It was a campaign promise.
From July 1, 2021, the length of paternity leave - currently 14 days - will be doubled.
Among the 28 days, 7 days will be mandatory, said Emmanuel Macron on Wednesday.
“
We do not yet know what this will change on the implementation of paternity leave.
Logically, we should stay on the same process
”as the current leave, indicates Lydie Recorbet, HR and CSR officer at the CSR Observatory (Orse).
Who can benefit from paternity leave?
Any worker, regardless of their contract, can take paternity leave.
“
It applies to the second parent, regardless of gender.
This is also valid in the case of adoption,
”explains Lydie Recorbet.
Thus, an employee who is not the father of the child but who lives in a couple with the mother will be able to benefit from paternity leave on condition of providing proof of connection with the mother such as a marriage certificate, a copy of the PACS or a certificate of cohabitation.
Read also: Paternity leave: companies salute and wonder
Who will finance this extension?
What is now called "
paternity leave
" actually corresponds to 3 days of birth leave to which we add 11 days of paternity leave.
The first is payable by the employer and the second is compensated by social security.
The government has announced that the reform will be financed by Social Security, at a cost that is also doubled and estimated at more than 500 million euros in 2021. Birth leave should therefore remain payable by the employer and the 25 days remaining, compensated by Social Security.
This extension will however represent a cost for the company, through employers' contributions to the Family branch and in terms of working time.
“
It is indeed a point of vigilance for employers
.
But this leave will perhaps also be a gain insofar as the father will have time to take his marks, to prepare and will thus be more serene when he
returns to
work
”, underlines Lydie Recorbet.
When can you take paternity leave?
Today, the employee must notify his employer at least one month before the start of his leave and must ask for it within four months of giving birth.
“
It must be taken all at once,
” says the specialist.
A rule which should evolve with the reform.
The second parent will indeed be able to take his 28 days in a fractional way, announced the Minister of Labor Élisabeth Borne, this Friday on Cnews.
How much is the compensation?
To benefit from paternity leave compensation, you must have "
worked at least 150 hours during the 3 months preceding the start of the leave or have contributed on a salary at least equivalent to € 10,302.25 during the last 6 months. preceding the start of the leave,
”says the administration.
The indemnity is the result of a complex calculation carried out by the primary health insurance fund (CPAM).
"
It is between 70% and 75% of the salary,
" says Lydie Recorbet.
Some collective agreements allow the company to cover the remaining percentage.
"
The 3 days of birth leave are covered 100% by the employer,
" adds the expert.
Read also: Paternity leave will be reduced to 28 days, including "seven days" mandatory
What are the employee and employer exposed to if one or the other ignores the “
mandatory 7 days
”?
An employer who refuses to grant these days is liable to a fine of 7,500 euros.
This constraint is a way of protecting employees whose employment is not stable.
Indeed, 80% of workers on fixed-term contracts exercise their right, against 48% of fixed-term contracts.
These seven mandatory days are also intended to involve fathers more in the birth of their child.
The worker is therefore also bound to take these days.
“
But no one will check if he uses them to bond with his child,
” concedes Lydie Recorbet.
Last year, three quarters of employees went on paternity leave for a total of 750,000, said Labor Minister Élisabeth Borne on Cnews on Friday.
