Employment in France involves a framework of mandatory leave benefits provided for by the French Labour Code, and in many cases supplemented by collective agreements. Leave benefits are designed to support work/life balance and help employees through significant life events, as well as addressing diverse personal needs and circumstances.
It is important for French employers to comply fully with the requirements of individual leave categories, some of which we have summarised here.
Annual leave (congés payés)
French employees are legally entitled to five weeks of annual leave each year (not including public holidays), which accrues at 2.5 days per month worked. Most French companies do not offer more than the mandatory five weeks, although some collective agreements may provide for extra days in line with length of service.
Public holidays (jours fériés)
Although there are 11 official public holidays in France – three more than in England and Wales – only 1st May (Labour Day) is a mandatory paid day off for all employees. While many employers do in fact offer public holidays as days off, if they fall on a Saturday or Sunday they are usually ‘lost’.
Family event leave (congés pour évènements familiaux)
UK employees may be allowed time off to deal with family events and emergencies. However, such leave is not mandatory nor automatically paid, and depends heavily upon the goodwill of the employer.
In contrast, the French Labour Code specifies various types of paid leave to provide care, deal with family and personal matters, and perform public duties. Employees must provide evidence of the event in question (such as a birth, marriage or funeral in their family) in order to benefit from this leave.
It is very important to check any agreements in place, as these may offer longer periods of leave than are provided for by the Labour Code, as well as additional leave that is not mandatory. For example, some conventions collectives grant one or two days for moving house.
Maternity leave (congé de maternité)
Maternity leave duration depends on the number of children the mother is expecting, and the number of children she already has, as follows:
- First or second child: six weeks before the expected birth date and 10 weeks after (total 16 weeks).
- Third child or more: eight weeks before and 18 weeks after (total 26 weeks).
- Twins: 12 weeks before and 22 weeks after (total 34 weeks).
- Triplets or more: 24 weeks before and 46 weeks after (total 70 weeks).
All pregnant employees must take eight weeks of maternity leave, of which at least six weeks must follow the birth. Maternity leave can be combined with holiday and parental leave for a longer duration.
The contract of employment is suspended during maternity leave, with no legal obligation for payment. However, many conventions collectives provide for a salary supplement, and employees are generally entitled to maternity benefits from the state.
Paternity and childcare leave (congé de paternité et d’accueil de l’enfant)
Fathers are entitled to three mandatory days of paid birth leave, followed by paternity and childcare leave of 25 consecutive days, or 32 days in the event of multiple births. The first four days of this leave are also mandatory.
As with maternity leave, paternity and childcare leave involve suspension of the employment contract, although the first three days must be paid at full salary.
Parental education leave (congé parental d’éducation)
Biological and adoptive parents may take parental education leave, as long as they have at least one year’s length of service with the company. This leave may begin at the end of maternity or adoption leave or taken afterwards, and may be shared between the parents.
The initial period of parental education leave is one year, and it may be renewed twice. The employer cannot refuse a request for this leave, but can agree on the number of hours to be worked if the employee chooses the alternative option of working part-time for at least 16 hours per week. (It is common in France for mothers to work for four days each week, with Wednesdays off).
There is no legal entitlement for full parental education leave to be paid, although the employee may be entitled to receive certain social security benefits. The employee is entitled to be paid as usual for part-time hours worked.
Can we help you navigate leave entitlements and benefits in your French company? Please contact us to arrange a free initial consultation.