France imposes detailed statutory rules on parental leave that apply equally to foreign employers operating in the country. Whether you employ staff directly under a CDI or CDD contract or through an outsourced payroll partner, understanding these obligations is not optional, non-compliance carries legal and financial risk.
The table below gives a quick overview of the main leave types before we go into each in detail.
Overview of parental leave in France
The legal framework
Parental leave in France is governed by the Code du travail (Labour Code) and supplemented by French labour law implementing EU Directive 2019/1158 on work-life balance for parents and carers. The Directive extended and strengthened paternity leave entitlements across Member States; France transposed it in July 2021 when paternity leave was almost doubled to its current length.
Social Security (the CPAM, Caisse Primaire d'Assurance Maladie) funds the daily allowances during both maternity and paternity leave. The employer's role is primarily administrative: issuing the correct attestation de salaire, suspending the employment contract correctly, and managing the return to work.
Who is covered
French parental leave rules apply to all employees regardless of nationality, contract type (CDI or CDD), or the nationality of their employer. Same-sex couples have equal access to paternity/co-parent leave. Adoption triggers a separate leave entitlement (covered below). Freelancers and self-employed workers have their own CPAM scheme and are outside the scope of this guide.
Maternity leave in France
Duration by scenario
The standard maternity leave entitlement for a first or second child is 16 weeks: 6 weeks of prenatal leave before the expected due date, and 10 weeks of postnatal leave. Entitlements increase significantly for multiple births or higher-order pregnancies.
Where the employee is hospitalised during pregnancy, the prenatal period may be extended by up to 2 weeks.
Prenatal and postnatal split: flexibility rules
An employee may transfer up to 3 weeks of prenatal leave to the postnatal period, provided the pregnancy and birth are uncomplicated. This is a decision for the employee, not the employer, and must be confirmed by the employee's doctor. If complications arise after the transfer, the transferred weeks revert automatically to postnatal leave.
Pay during maternity leave
The employer does not pay the employee directly during maternity leave. The CPAM pays a daily allowance (indemnité journalière) funded by Social Security France. To be eligible, the employee must have contributed to Social Security for at least 10 months before the due date, and have worked a minimum number of hours in the preceding quarter.
The daily allowance is calculated as follows: average gross salary over the 3 months prior to leave, divided by 91.5, minus 21% for social contributions. The resulting daily amount is subject to an annual cap set by the CPAM, it stood at 100.36 EUR/day in 2024 and is reviewed each year. Always verify the current ceiling directly on ameli.fr or with your CPAM contact before processing payroll, as this figure changes with the annual Social Security Finance Act (LFSS).
Many collective bargaining agreements (CBAs / conventions collectives), including Syntec, the Metallurgy agreement, and others, require the employer to top up the CPAM allowance to maintain 100% of net salary. Check the applicable CBA before assuming no top-up obligation exists.
Employment protections
The employment contract is suspended, not terminated, for the duration of maternity leave. French labour law imposes a near-absolute dismissal ban: an employer cannot initiate or notify a dismissal during maternity leave or in the 10 weeks following return, except in cases of serious gross misconduct (faute grave) unrelated to the pregnancy or leave, or where the business is being closed entirely.
On return, the employee is entitled to return to the same role or an equivalent position with at least equivalent pay. A salary review is mandatory if the employee missed a general pay round during the leave period.
Paternity leave in France
Duration breakdown
Since July 2021, a new father or co-parent is entitled to a total of 28 calendar days of leave following a single birth (35 days for multiple births), made up of two distinct entitlements:
- 3 days of birth leave (congé de naissance) paid by the employer, taken immediately after the birth.
- 25 days of paternity and co-parent leave (congé paternité) funded by the CPAM (32 days for multiple births). These 25 days break down as: 4 days mandatory, taken immediately after the 3-day birth leave; 21 days optional, to be taken within 6 months of the birth.
The 4-day mandatory block cannot be waived by the employee. An employee who does not take it loses the entitlement entirely; the employer must inform the employee of this obligation in writing.
Splitting the 21-day period
The 21 optional days may be split into a maximum of 2 separate periods, each lasting at least 5 days. The employee must give the employer at least 1 month's notice before each period. Once dates are agreed, the employer cannot require the employee to postpone unless an exceptional circumstance justifies it, and even then, agreement is required.
Pay during paternity leave
The 3-day birth leave is paid by the employer at normal salary. The 25 days of paternity and co-parent leave (4 mandatory + 21 optional) are paid by the CPAM using the same daily allowance calculation as maternity leave, average of the last 3 months' gross salary divided by 91.5, minus 21%, capped at the same annual ceiling. Verify the current cap on ameli.fr before processing payroll.
What the employer must do
The employer has two distinct obligations when an employee takes paternity leave:
- Attestation de salaire: issue a salary certificate (attestation de salaire pour le paiement des indemnités journalières) to the CPAM, covering the 3 months preceding the leave. This must be submitted online via net-entreprises.fr before the CPAM will pay any allowance.
- Declaration to Social Security: notify the relevant CPAM of the leave dates. Failure to do so delays payment to the employee and creates an employer liability.
For foreign employers without in-house French payroll expertise, these administrative steps are where errors most commonly occur. HReact's HR and payroll compliance service covers Social Security declarations and attestation management as standard.
Unpaid parental leave (congé parental d'éducation)
Eligibility and duration
Once maternity or paternity leave ends, either parent may take unpaid parental leave (congé parental d'éducation) provided they have been employed by the company for at least 1 year. The leave is granted in 1-year blocks, renewable up to a maximum of 3 years per child. To renew, the employee must notify the employer at least 1 month before the end of the current block.
The employer cannot refuse this leave if the eligibility conditions are met. It is a statutory right, not a matter for negotiation.
Part-time option and employer obligations
Rather than taking a full leave of absence, the employee may opt to reduce their working time to a minimum of 16 hours per week. The employer must accept this reduction and adjust the employment contract accordingly. Pay is prorated; the employee may be entitled to a partial CPAM allowance (PREPARE, PreParE) depending on family circumstances.
The employment contract remains suspended (or modified for part-time). The same dismissal protections as maternity leave do not apply, but any dismissal motivated by the parental leave itself is null and void.
Adoption leave in France
Duration
Adoption leave mirrors maternity leave in its structure. For the adoption of a single child, the entitled parent receives 10 weeks of paid adoption leave. If the adoption brings the total number of children in the household to 3 or more, the entitlement extends to 18 weeks. For the simultaneous adoption of multiple children, both adopting parents together receive 22 weeks to share between them.
As with maternity leave, the CPAM pays the daily allowance. The same eligibility conditions apply.
Shared adoption leave rules
Adoption leave may be shared between both parents (if both are employees), provided neither takes fewer than 25 days. The total combined entitlement does not increase when leave is shared, but both parents have individual access to the Social Security allowance for their respective portion.
Your obligations as an employer
Notification checklist
When an employee notifies you of a pregnancy or an upcoming paternity leave, the process involves documentation from both sides.
What the employee must provide to you:
- Medical certificate confirming the expected due date (maternity) or a copy of the birth certificate (paternity)
- Written notice of the leave start date and intended duration
- For optional paternity leave periods: at least 1 month's written notice per period
What you must send to the CPAM:
- Attestation de salaire (online via net-entreprises.fr), before the leave starts
- For paternity leave: declaration of leave dates to the CPAM
Timing: the attestation must reach the CPAM before the leave period begins. Submitting it late delays the employee's allowance payment and can generate a complaint.
Managing the absence
During the suspension period, the employment contract is paused. You may hire a fixed-term replacement (CDD de remplacement) without restriction on duration, provided the contract explicitly states it covers a named absent employee. You cannot use the absence as grounds to restructure or eliminate the role.
On return, the employee must be offered their original position or an equivalent post at equivalent or higher pay. A salary review must be conducted if the employee missed a general pay round during their absence.
Salary top-up: is it mandatory?
There is no statutory obligation for employers to top up the CPAM daily allowance to 100% of salary. However, the applicable collective bargaining agreement (convention collective nationale / CCN) may impose one. The Syntec agreement (covering tech, consulting, engineering) requires a top-up bringing total income to 100% of net salary for up to 90 days. The 2024 Metallurgy agreement contains similar provisions.
Always identify the applicable CBA before your employee goes on leave. If a top-up is required, it must be reflected in the payslip and social contributions calculated accordingly.
For a complete picture of the leave rules that interact with parental absence, including sick leave during pregnancy and annual leave accrual during maternity leave, the annual and sick leave rules for France are a useful companion read.
FAQ: Maternity and paternity leave in France
Does the employer pay the employee during maternity leave?
No. The employer's payroll obligation ceases during maternity leave. The CPAM pays the daily allowance directly to the employee (or via the employer in cases of subrogation, where the employer advances the amount and is reimbursed by the CPAM). Check your payroll setup and CBA for the applicable method.
Can an employee be dismissed while on maternity leave?
Effectively no. French labour law imposes a near-absolute dismissal ban during maternity leave and for 10 weeks after return. The only exception is serious gross misconduct (faute grave) unrelated to the pregnancy or leave. Dismissal in breach of this protection is automatically null and void, the employee can seek reinstatement and damages.
Is paternity leave mandatory?
The 4-day block immediately following the 3-day birth leave is mandatory, the employee cannot waive it. The 21 optional days are, as the name suggests, at the employee's discretion. The employer must inform the employee of the mandatory 4-day block in writing; failure to take it results in permanent loss of that entitlement.
What happens to annual leave accrued during maternity leave?
Annual leave continues to accrue in full during maternity leave. On return, any accrued leave that cannot be taken before the end of the reference period (due to the absence) must be carried over. The employer cannot cancel accrued leave on the grounds that the employee was absent on maternity leave.
Do foreign employers without a French entity have the same obligations?
Yes. If you employ staff who are salaried workers in France, whether through a direct entity or through an outsourced HR and payroll partner, French labour law applies in full. The CPAM affiliation, the attestation de salaire, and the dismissal ban all apply regardless of where the employer is incorporated. Managing these obligations from abroad is precisely why many foreign businesses use a dedicated day-to-day HR support service in France.
This guide reflects the rules in force as of early 2026. French parental leave legislation is subject to periodic reform. Always verify current entitlements and CPAM daily allowance caps at ameli.fr or with your HR adviser before making decisions.
