France

Leave

Statutory leave in France includes:

Annual Leave

• Employer Type: Single employer.
• Eligibility: Employees who have completed at least one month of service with the employer shall be entitled to annual leave.
• Duration: 2.5 working days per month of service, equivalent to 30 calendar days per year (five weeks).
• Reference Period: The entitlement to annual leave shall accrue based on the employee’s actual working time during a defined reference period. The commencement date of such reference period may be established by company level or sectoral collective agreement. In the absence of such an agreement, the reference period shall commence on 1 June of each year. In industries where employers are required to contribute to a holiday fund (e.g., construction), the reference period shall commence on 1 April.
• Remuneration during Leave: The amount of annual leave pay shall be calculated according to whichever method is more favorable to the employee:
  • Based on the remuneration and actual working time of the month immediately preceding the leave; or
  • Equivalent to one-tenth of the employee’s total remuneration received during the reference period (1st June – 31st May, or 1st April – 31st March in sectors covered by a holiday fund).
• Monetization upon Termination: Upon termination of employment, employees shall be entitled to a cash indemnity for any accrued but unused annual leave.
• Compensation for Untaken Leave:

Sick Leave

• Non-occupational illness or accident: 2 days per month of service, and up to 24 days.
• Occupational accident or disease: 2.5 days per month of service, and up to 30 days.

Maternity Leave

• Eligibility: The employee must notify the employer of the reason for her absence, as well as the expected commencement and end dates of maternity leave. A medical certificate issued by a doctor or midwife, specifying the expected date of delivery, must be provided.
• Duration:

  Number of Births	Prenatal Leave	Postnatal Leave
  First Birth (Single Pregnancy)	6 weeks	10 weeks
  Second Birth (Single Pregnancy)	6 weeks	10 weeks
  Third Birth or more (Single Pregnancy)	8 weeks	18 weeks
  Twins	12 weeks	22 weeks
  Triplets or more	24 weeks	22 weeks

• Maternity Allowance: Fully covered by social security.
• Medical Examination upon Return to Work: Shall be conducted within eight days following return from maternity leave. (Such examination shall be considered working time.)

Additional Maternity-related Leave

• Pathological Pregnancy Leave: Where a doctor or midwife certifies that the pregnancy presents medical risks, the employee shall be entitled to an additional two weeks’ leave prior to childbirth. In cases of complications arising from childbirth, the employee may be entitled to an additional four weeks’ leave after delivery. (Subject to submission of a medical certificate within two days.)
• Premature Birth: Where a child is born more than six weeks before the expected due date and is hospitalized, maternity leave shall be extended by the corresponding number of days of premature birth.
• Death of Child or Mother:
  • In the event of the newborn’s death, the mother shall remain entitled to postnatal leave under the same conditions.
  • If the child is born prematurely and survives, the standard maternity leave shall apply.
  • If the child is born prematurely and does not survive, the employee shall be entitled to sick leave.
  • In the event of the mother’s death, the father shall be entitled to take the remainder of the maternity leave.

Adoption Leave

• Employees adopting a child shall be entitled to 16 weeks of adoption leave; in the case of adoption of multiple children, 22 weeks.
• Additionally, male employees or adoptive parents shall be entitled to 3 days of adoption leave, which may also apply in the case of childbirth.

Paternity and Parental Leave

• Eligibility: Employees must notify the employer at least one month prior to the expected date of childbirth or the date of adoption. Leave must be taken within six months following the birth or adoption, except where postponed due to the mother’s death.
• Duration:
  • Standard entitlement: 4 days of compulsory leave, plus 21 additional days for single births; 28 additional days for multiple births.
  • Optional supplemental leave: 21 days (single birth) or 28 days (multiple births).
  • Additional 30–32 days may be granted in case of hospitalization of the newborn, provided medical proof is submitted.
• Extended Parental Leave: Initial entitlement of 1 year, extendable depending on the number of children, their age, and health condition. Maximum entitlement: 2 years of parental leave.

Other Statutory Leave

• Child Illness Leave: Up to 3 days of unpaid leave per year to care for a child under 16; 5 days if the child is under 1 year of age or the employee has at least 3 children under 16.
• Child Disability or Severe Illness Leave: Up to 5 days per year for the care of a disabled child or a child suffering from serious or chronic illness.
• Family Solidarity Leave: Up to 3 months (renewable once, maximum 6 months) to provide care to a family member suffering from a life-threatening or terminal illness.
• Caregiver Leave: Up to 3 months (renewable but capped at 1 year over the employee’s career) to care for a disabled relative or elderly dependent.
• Other Leave: Employees may also be entitled to breastfeeding leave, parental presence leaves, election leave, business creation/takeover leave, marriage or bereavement leave, study or examination leave, as well as additional leave granted by the employer under collective agreements or company-level arrangements (e.g., “bridge leave”, RTT–reduction of working time). Employees may donate part of their leave to colleagues caring for critically ill children or in the event of the death of a child.