternity leave shall be considered as a period of employment for theadvancement in step and grade and retirement.
Paternity leave does not affect your entitlement to other leave (annual leave, sick leave, etc.).
You retain your vested rights before the start of your leave, which you were unable to exercise because of your leave. This includes the right to annual assessment and annual interview and the right to training.
If you work part-time, you are automatically reinstated full-time during your paternity leave.
At the end of your leave, you are reassigned to your position.
If this is not possible, you are assigned to an equivalent job, closest to your last place of work.
You can apply to be posted to a job closer to home, if the transfer priorities granted to certain officials so allow.
FYI
If you are a probationary public servant, paternity leave extends, under certain conditions, your internship period without changing your tenure date.
Contractual
You are entitled to paternity and childcare leave after the birth of a child in the following cases:
- You are the father of the child and you may or may not live with the mother
- You live as a couple with the mother, without being the father of the child
You can benefit from paternity and childcare leave whether you are in CSD: titleContent or DTA: titleContent.
You can take paternity and childcare leave if you are working (i.e. if you are not on unpaid leave: parental leave, mobility leave, etc.).
The length of paternity leave varies depending on whether a child is born or whether a child is born multiple times.
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Birth of child
The duration of the leave shall be 25 calendar days maximum.
Of these 25 calendar days, 4 must be taken consecutively and immediately after 3-day birth leave.
You can choose to take the remaining 21 calendar days continuously or split into up to 2 periods of at least 5 days each.
These 21 days should be taken within 6 months of birth.
If the child is immediately hospitalized after birth in a specialized care unit, the period of leave of 4 consecutive days may be extended, during the period of hospitalization, up to a maximum of 30 consecutive days.
You have to ask for it.
Your employer administration cannot refuse this extension.
The specialized hospital care units for the child eligible for this additional period of leave are as follows:
- Neonatal units
- Neonatal resuscitation units
- Neonatal and infant pediatric units
- Undifferentiated pediatric and neonatal resuscitation units
The 21-day period should then be taken within 6 months of the end of hospitalization.
Multiple birth
The duration of the leave shall be 32 calendar days maximum.
Of these 32 calendar days, 4 must be taken consecutively and immediately after 3-day birth leave.
The remaining period of 28 calendar days can be divided into 2 periods of at least 5 days each.
These 28 days should be taken within 6 months of birth.
If a child is immediately hospitalized after birth in a specialized care unit, the 4 consecutive days of leave may be extended, during the period of hospitalization, up to a maximum of 30 consecutive days.
You have to ask for it.
The administration cannot refuse this extension.
The specialized hospital care units for the child eligible for this additional period of leave are as follows:
- Neonatal units
- Neonatal resuscitation units
- Neonatal and infant pediatric units
- Undifferentiated pediatric and neonatal resuscitation units
The 28-day period should then be taken within 6 months of the end of hospitalization.
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Before the child is born
You must submit your application for paternity leave to your head of department at least 1 month before the expected date of delivery.
You can write your leave request using the following template:
Applying for paternity and childcare leave
In support of your leave request, you must provide the following documents:
- Copy of the pregnancy certificate issued by the doctor or midwife following the pregnancy
- Document proving that you are the father of the child or the person who lives with the mother (extract of marriage certificate or copy of Civil partnerships: titleContent or certificate of common life or cohabitation dating from less than one year or certificate on the honor of marital life co-signed by the mother of the child)
Your request should include the expected date of delivery and the dates and duration of the leave period(s).
Within 8 days of giving birth, you must submit a document justifying the birth of the child:
- Full copy of birth certificate
- Or copy of updated family record book
- Or a copy of the child's acknowledgement
- Or, in the case of the birth of a lifeless child, a copy of the lifeless child certificate and a medical certificate for the birth of a child born dead and viable
One month before your second 21- or 28-day leave period, you must confirm to your head of department your leave dates and, in case of splitting of this period, the dates of each of the two periods.
In case of premature birth, your leave starts without delay and you can take the second 21- or 28-day leave period in the month following the birth.
You should inform your administration without delay.
You must submit any documentation justifying the premature birth of the child within 8 days of delivery.
Whether the child is hospitalized immediately after birth
If the child is hospitalized immediately after birth, you must send your request for postponement of leave and any document justifying the hospitalization of the child to your head of department within 8 days of the hospitalization.
You can write your leave request using the following template:
In the event of death of the mother at the time of delivery
If you are the father of the child, you can benefit from the maternity leave postnatal.
If the child's father did not apply for postnatal maternity leave, you can take this leave if you were living in a relationship with the mother.
You must send your request for postponement of paternity leave and any documents justifying the death of the mother to your head of department within 8 days of the death.
If you have taken postnatal maternity leave, paternity leave must be taken within 6 months of the end of this postnatal leave.
You can write your leave request using the following template:
During your paternity leave, you continue to receive your full pay.
Paternity leave is considered a period of activity.
It is taken into account when calculating your length of service when a length of service condition is required to qualify for a right (for example, to apply for part-time).
It does not reduce your entitlement to other leave (annual leave, sick leave, etc.).
If you work part-time, you are automatically reinstated full-time during your paternity leave.
At the end of your leave, you are reassigned to your position.
If this is not possible, you are given priority to be re-employed on a similar job with equivalent pay.
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