When a new child joins their household, whether through birth or the adoption of a child under 16 years old, the employee, whether male or female, has the right to request a parental leave from their employer. They can take this break or reduction in their professional activity to care for this child. However, benefiting from such leave is subject to certain conditions that the employee must meet.
Requirements to Obtain Parental Leave
To be granted parental leave, the employee must demonstrate at least one year of seniority in the company. If this condition is met, the employer has no right to refuse the parental leave of an employee.
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However, the employee must submit a written request at least one month before the leave starts to ensure there is a written record. This letter must adhere to certain rules regarding both form and content. To assist with this, you can download a free template for a leave request letter from the website Document-Gratuit.fr. You can then customize this letter before sending it to your employer by registered mail with acknowledgment of receipt or by delivering it in person against a receipt.
Duration of Leave or Part-Time Work
First, it should be noted that you have the option to suspend your professional activity under the parental leave or simply reduce your working hours.
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Included in the labor code since 1985, the provisions established since January 1, 2015 modify the standard regarding the duration of parental leave. Thus, for a first child, the duration of parental leave is set at 1 year. This leave can be shared between both parents for a duration of 6 months each, no more and no less. This leave can be renewed twice for each child but cannot be granted after the child turns three.
For an adoption, the age of the child affects the duration of the leave. Therefore, for a child under three years old, parents can benefit from up to three years of leave. However, for an adopted child over 3 years old but under 16 years old, the duration of the leave remains 1 year.
For an employee who chooses the option of part-time work, they must work a minimum of 16 hours per week. The employer can arrange the new working hours of the employee as they see fit. However, they must document these new arrangements in writing, similar to any part-time employment contract.
What About Compensation During Parental Leave?
During the leave period, the employment contract being suspended, the employee is not compensated by their employer. However, they may be eligible for the basic allowance of the early childhood benefit (Paje) as well as the shared child education benefit (PreParE).