Do freelancers in France get paid paternity leave?

For the first time it will be obligatory for salaried and self-employed micro-entrepreneurs to take at least seven days of paternity leave, starting directly following a birth.

The measure has been introduced because it is thought it will give a better start to a baby’s life and allow the father to participate in the arrival of the new member of the family and make it easier to share domestic tasks.

Employers cannot refuse their employees this leave and independent workers will lose their eligibility for paternity leave benefit payments if they do not stop work for the seven days after the birth.

The remaining 21 days are optional, but they have to be taken within six months of the birth. They can be taken straight after the first seven days or later and can be divided into two parts. Each part must be for at least five days.

For multiple births, the remaining 28 days can be divided into three parts.

An employee must tell his employer at least one month before the due birth date, and must also give one-month’s notice for each further portion he chooses to take. He must also inform the Caisse Primaire Assurance Maladie (Cpam), and send a copy of the birth certificate, plus the proof of his relationship to the mother, as paternity is open not only to biological fathers but also to partners of the mother.

A micro-entrepreneur has to inform Cpam, and send a copy of the birth certificate, and proof of his relationship to the mother.

For a salaried employee the first three days after the birth are called congé de naissance and are paid for by the employer and the rest by social security. The amount you receive depends on your salary and is capped at €89.03 a day.

Independent workers receive a daily payment from the social security. The amount set on January 1, 2021, was €56.35 a day. This is reduced to €5.63 a day if you earn less than €4,046.40 a year.

You have to declare on your honour that you will stop all professional activity during your leave.

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