The Social Security Financing Act for 2026 has created a new leave, in addition to maternity, paternity or adoption leaves: the supplementary birth leave (i.e.: “congé supplémentaire de naissance” in French). Effective July 1st, 2026, this leave aims at better supporting families by promoting the proper development of the child in his or her first months and strengthening equality between women and men.
Duration of leave
This leave can be for 1 or 2 months and can be split into 2 non-consecutive periods of one month each. This leave can be taken either simultaneously by both parents or alternately.
Eligibility requirements
Employees who can benefit from this leave are the following:
- Parents of children born or adopted as of January 1st, 2026,
- Parents of children for which the date of birth was presumed from January 1st, 2026, but who were born earlier.
In all cases, eligible parents can only take the supplementary birth leave from July 1st, 2026.
This leave is available to any new parent who has exhausted their right to maternity, paternity or adoption leave. However, this condition does not apply to employees who have not been able to exercise all or part of this right because they are unable to benefit from the related daily social security allowances.
Form of application
The employee must inform his/her employer:
- Of the date from which he/she wishes to start his/her supplementary birth leave
- As well as the duration of his/her leave.
To do so, the employee must comply with a notice period, the duration of which must be set by decree, but which should be between 15 days and 1 month, unless the employee decides to take this leave immediately after maternity, paternity or adoption leave.
The employer will not be allowed to oppose this request, unless the employee is not eligible.
Indemnification
This leave will allow each parent to take up to two months of additional leave, indemnified by the social security at:
- 70% of the net salary in the first month,
- 60% in the second month.
For the calculation of the indemnity, the net salary will be limited to the value of the Monthly Social Security Ceiling (€4,005 in 2026).
Employee’s situation during the leave
The employment contract is suspended and the employee benefits from protection against the termination of his or her employment contract: during this period, the employee cannot be dismissed except in the event of serious misconduct or in the event of impossibility maintaining the contract for a reason unrelated to the leave.
In addition:
- Additional birth leave is treated as a period of actual work for the purpose of determining seniority-related rights,
- The employee retains the benefits acquired prior to taking the leave,
- Additional birth leave is treated as a contribution period for the purposes of entitlement and pension calculation, provided that it has given rise to the payment of daily social security benefits.
End of leave
At the end of the leave, the employee returns to his or her previous job or a similar job with at least equivalent pay. The leave can be terminated early in the event of the death of the child or a significant drop in household income.
On their return, the employee benefits from a career interview, unless it has already been carried out after maternity or adoption leave.
Should you have any questions, please do not hesitate to contact us.