New additional birth leave
Published on :
20/04/2026
20
April
Apr
04
2026
Additional birth leave, available to both parents following maternity, paternity, or adoption leave, is introduced.
Principle
Under the terms of the future Article L. 1225-46-2 of the Labor Code, an employee who has taken maternity, paternity, childcare or adoption leave in accordance with the Labor Code shall, once this leave entitlement is over, be entitled to additional birth leave. The duration of this leave, during which the employment contract will be suspended, will be set, at the employee’s discretion, at one or two months. It may be split into two periods of one month each, under conditions to be determined by decree.This leave is optional and available to either parent.
Protections granted to the employee
During the additional birth leave, the employee shall be protected against dismissal; the employer may therefore not terminate their employment contract, except in cases of serious misconduct or where it is impossible to maintain the contract for reasons unrelated to the birth or arrival of the child. The duration of the leave is treated as a period of actual work for the purposes of determining the entitlements to which the employee is entitled by virtue of their seniority. Furthermore, they retain all the benefits they had accrued prior to the start of the leave (Labor Code, Art. L. 1225-46-3 new), which includes paid leave.However, such leave does not prevent the expiry of a fixed-term contract (Labor Code, Art. L. 1225-6, amended).
Remuneration
During the period of additional birth leave, the employee shall receive a daily allowance, the amount of which shall be determined by decree, provided that they cease all work during this period and meet the conditions of membership and contributions set out in Article L. 313-1 of the Social Security Code.Early return and end of leave
At the end of the additional birth leave, the employee shall return to their previous job or a similar one, with remuneration that is at least equivalent. They must, if they have not already done so upon returning from maternity or adoption leave, undergo the career development interview provided for in paragraph I of Article L. 6315-1 of the Labor Code. The employee also retains the option, in the event of the child’s death or a significant reduction in household income, to return to work before the scheduled end date.Entry into force
The additional birth leave will apply to employees from 1 July 2026, in respect of children born or adopted from 1 January 2026, as well as to children born before that date but whose birth was due to take place on or after that date.History
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