Maternity leave in France (congé maternité) lasts at least 16 weeks and up to 26 weeks for third and subsequent births. The benefit is paid by the Sécurité sociale (SECU) at a daily rate based on the employee’s average salary, and many employers top up the payment to full pay through a complément de salaire. The leave is divided into a mandatory pre-natal period and a post-natal period, and dismissal protection applies throughout and for ten weeks after the return.
This guide covers French maternity leave in 2026: congé maternité duration by birth order, SECU benefit calculation, employer top-up obligations, notice requirements, and job protection rules.
Key takeaways
- Congé maternité lasts 16 weeks for the first and second children, 26 weeks for the third child, and 34 weeks for twins and 46 weeks for triplets.
- The mandatory pre-natal leave is 6 weeks (10 weeks for twins/triplets), and the mandatory post-natal leave is 10 weeks (22 weeks for twins, 34 weeks for triplets).
- SECU pays the daily allowance (Indemnités Journalières) at €63.20 per day in 2026, capped at the monthly Social Security ceiling.
- There is no statutory obligation on employers to top up the SECU benefit, but collective bargaining agreements (conventions collectives) often require it.
- Dismissal protection applies from the beginning of the pregnancy until 10 weeks after the end of maternity leave.
Congé maternité duration
The Code du travail, articles L1225-35 to L1225-46 sets out the duration of maternity leave by birth order:
| Birth order | Total leave | Pre-natal (mandatory) | Post-natal (mandatory) |
|---|---|---|---|
| First child | 16 weeks | 6 weeks | 10 weeks |
| Second child | 16 weeks | 6 weeks | 10 weeks |
| Third child | 26 weeks | 8 weeks | 18 weeks |
| Twins | 34 weeks | 10 weeks | 22 weeks |
| Triplets | 46 weeks | 10 weeks | 34 weeks |
The employee must take the mandatory pre-natal and post-natal periods as specified. The remaining leave can be taken before or after birth, at the employee’s choice, subject to a minimum of one week before and two weeks after birth.
Under article L1225-37, the employee may request to transfer up to six weeks of pre-natal leave to the post-natal period, subject to medical certification that the pre-natal leave is not medically necessary.
SECU benefit calculation
Maternity benefits in France are paid by the Sécurité sociale through the Caisse Primaire d’Assurance Maladie (CPAM). The daily allowance (Indemnités Journalières, IJ) is calculated as follows:
| Item | Detail |
|---|---|
| Daily rate | 100% of average daily salary (3-month reference period) |
| Daily ceiling | €63.20 in 2026 (SS ceiling) |
| Monthly maximum | ~€1,896 (€63.20 × 30) |
| Duration | Full duration of congé maternité |
| Taxable | Yes (subject to income tax and social contributions) |
The reference period is the three calendar months before the start of maternity leave. The employee’s average daily salary over this period determines the benefit, subject to the Social Security ceiling.
Worked example
| Item | Amount |
|---|---|
| Employee’s average salary (3-month period) | €2,800 / month |
| Average daily salary (€2,800 ÷ 91 days) | €30.77 |
| SECU daily allowance (100%, below ceiling) | €30.77 / day |
| Monthly benefit (€30.77 × 30) | €923.10 / month |
For an employee earning above the Social Security ceiling, the benefit is capped at €63.20 per day — approximately €1,896 per month.
Employer top-ups
There is no statutory obligation under the Code du travail for employers to top up SECU maternity benefits. However, the vast majority of French employers do so through:
- Convention collective (sectoral collective bargaining agreement) — many agreements require the employer to pay the difference between the SECU daily allowance and the employee’s full salary for the duration of the leave.
- Company policy (accord d’entreprise) — individual company agreements may provide more generous terms than the convention collective.
- Individual contract — the employment contract may include a maternity top-up clause.
Where a top-up applies, the employer typically pays the difference between the SECU benefit and the employee’s net salary, sometimes up to 100% of the salary for a specified number of weeks. The top-up is subject to income tax and social contributions.
Employers should check the applicable convention collective and company policy for the specific terms. Failing to apply a required top-up is a breach of the collective agreement and exposes the employer to claims.
Dismissal protection
French law provides strong protection against dismissal during and after maternity leave. Under articles L1225-4 and L1225-35:
- During pregnancy: dismissal is prohibited except for serious misconduct (faute grave) or impossibility of reinstatement due to a reason unrelated to the pregnancy.
- During maternity leave: dismissal is prohibited absolutely, even for serious misconduct (with limited exceptions for total inability to perform the role).
- After maternity leave: protection continues for 10 weeks following the end of leave.
During the protected period, the employer cannot dismiss the employee for economic reasons, redundancy, or performance — even if the decision was made before the pregnancy was known.
Exception for serious misconduct
Dismissal for serious misconduct (faute grave) is permitted, but only where the misconduct is unrelated to the pregnancy and the employer can demonstrate that the dismissal would have been decided regardless of the pregnancy. This is a high burden of proof.
Notice requirements
The employee must give the employer:
- At least two weeks before the start of maternity leave: written notice of the intended start date, accompanied by a medical certificate confirming the pregnancy and expected date of confinement.
- At the time of the birth: notification of the birth date, which confirms the post-natal leave period.
The employer should then notify the employee of their return-to-work date, which must correspond to the end of the maternity leave period.
Return to work
At the end of the maternity leave, the employee has the right to return to the same role or, where that is not possible, to a comparable role with the same salary and conditions. The employer must offer reinstatement — the employee cannot be kept on leave or offered a lower position.
Under article L1225-44, if the employee does not return to work within two months of the end of the leave without a valid reason (such as illness or accident), the employer may consider the employment contract terminated.
Common pitfalls
1. Miscalculating the leave duration by birth order
The duration depends on the number of existing children, not the total number of children. The employer must verify the birth order to apply the correct duration.
2. Not applying the convention collective top-up
Many employers miss the top-up obligation embedded in their sectoral agreement. This is a frequent source of employee claims in France.
3. Dismissing during the protected period
Even where a redundancy is genuinely planned, the employer cannot dismiss an employee during pregnancy or for ten weeks after maternity leave. Planning the dismissal for after the protection period is essential.
4. Failing to track the pre-natal and post-natal split
The mandatory pre-natal and post-natal periods are fixed. Allowing the employee to take the full leave before birth, or failing to require the post-natal period, breaches the statutory structure.
5. Not confirming the return-to-work date
Employers who do not communicate the return-to-work date risk confusion and operational gaps. The date should be confirmed in writing before the leave starts.
For more French context, see our guide to annual leave entitlements in France and the overview of the main types of leave employers manage.
Frequently asked questions
How long is maternity leave in France?
Congé maternité lasts 16 weeks for the first and second child, 26 weeks for the third child, 34 weeks for twins, and 46 weeks for triplets. The leave is divided into mandatory pre-natal and post-natal periods.
Who pays maternity benefits in France?
The Sécurité sociale (SECU) pays daily allowances through the CPAM. The amount is based on the employee’s average salary over the three months before leave starts, capped at the Social Security ceiling. Many employers top up the benefit through collective agreements.
Can the employer dismiss an employee on maternity leave?
Dismissal is prohibited during maternity leave except for serious misconduct unrelated to the pregnancy. Protection extends for ten weeks after the end of the leave.
When must the employee return to work?
The employee must return to work at the end of the maternity leave period. Failure to return within two months without valid reason may result in termination of the employment contract.
Does the employee keep their job after maternity leave?
Yes. The employee has the right to return to the same role or a comparable role with the same salary and conditions. The employer cannot offer a lower position.
Is the SECU maternity benefit taxable?
Yes. The Indemnités Journalières are subject to income tax and social security contributions. The employer’s top-up, where applicable, is also subject to tax and contributions.
Putting it into practice
Five steps cover most French maternity leave compliance:
- Verify the birth order and apply the correct congé maternité duration — 16, 26, 34, or 46 weeks.
- Calculate the SECU Indemnités Journalières and apply any top-up required by the applicable convention collective.
- Track the mandatory pre-natal and post-natal periods and manage any transfer of pre-natal leave.
- Monitor the dismissal protection period from the beginning of pregnancy until ten weeks after the leave ends.
- Confirm the return-to-work date in writing and prepare for reinstatement to the original or a comparable role.
A leave management system that calculates congé maternité durations by birth order, tracks SECU benefit periods, applies convention collective top-ups, and monitors the post-return protection window keeps French maternity leave compliance simple.
Sources
- Service-public.fr — Congé maternité (primary source)
- Code du travail, articles L1225-35 to L1225-46 (legislation)
- Ameli — Indemnités journalières maternité (SECU benefit details)
Last updated: 26 July 2026. This article is general information, not legal advice. SECU daily allowance rates and ceilings change annually — confirm current figures with CPAM and check the applicable convention collective.