Additional Birth Leave
(prior to implementing decree)
1. What is additional birth leave?
Additional birth leave is a new right for parents, created by the Social Security Financing Act for 2026. It is in addition to existing leave (maternity, paternity and child care/adoption) and aims to allow parents to spend more time with their child in the first months after birth or adoption.
This leave does not replace parental leave or existing leave (maternity/paternity).
It can be taken immediatly following maternity leave.
2. Who is it for?
The following are eligible:
- Any parent of a child born or adopted on or after 1 January 2026 (or born prematurely when the expected date was on or after that date).
- Employed parents, self-employed workers, civil servants, non-salaried agricultural workers, etc., provided they meet the eligibility requirements at the time of application.
This leave is an individual right and is not transferable between parents.
3. How long does it last?
Each parent may choose:
- 1 month or 2 months of paid leave,
- which can be split into two 1-month periods if desired.
4. Conditions of implementation (when & how)
Effective date:
The scheme will be available from 1 July 2026.
Deadline for taking leave:
Leave must be taken within 9 months after the birth or arrival ( following adoption) of the child in the house of the parents.
Procedures for employees:
The employer must be notified at least one month** before the start of the leave, specifying:
– the start date of the birth leave
– the chosen duration
– whether the leave is split into separate periods or not.
**This period is reduced to 15 days if the leave begins immediately after paternity/childcare or adoption leave.
5. Remuneration (the decree will specify exactly how it is calculated)
Leave is compensated by Social Security (CPAM) according to a sliding scale:
- 1st month: approximately 70% of previous net salary (up to the Social Security ceiling:
€4,005 per month in 2026),
- 2nd month: approximately 60% of previous net salary (up to the social security ceiling:
€4,005 per month in 2026),
- Capped at the Social Security thresholds).
6. Important conditions
- Birth leave is in addition to statutory leave: maternity, paternity or adoption.
- It cannot be taken at the same time as certain other benefits, such as parental leave allowance.
- There is no specific length of service requirement within the company for this leave (unlike parental leave).
7. Summary
- Each parent has this individual and personal right; it cannot be transfered to the other parent.
- This leave can be taken simultaneously or alternately by the parents.
- A certain extension of the deadline is planned for children born at the beginning of 2026 to compensate for the delayed implementation of the scheme.
