â€⢠What Percentages of French Take Family Leave?
Irrespective of your internal policies, if yous're hiring employees based out of France, you should know what they are legally entitled to when they go parents.
You tin can't simply assume that the laws governing parental leave in France are like those of your land. Even if your business organization operates from some other European nation.
Case in betoken, out of 28 countries in the European Union (European union)—all the same 28 at the fourth dimension of the survey—11 don't give parental leave to partners in aforementioned-sex activity marriages. But France does. Tiny differing details like this are why it'south always not bad to get a refresher on all things paternity and maternity go out in France.
Read on to find out all you need to know about parental leave in France and its bellboy benefits for your eligible employees.
The nuts of parental leave in France
Parental get out policies vary amid most European countries. Withal, the European union expects all members to abide by the minimum standards of Directive 92/85/EEC (for meaning workers) and Directive (Eu) 2019/1158 (the right to paid maternal exit and parental exit).
French republic is no different.
And it has been a proponent of maternity leave regulations for a while at present. In 1946, France passed a law granting women a 14-calendar week maternity leave and compensation for half of their earnings lost while abroad from piece of work.
Fast forward to the present, expecting mothers go 16 weeks off—six weeks before birth and 10 weeks later on. Fathers get up to 25 days of paternity get out—iv days of compulsory leave taken immediately after childbirth and 21 days which the male parent can take within six months of commitment.
Adopting parents aren't left out. If adopting a single child, the parents tin apply for 10 weeks of parental leave or 22 weeks if adopting more than than 1 kid. In this scenario, the parents are expected to share the daily leave allowance.
To merits parental leave in France, the parents must:
- Be enrolled with the Social Security Say-so (SSA) at least 10 months before the date of childbirth
- Have taken a minimum of 8 weeks leave
- Have worked at least 150 hours in the 90 days earlier the start of their leave
Motherhood leave in France
Like most members of the European union, every expectant female parent is eligible for paid motherhood get out in France. However, the length of maternity go out will depend on the number of children the mother is expecting and how many other kids she already has.
Before we get into the specifics, note that the employee must inform their employer of the pregnancy and projected stop of maternity leave via a registered letter or verbally. Information technology'south always best if the notice comes in written form, equally the employer tin can then issue a receipt acknowledging the employee'south notice.
This can serve as a legal document if there's any grade of misunderstanding.
How long is maternity get out in French republic?
Allow'southward get into the nitty-gritty of the different possible scenarios and the number of motherhood leave days the mother is entitled to in each case.
For women expecting one kid and fewer than two dependent children, the French policy grants them a half dozen-week leave before childbirth (prenatal) and a ten-week go out after nascency (postnatal). If there are serious prenatal weather condition (such as preeclampsia or gestational diabetes), the mother can get an additional 2 weeks of prenatal go out.
And if childbirth leads to health complications, the employee is entitled to four boosted weeks of postnatal leave. That's a full of 14-weeks postnatal leave.
If the mother is expecting her 3rd kid, she has the correct to eight weeks of prenatal leave and 18 weeks of postnatal leave. These numbers stay the same for subsequent childbirths.
For those expecting twins, they get 12 weeks of prenatal and 22 weeks of postnatal. If triplets or more, prenatal goes upwards to 24 weeks. Postnatal stays the same.
The law besides covers cases of premature childbirth that's over six weeks before the expected delivery date and where the newborn is compulsorily hospitalized. The difference between the commitment date and the original start date of the vi-calendar week prenatal go out becomes office of the postnatal leave.
On the other manus, if there's late delivery, the postnatal leave begins on the actual commitment engagement.
Parents who already take at to the lowest degree two dependents before adoption benefit from an actress eight-week exit. This is asides from the initial 10 weeks. If the parents share the parental exit, the authorities extends the duration past 11 days (for a unmarried adoption) and xviii days (for multiple adoptions).
What is the allowance for maternity exit?
During maternity leave, the police considers the employee's employment contract suspended. The French SSA handles all payments going forwards if the employee meets the eligibility criteria.
The employer is under no legal obligation to pay the female parent.
The leave allowance is calculated by adding the employee's gross salaries of the last iii months before the maternity exit and dividing the sum past 91.5. Employees receive their accrued daily benefits every 14 days later on the government deducts 21% of earnings for taxes and social contributions.
Daily wages can't be more than €89.03 or less than €ix.66. The maximum monthly payment is €3,428.
At the end of the maternity leave, employees return to their previous job, or a similar part, without any remuneration changes. If other employees got a pay ascent while the parent was off, information technology must be extended to the mother from the date they return to work.
In addition, the French police mandates additional employment protection of 4 weeks after the stop of the maternity or adoption leave.
Paternity leave in France
In September 2020, French President Emmanuel Macron announced an extension in the duration of paternity leave.
Fathers or second parents of a biological or adopted kid would exist able to access a 25-day parental leave—a four-day compulsory go out taken right away later childbirth, and a 21-mean solar day leave that the father accesses anytime inside vi months of the baby'south nascence.
In the event of multiple births (twins or triplets), the 21-mean solar day leave becomes a 28-day paternity leave.
Paternity leave previously stood at xi sequent days for one child or xviii days for multiple kids. The new police came into effect on July ane, 2021. The policy also applies to the second parent in same-sex couples (male or female).
Here are the essentials of the new paternity leave police force.
How long is paternity leave in France?
Immediately after childbirth, the father goes on a mandatory three-twenty-four hour period birth leave covered past their employer (but working days). At the cease of the third day, the four-24-hour interval compulsory paternity leave covered by the new policy kicks in.
The begetter tin and so choose to take the 21-mean solar day leave (or 28-day leave menses) in two installments. Each go out installment must be a minimum of five days.
For case, the male parent can split the remaining 21 days into two periods of 5 and 16 days or five and 23 days if it'due south multiple births. In situations where the doctor places the newborn nether hospitalization, the male parent's 4-day leave period lasts for the period of hospitalization upward to a limit of 30 consecutive calendar days.
The begetter can forgo the 21-day mail service-childbirth leave. Simply should they decide to take it, the father must notify the employer i month before the start engagement of the leave menstruation. Every bit with maternity leave, written notices are always all-time.
What is the allowance for paternity leave?
The French authorities expects the employer to pay employees for the outset three days while covering the leave assart for the remaining period.
Allowances are calculated similarly to maternity leave allowances (sum of last three gross salaries earlier childbirth divided by 91.25). The exit allowance is subject area to a quarterly limit set past the SSA—€10,284.
Taxation and social contributions (capped at a flat charge per unit of 21% like motherhood leave) are deducted from the paternity get out allowance before the SSA pays out the allowance to the begetter.
Where tin I get if I accept more questions about parental leave in French republic when hiring employees?
An obvious place to go is the French public service website.
This is probably the most comprehensive resources on French parental leave. However, it can be a tad overwhelming. The official European Spousal relationship website likewise contains loads of information on motherhood and paternity exit in French republic.
For people leaders of distributed teams, global Hour compliance experts such as Oyster are another great option.
If yous toe this path, you lot are guaranteed a squad of legal and HR experts who do all the heavy lifting to understand the police while y'all focus on what matters—providing a dandy employee experience for your new hires.
Parental exit in French republic isn't complicated if you take the correct information
The correct information tin be the deviation between a compliant global employment force and legal bug. Plus, it's the right thing to do.
You can prove to your top talent that you accept their best involvement at eye by making certain they can participate to the fullest in the parental leave regulations of their home country. Past engaging experts who understand the lay of the state, you lot should seamlessly handle hiring top talent from France without breaking a sweat.
For more on how to hire and pay employees in France, accept a look at our France hiring guide.
About Oyster
Oyster is a distributed HR platform designed to enable visionary HR leaders to detect, hire, pay, manage, develop, and accept care of a thriving distributed workforce. It lets growing companies give valued international team members the experience they deserve, without the usual headaches or the expense.
Oyster enables hiring anywhere in the world—with reliable, compliant payroll and great local benefits and perks.
Source: https://www.oysterhr.com/library/parental-leave-in-france
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