In France, fathers and partners are entitled to 25 calendar days of paternity and reception leave (congé de paternité et d'accueil) following the birth of a child. This is extended to 32 days for multiple births. The leave is split into a mandatory four-day period immediately after birth and an optional 21-day period that can be taken within six months of the birth. During the leave, fathers receive daily allowances from the health insurance system.

Statutory entitlement

25 calendar days of paternity leave (32 days for multiple births). Split into a mandatory 4-day period after birth and a 21-day period taken within 6 months. Daily allowances from CPAM: 100% of daily reference salary up to the social security ceiling.

Eligibility

All fathers and partners of the mother are entitled to paternity leave. To receive daily allowances, the employee must have worked at least 200 hours in the three months before the leave or contributed at least 10 months to health insurance.

Employer obligations

  • Grant 25 calendar days of paternity leave to all employees following the birth of a child.
  • Allow the mandatory four-day period immediately after the birth.
  • Maintain the employee's position and all employment terms during paternity leave.
  • Pay the difference between daily allowances and full salary if required by a collective agreement.
  • Protect the employee from dismissal during paternity leave.
  • Not require the employee to work during the mandatory period.

Employee rights

  • Right to 25 days of paternity leave (32 days for multiple births).
  • Right to daily allowances from CPAM at the rate of maternity allowances.
  • Right to split the optional 21 days into two periods of at least five days each.
  • Right to return to the same position after paternity leave.
  • Right not to be dismissed or subjected to detriment for taking paternity leave.

Common pitfalls

  • Not respecting the mandatory four-day period — it must be taken immediately after birth and cannot be waived.
  • Confusing paternity leave with collective agreement enhancements — some employers offer more generous paternity leave.
  • Forgetting that paternity leave is counted in calendar days, not working days — weekends and public holidays are included.

How paternity leave is structured

Paternity leave is divided into two periods: a mandatory four consecutive calendar days immediately following the birth (often combined with the three-day birth leave under the Code du Travail), and an optional 21-day period taken within six months of the birth. The optional period can be split into two periods of at least five days each.

Daily allowances and employer top-up

The CPAM pays daily allowances at the same rate as maternity allowances. Many collective agreements require employers to maintain full pay during paternity leave, so the employer tops up the difference between the CPAM payment and the employee's regular salary.

Birth leave (congé de naissance)

In addition to paternity leave, fathers and partners are entitled to three working days of birth leave (congé de naissance) under the Code du Travail. This is separate from and in addition to the 25-day paternity leave.

Frequently asked questions

Can paternity leave be taken part-time?

No, paternity leave is taken as consecutive calendar days. However, the optional 21-day period can be split into two periods.

Is paternity leave paid by the employer or the state?

Daily allowances are paid by the CPAM (health insurance). Employers may be required to top up to full salary under the applicable collective agreement.

Can both parents take paternity leave?

Only one person can take paternity leave per birth. However, both parents can take parental leave (congé parental d'éducation) after paternity leave.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.