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Paternity leave: conditions for obtaining

JobAdvise Editors by JobAdvise Editors
July 30, 2014
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Who can get paternity leave?

Two conditions must be met to qualify for paternity leave:

  • to be employed private or public sector. The right is open, regardless of the age or size of the company. Similarly, the type of contract (CDI or CDD) is irrelevant. The father who works part-time is also entitled to the leave, as is the recipient of allowances Assedic ;
  • be the father of the unborn child. It matters little whether the child is legitimate, natural or adulterine. It should be noted that if the mother lives in a couple (even in free union) with a person who is not the father of her child, this person can also benefit from the leave.

How to get paternity leave?

Just send a registered letter with acknowledgment of receipt to employerat least a month before the start date of the leave. The letter will also indicate the date of return to work. The leave is by right, which means that the employer cannot refuse it (unless he has not been notified within the legal period).

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How long is paternity leave?

The duration of paternity and childcare leave is 11 days (weekends and public holidays included). This period is extended to 18 days in the event of multiple births (twins or triplets). You should know that the days of paternity leave are added to the 3 full days pre-existing (excluding weekends and public holidays). Unlike the mother who must respect a mandatory rest period, the father is not required to take his leave. He can also shorten it if he wishes.

If the mother dies during childbirth, the father benefits from special leave to care for the child, for a period of 10 weeks from birth. He must notify his employer by registered mail, and indicate his return date.

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