France: New Supplementary Birth Leave Comes into Force on 1 July 2026

France has introduced a new form of family-related leave designed to give parents additional time to care for a child during the first months following birth or adoption.

Created by the Social Security Financing Act for 2026 and implemented through a series of decrees published in May 2026, the new Supplementary Birth Leave (Congé Supplémentaire de Naissance – CSN) will be available from 1 July 2026.

The new entitlement provides eligible employees with up to two months of additional leave and forms part of France’s broader policy to support working parents and encourage work-life balance.

How Does the New Leave Fit Within Existing Family Leave Rights?

The Supplementary Birth Leave does not replace existing parental leave rights.

Instead, it operates alongside:

• Maternity leave

• Birth or adoption arrival leave

• Paternity and childcare leave

• Adoption leave

• Child-raising leave

To qualify for the new leave, employees must generally have first taken the maternity, paternity, childcare or adoption leave to which they are entitled.

Who Can Benefit?

The new leave is available to employees who meet the applicable Social Security eligibility requirements, including:

• At least six months of Social Security affiliation; and

• Minimum activity or contribution thresholds.

Importantly, the leave is available to both parents.

Eligible beneficiaries include:

• The mother;

• The father;

• A spouse, civil partner or cohabiting partner living with the mother.

Both parents may take the leave simultaneously or at different times.

The scheme applies to children born or adopted on or after 1 January 2026, as well as certain children born earlier where the expected birth date fell on or after that date.

Duration of the Supplementary Birth Leave

Each parent may choose to take either:

• One month of leave; or

• Two months of leave.

The leave may be taken:

• As one continuous period; or

• In two separate one-month periods.

The leave must generally begin within nine months of the child’s birth or arrival in the household.

Certain circumstances, including multiple births, premature births, hospitalisation of the child or extended maternity leave arrangements, may extend this period.

Transitional Rules

Special transitional provisions apply to children born or adopted between 1 January and 30 June 2026.

For these cases, the nine-month period runs from 1 July 2026 and may continue until 31 March 2027.

Employee Notification Requirements

Employees wishing to take Supplementary Birth Leave must notify their employer in writing.

As a general rule:

• One month’s notice is required before the intended start date.

A shorter notice period of 15 days applies where:

• The leave immediately follows paternity leave or adoption leave; and

• The leave begins within the month following the child’s birth or arrival.

The employee must specify:

• The duration of the leave;

• Whether it will be split into separate periods; and

• The proposed dates.

Employers cannot refuse the leave provided the statutory conditions and notice requirements have been satisfied.

Impact on Employment

During Supplementary Birth Leave:

• The employment contract is suspended;

• Employees may not engage in another professional activity;

• Employees benefit from protection against dismissal, except in limited circumstances such as serious misconduct or an inability to maintain the employment relationship for reasons unrelated to the leave.

The leave period is treated as effective working time for the purposes of seniority rights, and employees retain benefits acquired before the start of the leave.

At the end of the leave, employees are entitled to return to their previous position or an equivalent role with at least equivalent remuneration.

Early Return to Work

Employees may be permitted to return before the planned end of the leave in certain circumstances, including:

• The death of the child; or

• A significant reduction in household income.

Specific notice requirements and supporting documentation apply.

Social Security Compensation

During Supplementary Birth Leave, employees do not receive salary from their employer.

Instead, compensation is paid through daily Social Security benefits.

The amount is calculated using rules similar to those applicable to maternity leave, subject to a reduction over time:

• 70% of net salary during the first month; and

• 60% of net salary during the second month,

subject to the applicable Social Security ceiling.

The benefit cannot generally be combined with a range of other social welfare and parental support benefits.

Pension Rights

Periods spent on Supplementary Birth Leave may also generate pension rights.

A retirement quarter is credited for each period during which the employee receives at least 58 days of compensation under the scheme.

Key Takeaways for Employers

The introduction of Supplementary Birth Leave represents a significant development in French employment law and family leave rights.

Employers with employees in France should review their internal policies, leave procedures and workforce planning arrangements ahead of implementation.

Particular attention should be paid to:

• Leave request procedures;

• Notice requirements;

• Payroll and Social Security coordination;

• Workforce cover arrangements; and

• Updates to employee handbooks and HR policies.

With the new regime taking effect from 1 July 2026, businesses operating in France should ensure that managers and HR teams are familiar with the new entitlement and its practical implications.

Aramis, France, a Transatlantic Law International Affiliated Firm.  

For further information or for any assistance please contact france@transatlanticlaw.com

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