France — Statutory Benefits & Leave

France mandates a national minimum wage — the salaire minimum interprofessionnel de croissance (SMIC) — for all employees aged 18 or older in the private sector, applicable also to certain public-sector workers. The framework is set out in Code du travail Articles L3231-1 through L3231-12.

Statutory purpose and indexation. The SMIC guarantees (1) purchasing power through indexation to inflation, and (2) participation in economic development via a share of productivity gains (L3231-2). Automatic revaluation occurs each 1 January and, under Article L3231-5, when price inflation for the lowest 20% of households exceeds 2% since the last raise.

Revalorization: January 2026 and June 2026.

• January 2026: Décret n° 2025-1228 (17 Dec 2025) set the SMIC at €12.02 gross/hour, €1,823.03/month (for 35-hour week), and €9.33/hour (€1,415.05/month) in Mayotte, plus a minimum garanti of €4.25.
• June 2026 — automatic inflation-driven increase: By arrêté (ministerial order) of 22 May 2026 (published Journal Officiel 24 May 2026), the SMIC was automatically revalorized effective 1 June 2026, as the consumer price index rose over 2% since the previous adjustment. New rates as of 1 June 2026:
• €12.31 gross per hour in metropolitan France and overseas departments (except Mayotte)
• €1,867.02 gross per month for a 35-hour work week (151.67 hours)
• Estimated net: €1,477.93/month (subject to slight employer-specific variation)
• In Mayotte: €9.55/hour, €1,448.36/month (continuing statutory convergence schedule)
• The "minimum garanti" (minimum guaranteed) rises to €4.36.

Legal baselines and further guidelines.

• Young workers under 18 with less than six months’ experience get 80% (under 17) or 90% (17–18) of the adult SMIC (R*3231-2).
• Revaluation process: The amount is updated via decree and, for inflation triggers, via arrêté (ministerial order); collective agreements cannot set rates below the SMIC or index their minimums to the SMIC (L3231-3).
• Employer obligations: Employers must supplement sub-SMIC contractual wages (D3231-5) and cannot count overtime premiums, expense reimbursements, or certain bonuses toward compliance.
• Enforcement: Underpayment exposes employers to a 5th-class fine and wage claims before the conseil de prud’hommes (R3233-1).

Recent trigger history: The mid-year inflation mechanism was also invoked in May and August 2022, May 2023, November 2024, and again in June 2026.

Source: Code du travail, Articles L3231-1 à L3231-12 Source: Décret n° 2025-1228 du 17 décembre 2025 Source: Arrêté du 22 mai 2026 portant relèvement du salaire minimum de croissance

France grants every employee a statutory right to paid annual leave — congés payés — under Code du travail Article L3141-1. The entitlement is generous by international standards and strictly enforced: employees earn 2.5 working days (jours ouvrables) per month of actual work, capped at 30 working days per year (the equivalent of five calendar weeks). Part-time employees earn leave at the same monthly rate; the entitlement does not scale with contractual hours.

Accrual formula (Article L3141-3). Article L3141-3 provides: "Le salarié a droit à un congé de deux jours et demi ouvrables par mois de travail effectif chez le même employeur. La durée totale du congé exigible ne peut excéder trente jours ouvrables." One month of actual work equals four weeks or 24 days of work (Article L3141-4). Leave is earned for time actually worked plus certain assimilated periods described below.

Jours ouvrables vs. jours ouvrés. The French working-day metric is the jour ouvrable (a day other than Sunday and a public holiday — typically Monday through Saturday, six days per week). Thirty jours ouvrables is therefore equivalent to 25 jours ouvrés (actual working days, Monday–Friday in a five-day workweek). Employers in five-day-per-week environments typically track leave in jours ouvrés for simplicity, but the statute is written in jours ouvrables and that remains the legal unit of account for disputes.

Reference period for accrual. In the absence of a collective or company agreement, the default reference period runs from 1 June of year N to 31 May of year N+1 (Code du travail Article D3141-9, incorporating suppletive rules for non-agreement cases). Building and public-works employers affiliated with a caisse de congés payés (a statutory holiday-pay fund) use a 1 April–31 March reference period. Collective agreements may negotiate alternative start dates (Article L3141-10).

Periods assimilated to actual work (Article L3141-5; amended). Employees continue to accrue congés payés during:

• maternity, paternity, parental, and adoption leave;
• occupational accidents and illnesses;
• paid training periods;
• compensatory rest for overtime (RTT counterpart);
• the annual leave itself (the prior year's paid holiday counts toward the next year's accrual);
• absences to exercise an elected mandate (within limits set by Article L3142-88);
• periods of non-occupational illness or accident, capped at two jours ouvrables per month (24 days per year maximum), effective 22 April 2024 under Loi n° 2024-364 with retroactive effect to 1 December 2009 for employees still employed or within specified limitation periods (Article L3141-5, paragraph 7°);
• NEW: periods of suspension due to exercise of certain local elective mandates (Article L3141-5, 8°), as added by Loi n° 2025-1249 du 22 décembre 2025, effective for suspensions commencing 1 January 2026 and after. This covers employees suspended from their employment contract for the exercise of a local elected function where the law grants such suspension, under detailed conditions in Article L3141-5, 8°.

The 2024 sick-leave amendment reversed decades of French case law that had excluded ordinary sickness absences from accrual and brought France into compliance with the CJEU's interpretation of the EU Working Time Directive. The December 2025 amendment further extended statutory accrual to certain suspensions for local mandates.

Mandatory main leave period — congé principal (Articles L3141-12, L3141-17). Leave must be taken within a period that in all cases includes 1 May through 31 October. Within that window, the employee must take a continuous block of at least 12 jours ouvrables (roughly two calendar weeks), but no single continuous block may exceed 24 jours ouvrables (four weeks). The fifth week (6 jours ouvrables remaining from the 30-day total) must be taken separately, either during the main leave period or outside it. Exceptions permitting attachment of the fifth week to the main block are granted only to employees with special geographic constraints (posted workers, employees returning to overseas departments) or caring for a disabled dependent (Article L3141-17).

Fractionnement — split-leave bonuses (Article L3141-19). If an employee does not take at least 24 jours ouvrables of the 30-day entitlement during the 1 May–31 October main period (and the shortfall is not the employer's fault), the employee earns additional jours de fractionnement:

• 1 extra day if 3–5 jours ouvrables of main leave remain untaken;
• 2 extra days if 6 or more jours ouvrables remain untaken.

Employer control over leave dates. Article L3141-16 grants the employer the right to fix the order and dates of departures, after consulting the comité social et économique (CSE, the workplace committee) where one exists. The employer must notify employees of the main leave period at least two months before it opens (Article D3141-5) and must notify each employee of their individual departure date at least one month in advance (Article D3141-6). In practice, most employers solicit employee preferences and accommodate them; the statutory power is invoked primarily to manage summer shutdowns or peak-season coverage in retail and hospitality.

Leave upon contract termination — indemnité compensatrice (Articles L3141-23 to L3141-27). If the employment contract ends before the employee has taken all accrued leave, the employer must pay an indemnité compensatrice de congés payés covering the untaken days, calculated under Articles L3141-24 to L3141-27. The two main calculation methods are: (1) the "dixième rule" (one-tenth of total gross remuneration received during the accrual period), and (2) the "maintien de salaire rule" (the amount the employee would have received if they had worked during the untaken leave). The more favorable method for the employee applies. The indemnity is due whether termination results from employer dismissal, employee resignation, or mutual agreement, and is payable even to the heirs of a deceased employee who had not yet taken the annual leave (Article L3141-23).

Prohibition on waiver and monetary substitution. Article L3141-1 establishes congés payés as a public-order (ordre public) right; employees cannot waive it, and employers cannot substitute pay in lieu of time off except at contract termination. An employer who employs a worker during the worker's designated leave period is deemed not to have granted the statutory leave and is liable for damages (Article D3141-1).

Additional leave for young employees and employees with dependents (Article L3141-8). Employees aged 21 or older as of 30 April of the prior year receive two additional jours ouvrables per dependent child, subject to the 30-day statutory cap. Employees under 21 receive the same two days per child but without the cap limitation. A dependent child is one living in the household and under age 15 as of 30 April, or any age if disabled (Article L3141-3 definition by reference).

Compatibility with collective-agreement enhancements. Article L3141-9 provides that the statutory regime is a floor; collective agreements, company agreements, or individual contracts may grant longer leave (for example, additional days for seniority or age). Many French collective agreements provide 1–3 extra days after 10 or 20 years of service.

Source: Code du travail, Articles L3141-1 à L3141-33 Source: Code du travail, Article L3141-3 Source: Code du travail, Articles D3141-5 à D3141-6 Source: Code du travail, Article L3141-5 (as of 2026-06-19)

France requires employers to pay a complementary sick-pay indemnity (indemnité complémentaire) that tops up the social-security daily allowance (indemnités journalières de sécurité sociale, IJSS) during medically certified absences for illness or accident. This obligation—rooted in the 1978 loi de mensualisation—is now codified in Code du travail Articles L1226-1 and D1226-1 to D1226-8. The statutory scheme applies as a floor; many collective agreements provide more generous terms (shorter ancienneté, longer duration, higher rates, or reduced or eliminated waiting periods).

Qualifying conditions (Article L1226-1). An employee is entitled to the employer complement if she meets all of the following:

1. One year of ancienneté (ancienneté = seniority) in the enterprise, measured as of the first day of the absence;
2. Medical certificate (certificat médical) establishing incapacity, furnished within 48 hours of the absence, unless the employee belongs to a category exempted from the notification deadline under Code de la sécurité sociale Article L169-1 (for example, employees receiving long-term-illness or invalidity benefits for whom the timeline is streamlined);
3. Social-security coverage (prise en charge par la sécurité sociale): the employer complement is payable only if the employee is entitled to IJSS from the Caisse primaire d'assurance maladie (CPAM);
4. Treatment within France or the European Economic Area (Article L1226-1, paragraph 3°): the employee must be cared for on French territory or in another EU / EEA member state.

Employees excluded from the statutory scheme (Article L1226-1, final paragraph): home workers (travailleurs à domicile), seasonal workers (saisonniers), intermittent workers, and temporary-agency workers (salariés temporaires).

Waiting period—délai de carence (Articles D1226-1 and D1226-3).

• Non-occupational illness or commuting accident (maladie non professionnelle or accident de trajet): the employer complement begins on the 8th calendar day of absence (a seven-day délai de carence). Days 1–7 are unpaid by the employer, although the CPAM pays IJSS from day 4 onward (subject to its own three-day waiting period under social-security rules).
• Occupational accident or occupational illness (accident du travail or maladie professionnelle, excluding commuting accidents): no waiting period; the employer complement starts on day 1 of the work-stoppage taken into social-security charge.

Amount and duration (Articles D1226-1 and D1226-2). The employer pays an indemnity calculated as a percentage of the gross salary the employee would have received had she continued to work, net of the IJSS and any employer-financed complementary-insurance benefits (Article D1226-5). The statutory formula is:

| Ancienneté | First 30 days | Next 30 days | |-------------------|---------------|--------------| | 1–5 years (< 6) | 90 % | 2/3 (66.67 %) | | 6–10 years | 90 % for 40 days | 2/3 for 40 days | | 11–15 years | 90 % for 50 days | 2/3 for 50 days | | 16–20 years | 90 % for 60 days | 2/3 for 60 days | | 21–25 years | 90 % for 70 days | 2/3 for 70 days | | 26–30 years | 90 % for 80 days | 2/3 for 80 days | | 31+ years | 90 % for 90 days | 2/3 for 90 days |

Precisely: Article D1226-2 provides that the durations increase by ten days (five at 90 %, five at 2/3) for each completed five-year period of ancienneté beyond the one-year threshold, capped at 90 days at each rate (180 days total for employees with 31 or more years).

Rolling twelve-month cap (Article D1226-4). If an employee has multiple sick absences over a twelve-month period, the employer totals all days indemnified during the preceding twelve months and stops once the ancienneté-based maximum is reached. For example, an employee with three years' ancienneté who was already paid for 45 days at 90 % in the prior twelve months has exhausted the first tier and would next receive 2/3 indemnity (subject to the 30-day cap at that tier).

Occupational-accident / occupational-illness treatment. Although the waiting period is zero for accidents du travail and maladies professionnelles, the same duration and percentage schedule applies. Social-security IJSS rates are more generous for AT/MP (60 % of daily reference salary for the first 28 days, 80 % thereafter, with higher ceilings), so the employer's net complement obligation is correspondingly smaller once the IJSS is deducted.

Interaction with social-security IJSS. The employer's indemnity is a complement (complément), not a replacement. Article D1226-5 requires the employer to deduct from the statutory percentage the amount of IJSS the employee receives from the CPAM (and any share of employer-financed complementary insurance). The employee therefore receives approximately 90 % or 2/3 of gross pay in hand—part from the CPAM, part from the employer. Many employers use subrogation (subrogation de l'employeur, Code de la sécurité sociale Article L323-4): the employer pays the full indemnity to the employee on the payroll and directly collects the IJSS from the CPAM, simplifying cash flow for the employee.

Collective-agreement enhancement. Article L1226-1 is a public-order floor. Most French collective agreements (hundreds of conventions collectives) specify more favorable terms. Common enhancements include:

• Zero or reduced waiting period (many agreements eliminate the seven-day gap for non-occupational illness);
• Shorter ancienneté requirement (six months or two months instead of one year);
• Higher rates (100 % gross for a period, rather than 90 %);
• Longer durations (for instance, 90 days at 100 %, then 90 days at 90 %, scaled by ancienneté).

When an agreement is more favorable on some dimensions (for example, shorter ancienneté) but less favorable on others (lower percentage), French case law requires a global comparison (appréciation globale avantage par avantage) for each absence to determine which regime applies. The employer cannot "cherry-pick" the best provisions from each; one regime or the other applies in its entirety.

Employer counter-visit rights. Article L1226-1 permits the employer to arrange a contre-visite médicale (counter-examination) by an independent physician at any time during the sick leave. Articles R1226-10 to R1226-12 specify the procedure: the examining physician may visit the employee at the employee's home or lieu de repos (notified rest location) outside authorized outings, or may summon the employee to the physician's office. If the employee refuses the counter-visit without legitimate cause, the employer may suspend the complementary indemnity (the CPAM IJSS continues unless the social-security medical service also suspends it). The employee may contest a suspension through the conseil de prud'hommes.

Exclusions and reductions. Employees working from home (travailleurs à domicile), seasonal, intermittent, and temporary-agency workers are excluded by statute (Article L1226-1, final paragraph). Part-time employees are covered; the indemnity is calculated on the basis of the gross pay they would have received (that is, their contractual part-time salary), not a full-time equivalent.

Enforcement. Failure to pay the statutory indemnity is an infraction of the public-order provisions of the Code du travail and gives the employee a wage claim in the conseil de prud'hommes. No dedicated administrative fine is specified; the employee's remedy is recovery of the unpaid complement plus interest and, potentially, damages for abuse (préjudice).

Interaction with long-term disability and return-to-work procedures. When a sick absence exceeds 30 days, Article L1226-1-3 (effective 31 March 2022) creates a right to a rendez-vous de liaison (liaison meeting) with the employer and the occupational-health service (service de prévention et de santé au travail) to discuss return-to-work accommodation and early-intervention measures under Code de la sécurité sociale Article L323-3-1. This meeting does not affect the sick-pay indemnity, but it is part of France's broader prévention de la désinsertion professionnelle (prevention of workplace exclusion) framework.

Source: Code du travail, Article L1226-1 Source: Code du travail, Articles D1226-1 à D1226-8

France provides a trio of statutory leave entitlements surrounding childbirth and adoption—maternity leave (congé maternité), paternity and second-parent leave (congé de paternité et d’accueil de l’enfant), and parental leave (congé parental d’éducation)—each with strict protections and pay rights. As of July 2026, a new supplementary entitlement applies for recent births/adoptions.

1. Maternity leave (congé maternité) Under Code du travail Article L1225-17, pregnant employees are entitled to a suspension of work—16 weeks (6 prenatal, 10 postnatal) for a first or second child, 26 weeks for a third or further child (8/18). Entitlement rises to 34 weeks for twins and 46 weeks for triplets (L1225-18 to L1225-21). Adoption triggers similar rights (L1225-37, L1225-38). Additional time is granted for premature birth, complications, or in specific medical cases (L1225-21). Job protection spans the leave and a further period, and dismissal is barred (L1225-4, L1225-71; job guarantee in L1225-23).

Pay during maternity leave: the social security system pays daily allowances (IJSS maternité) if the employee has at least 10 months’ insurance and meets recent work/earnings thresholds (CSS L331-3). Employer top-ups may be required by collective agreements only.

2. Paternity and second-parent leave (congé de paternité et d’accueil de l’enfant) Article L1225-35 grants the father or designated second parent 25 days (32 for multiple births), to be taken within 6 months after birth/adoption. The first 4 days must immediately follow a 3-day statutory birth leave (congé de naissance, L3142-1). Leave is protected and paid via IJSS (CSS L331-8) if conditions are met; notice must be given at least 1 month before leave. Dismissal protections mirror maternity leave (L1225-4, L1225-71).

3. Parental leave (congé parental d’éducation) Articles L1225-47 to L1225-55 allow either parent to fully or partially suspend their contract until the child’s 3rd birthday (or anniversary of adoption). The leave is unpaid but a flat-rate allowance (PreParE) may be payable by CAF; eligibility requires 1 year of employment at the date of birth/adoption. Job protection applies and dismissal is prohibited for taking or requesting this leave.

4. Supplementary birth leave (congé supplémentaire de naissance)—NEW as of 2026 A new statutory right, created by Loi de financement de la sécurité sociale 2025 and Décret n°2026-419 (effective July 2026), entitles each parent to take an additional 1 to 2 months of paid leave (precisely: 30 or 60 consecutive days, prorated for part-time) following maternity/paternity/adoption leave. This new entitlement applies to:

• Children born or adopted on or after 1 January 2026
• Children born prematurely if the expected term was after 1 January 2026

This leave must be taken within 9 months of 1 July 2026, or for later births/adoptions, within 9 months of the event. It is paid under social security rules (daily allowance) if the employee meets required insurance/earnings thresholds. Eligible private-sector and assimilated employees may request this leave in writing; the employer cannot refuse it but must be notified at least 1 month in advance. Decree n°2026-427 sets similar rules for civil and military employees.

Special rules and extensions also apply for adoption, preterm birth, illness, or death of the child (L1225-23, L1225-24, L1225-41). Always confirm the latest operational details in the cited primary sources.

Source: Code du travail, Articles L1225-17 à L1225-55 Source: Code de la sécurité sociale, Article L331-3 Source: Code du travail, Article L1225-35 Source: Décret n°2026-419 du 30 mai 2026 Source: Décret n°2026-427 du 30 mai 2026

France recognizes a set of statutory public holidays (jours fériés) defined primarily in Article L3133-1 of the Code du travail. These days are:

• 1 January (Jour de l’An – New Year)
• Easter Monday (Lundi de Pâques)
• 1 May (Fête du Travail – Labour Day)
• 8 May (Victory in Europe Day)
• Ascension Day (Jour de l’Ascension)
• Whit Monday (Lundi de Pentecôte)
• 14 July (Fête nationale – Bastille Day)
• 15 August (Assumption)
• 1 November (Toussaint – All Saints’ Day)
• 11 November (Armistice Day)
• 25 December (Christmas)

Alsace-Moselle has two additional holidays (Good Friday, 26 December – Article L3134-16).

Entitlement and obligation to close. There is no general obligation for private-sector employers to close on statutory holidays except for 1 May (Article L3133-4). Work on 1 May is prohibited except in establishments where work cannot be interrupted (public transport, hospitals). Employees working on 1 May are entitled to double pay (Article L3133-6). For other holidays, closure requirements apply only if specified in a collective agreement, local custom, or municipal decree (Article L3133-3). A municipal decree (arrêté municipal) is a formal order by the mayor that may require certain businesses to close on specific holidays within city limits.

Pay for holidays. Employees are entitled to paid leave for days off on statutory holidays, without length-of-service conditions, except for casual/short-term workers (Article L3133-3, D3133-1). If a holiday falls on a non-working day, no additional leave or pay is due. There is no statutory right to substitution if the holiday falls during an employee’s leave.

Working on public holidays. Except for 1 May, employers may require employees to work on public holidays unless otherwise agreed. Payment for work on these days, other than 1 May, is set by collective agreement or employer policy; there is no statutory premium.

Special regional rules. Alsace-Moselle recognizes two additional holidays (Article L3134-16), and pay/closure rules there are stricter, mandating paid leave except in limited sectors explicitly exempted (for example, health and transport, per the decree).

Enforcement and remedies. Violation of public-holiday rules entitles employees to wage claims before the conseil de prud’hommes; failure to observe the 1 May double pay can be sanctioned.

Source: Code du travail, Articles L3133-1 à L3133-6 Source: Code du travail, Article L3133-4 Source: Code du travail, Article L3134-16

France mandates compulsory retirement insurance (assurance vieillesse) for nearly all employees under the general social security scheme (régime général de sécurité sociale), established primarily in the Code de la sécurité sociale, Book III, and administered for most private-sector workers by the CNAV (Caisse nationale d'assurance vieillesse).

Who is covered? All employees in the private sector (main exceptions: most civil servants, agricultural workers, and certain “special regimes”) must participate. Affiliation is automatic by virtue of employment.

Employer and employee contributions Articles L241-2 and L242-1 of the Social Security Code impose mandatory contributions on all employment salaries up to the annual Social Security Ceiling (PASS), with reduced rates on amounts above. The contribution rates themselves are set by annual URSSAF circulars (not codified in the Code); only the PASS value is set by decree. For 2026, the PASS is €48,060 (arrêté du 19 décembre 2025, published in the JORF). Prevailing rates for 2026 must be confirmed on the URSSAF website or in the latest official circular, as they are updated annually outside the Code.

Employers must pay and report these contributions to URSSAF monthly or quarterly, regardless of contract type (CDI, CDD) or work schedule, and face recovery and penalties for omissions (CSS L243-3, L243-5).

Statutory pension entitlement Base pension parameters—including required number of contribution quarters, retirement ages, and formula—are set principally in Article L351-1 and subsequent decrees. The legal retirement age is rising incrementally from 62 to 64 (for cohorts born September 1961 onward) following the 2023 pension reform. Full-rate pension requires validation of a set number of quarters (typically 172 for those born 1965+). The benefit is calculated using the average of the 25 best gross salary years (each capped at the PASS), subject to maximum and minimum thresholds (minimum contributif), and adjusted for early/late retirement (see L351-1-2).

Mandatory supplementary pension All private-sector employees must also participate in the statutory supplementary scheme (AGIRC-ARRCO), governed by separate statutes and regulations (see Code de la sécurité sociale, Article L921-2 and following). This layer is mandatory but legally distinct from the CNAV base pension.

Enforcement and penalties URSSAF is charged with audit and enforcement. Failure to report or pay contributions triggers financial penalties and recovery (CSS L243-3, L243-5). Employees’ benefit rights are protected by public-order provisions—if the employer fails to pay, CNAV is subrogated to the employee’s claim (L242-1). Limitation periods are set in the Code, with practical guidance in URSSAF circulars (precise windows require checking the latest URSSAF documentation as of 2026-06-18).

Source: Code de la sécurité sociale, Article L241-2 Source: Code de la sécurité sociale, Article L242-1 Source: Code de la sécurité sociale, Article L351-1 Source: Arrêté du 19 décembre 2025 fixant le plafond de la sécurité sociale pour 2026 Source: Code de la sécurité sociale, Article L921-2 Unable to confirm as of 2026-06-18 the final 2026 employee/employer old-age contribution rates.

France provides a distinct statutory leave entitlement for fathers and equivalent second parents—congé de paternité et d’accueil de l’enfant—codified in Code du travail Articles L1225‑35 and D1225‑8. This right, reformed by Law n°2020‑1576 and effective since July 1, 2021, aims to support early child bonding and imposes key employer compliance duties.

Who is entitled?

• The biological father of the child;
• The spouse, civil partner (PACS), or cohabiting partner of the mother, regardless of sex.

The leave applies in cases of birth or, by reference, adoption (see L1225-37, L1225-38).

Leave structure and duration (Article L1225-35):

• Total duration: 25 consecutive calendar days for a single birth, or 32 days for multiple births (twins, triplets, etc.).
• The leave is split into:
• 4 consecutive days: these follow immediately after the 3-day statutory birth leave (congé de naissance, Article L3142-1; usually paid at full salary).
• 21 days (or 28 for multiples): may be taken in one or two periods of at least 5 days, at the employee’s choice (D1225-8, D1225-8-1).

Timing and notice (D1225-8):

• The employee must notify the employer at least 1 month before the intended start date, specifying expected dates.
• The leave must be used within six months of the child’s birth.
• In case of early birth or immediate hospitalization of the child, the employee may adapt the timing and the notice period is effectively waived (D1225-8-1).

Pay and protections:

• The period is paid through social-security (IJSS paternité – indemnités journalières de sécurité sociale) subject to qualifying minimum insurance and earnings (see Code de la sécurité sociale L331‑8). Many collective agreements require employer top-ups, but this is not mandated by statute.
• The employment contract is suspended: the employer must guarantee reinstatement to the same or equivalent position.
• Dismissal is strictly prohibited during the protected statutory leave (L1225-4, L1225-71).

Hospitalization extension: If the newborn is hospitalized immediately after birth, the leave may be extended by up to 30 additional days (D1225-8-1), with medical proof and employer notice.

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NEW: Supplementary paid birth leave—congé supplémentaire de naissance (in force 1 July 2026)

Under the Loi de financement de la Sécurité sociale pour 2026 and Décret n°2026-419 (30 May 2026), France introduces a new paid supplementary birth leave, effective for children born or adopted from 1 January 2026. Each parent may take a new additional period of 1 to 2 months’ paid leave (precisely, 30 or 60 consecutive days, prorated for part-time) after the statutory maternity, paternity, or adoption leave is exhausted. This leave must be taken within 9 months of the event (or 9 months from 1 July 2026 for earlier 2026 births/adoptions). Notice must be given to the employer at least 1 month (or 15 days if requested flexibly), and the employer cannot refuse. Benefit levels are set by social security rules and eligibility, and civil or military employees have parallel rights under Décret n°2026-427.

This new entitlement is strictly separate from the standard paternity and child-welcoming leave, which remains unchanged, and both entitlements can be combined for qualifying events in 2026 and beyond. Practitioners must check effective dates and decrees for operational specifics.

Source: Code du travail, Article L1225-35 Source: Code du travail, Articles D1225-8 à D1225-8-1 Source: Décret n° 2026-419 du 30 mai 2026 Source: Loi de financement de la sécurité sociale pour 2026

France operates a standalone statutory scheme for workplace accidents and occupational diseases — accidents du travail et maladies professionnelles (AT/MP) — managed by the social-security system and codified in Book IV of the Code de la sécurité sociale (Articles L411-1 and following).

Coverage and Definitions (unchanged): All employees in the private sector (including apprentices and most trainees) are mandatorily covered under the AT/MP regime from the first day of employment (CSS L411-1). The scheme also extends, with nuances, to commuting accidents (accidents de trajet, L411-2 and L411-3). Definitions and coverage for accident du travail and maladie professionnelle are unchanged, with illnesses on a recognized table presumed to be occupational (L461-1, L461-2).

Employer Obligations (updated for 2026):

• Employers must report any workplace accident within 48 hours to the CPAM (L441-2), using the required form; failure may result in new penalties introduced by law as of 2026 (see below).
• Suspected occupational diseases must be reported if notified by an employee or physician (L461-5).
• Pay the employee’s usual salary for the day on which the accident occurs (Code du travail L1226-7).
• Finance AT/MP insurance contributions: Since amendments effective 31 Dec 2025 (Loi n° 2025-1403, L.242-5 and arrêté of 30 Dec 2025), employers pay contributions based on experience-rated ("bonus-malus") rates for their risk category, set annually. The 2026 national average net rate is set by arrêté at 2.08%. Mutualisation now applies, with some risk elements shared across employers, and new rules clarify shared responsibility for temporary workers (R242-6-1, Decree 2024-723). Electronic notification became mandatory in 2026 for certain events, with graduated penalties for failures (L.242-5, penalty provisions as of May 2026).

Employee Rights and Benefits (still current):

• Immediate suspension of the employment contract following an accident, with statutory protection against dismissal except in cases of gross misconduct (Code du travail L1226-9).
• Social security pays a daily indemnity (indemnité journalière) from day one (no waiting period, L433-1). For temporary incapacity, daily indemnities are calculated as fixed percentages of reference salary: 60% at the base rate, rising to 80% after 28 days (L433-1, L433-2), subject to statutory caps. The duration for payment of daily AT/MP benefits is capped at four years, with possible re-entitlement if the employee returns to work for at least one year (Décret n° 2026-501 du 12 juin 2026).
• All medical care is generally covered, subject to reference tariffs and statutory lists, with exceptions.
• In case of permanent disability, lump-sum or life annuity compensation applies per degree of incapacity (L434-1, L434-2). As of May 11, 2026, new indicative tables for disability assessment are used (Arrêté du 7 mai 2026).

Procedural Notes:

• Employees may contest recognition/refusal of AT/MP status under administrative recourse procedures (CSS L431-1, R142-1 and following).
• Collective agreements may provide more generous employer-paid supplements but do not override statutory minima.

Recent Legal Changes (all effective 2026):

• Mutualisation and electronic notification obligations, plus new penalties under L242-5 (as amended by Loi n°2025-1403 and related arrêté).
• 2026 national average net AT/MP contribution rate set at 2.08% (Arrêté of 30 Dec 2025).
• R242-6-1 updated by Decree 2024-723 for temporary work/cost-sharing.
• Penalty mechanism and new pricing rules for AT/MP fatalities introduced by Decree 2025-342.
• Four-year benefit maximum with re-entitlement rules (Décret n° 2026-501); new disability tables (Arrêté du 7 mai 2026).

Source: Code de la sécurité sociale, Articles L411-1 à L471-1 Source: Décret n° 2026-501 du 12 juin 2026 Source: Arrêté du 7 mai 2026 Source: Loi n° 2025-1403 du 30 décembre 2025 Source: Arrêté du 30 décembre 2025 Source: Code de la sécurité sociale, Article L242-5 Source: Code de la sécurité sociale, Article R242-6-1 Source: Décret n° 2025-342 du 15 avril 2025

French law provides for a set of paid short-term leave entitlements for certain family and personal life events—congés pour événements familiaux—in addition to annual leave, sick leave, and parental/maternity entitlements. The rules are codified mainly in Code du travail Articles L3142-1 to L3142-4 and set absolute statutory minimums; collective agreements, company policy, or internal regulations may provide for longer or more generous leaves.

Statutory events and durations (as of 2026):

• Employee’s own marriage or PACS (civil partnership): 4 consecutive days (L3142-1 1°)
• Marriage of a child: 1 day (L3142-1 2°)
• Birth or adoption of a child: 3 days (L3142-1 3°); this is in addition to the separate paternity/second-parent leave and parental leave regimes.
• Death of a child: 12 days minimum (L3142-1 4°, as amended by Law n°2020-692 of 8 June 2020); 14 days if the child was under 25, or if the parent is themselves under 25, or for the death of any dependent under 25 in their care (L3142-1-1).
• Death of a spouse, PACS partner, or partner cohabiting at the same address: 3 days (L3142-1 5°)
• Death of a parent, parent-in-law, sibling: 3 days (L3142-1 6°)
• Announcement of a child’s disability: 2 days (L3142-1 7°)

All these leave absences are counted as actual working time for purposes of statutory annual leave accrual and rights (L3142-2). The employee is entitled to full pay for these days (L3142-3), and may not be penalized or dismissed for taking them (L3142-4).

Employer compliance and collective-agreement overlay: Employers cannot lawfully refuse these leaves, reduce pay, or require an employee to make up the hours. Most collective agreements further increase entitlements (for example, longer leave for bereavement or expanding eligibility to step-relatives), and certain professional branches add additional events.

Procedural requirements: The employee must notify the employer and provide reasonable proof (such as a marriage certificate or death certificate), but the statute is silent on a strict formal process. The employer is not entitled to delay or postpone the leave except in cases of force majeure (severe operational emergency) or if provided by a collective agreement.

If a relevant event occurs during the employee’s main paid annual leave, the period for the special leave suspends the annual leave for the corresponding duration (L3141-16), granting a right to take the special leave separately.

Remedies and enforcement: Failure to grant these statutory leaves entitles the employee to wage claims before the conseil de prud’hommes (labor tribunal), with potential damages for harm suffered.

Source: Code du travail, Articles L3142-1 à L3142-4

France operates a statutory paid sick leave system—indemnités journalières de sécurité sociale (IJSS)—administered by the Caisse primaire d'assurance maladie (CPAM) and governed by the Code de la sécurité sociale, principally Articles L321-1 to L323-6. IJSS ensures income replacement when an employee is medically unfit for work due to ordinary illness (maladie as distinct from workplace accident or occupational disease: see separate AT/MP regime). This section covers ordinary illness; rules differ for affection de longue durée (ALD, chronic/serious illness) and AT/MP.

Eligibility (Code de la sécurité sociale L313-1, R313-3, R313-5):

• The employee must be insured under the French social security scheme.
• Must have worked at least 150 hours in the previous 3 calendar months or earned at least 1,015× the hourly SMIC in the last 6 months (thresholds indexed annually: check current figures in URSSAF/CPAM publications).
• Must provide a medically certified arrêt de travail within 48 hours to both employer and CPAM (CSS L321-2).

Waiting period (CSS L323-1):

• Three calendar days for ordinary illness: IJSS is paid from day 4.
• Collective agreements may waive this, but statutory default is three days.

Amount (R323-4):

• IJSS equals 50% of the employee’s average daily wage (SDJ), calculated on gross earnings from the preceding 3 months, and subject to a cap at 1.8× the monthly Social Security ceiling (PASS).
• As of 2025, the PASS is €3,864/month (Décret n°2024-1686); daily cap for IJSS is €63.52.
• For employees with three or more dependent children, from the 31st day of leave, the IJSS rate increases to 66.66% (L323-4).
• Supplementary employer-paid benefits may apply (see "Maintien de salaire — employer sick-pay complement"), but only the IJSS is mandatory under social security law.

Maximum duration (L323-1):

• Cumulative maximum of 360 days’ IJSS paid in any three-year period for ordinary illness.
• For ALD (chronic/serious illness officially recognized), extended IJSS is possible for up to 3 years (see L324-1, not detailed here).

Procedural duties and enforcement:

• Employee must send arrêt de travail within 48 hours. Failure delays payment but does not disqualify entitlement.
• Employer must supply salary certificates. Failure causes delay, not loss of right (L321-2, R323-10).

Thresholds and social-security ceilings are subject to annual revaluation by decree. Always confirm current figures on Legifrance or via URSSAF/CPAM.

Source: Code de la sécurité sociale, Articles L321-1 à L323-6 Source: Code de la sécurité sociale, Article R323-4 Source: Décret n° 2024-1686 du 22 février 2024 (PASS 2025)

France’s Code du travail establishes that statutory benefits on leave and pay are a public-order floor (ordre public social), and collective agreements (conventions collectives) cannot provide for less, but are often used to enhance those minima. This creates non-negotiable minimums for entitlements such as the statutory duration of paid annual leave (set in Article L3141-1), paid public holidays (L3133-3), or the SMIC minimum wage (L3231-2), while permitting enhancement at sector or company level through negotiation. This model—often described as the "favorable principle"—is set out chiefly in Articles L2251-1 and L2254-1.

The statutory floor: inalienable rights Articles L2251-1 and L2254-1 codify the hierarchy. For most rights involving minimum leave or pay, neither the individual contract nor a collective agreement may authorize provisions less favorable to the employee than the law. For example, annual leave (minimum 30 working days per year under L3141-3) or the minimum wage (L3231-2) may only be raised by a collective agreement, never lowered. Any attempt to waive these rights—even by mutual consent—is null and void by law.

Permitted derogations and explicit exceptions By exception, the Code du travail allows limited deviation on terms the law expressly designates as negotiable. For instance, a collective agreement can provide for alternative rules on the split of annual leave (fractionnement, Article L3141-19), or determine the period for taking main vacation (Article L3141-10). These areas are always marked by statutory language permitting such arrangements. Unless a specific derogation is authorized, collective agreements cannot reduce statutory minima.

Enforcement and remedies Any agreement or contractual clause that violates statutory floors is void for that term. Employees denied the legal minimum may bring a claim before the conseil de prud’hommes (labor tribunal) for arrears and potentially damages. Statutory minima apply regardless of any purported waiver.

Industry practice is for collective agreements to grant supplementary leave, higher sick pay, or additional paid holidays, but never less than the minimum provided by statute except where a specific exception in the law allows it.

Source: Code du travail, Articles L2251-1, L2254-1

France provides a statutory income-replacement benefit—pension d’invalidité—for employees whose ability to work is permanently reduced by illness or an accident unconnected to work, under Code de la sécurité sociale Articles L341-1 to L341-16. This regime is distinct from "incapacité permanente" (which applies for workplace injuries and occupational diseases: L434-1), and is administered by the Caisse primaire d'assurance maladie (CPAM).

Eligibility criteria (L341-1, L341-2, R341-2): To qualify, an employee must:

• Be affiliated with French social security as an employee for at least 12 months prior to the medically determined date of incapacity (L341-2);
• Meet contribution requirements: in the 12 months before incapacity, either have worked at least 600 hours, or contributed on remuneration at least equal to 2,030 times the hourly SMIC (R341-2);
• Have their incapacity medically certified by CPAM’s medical service as causing a reduction of at least two-thirds (66%) in general earning capacity or capacity to secure employment similar to a healthy person of comparable qualification (L341-3).

Invalidity categories and benefit calculation (L341-4, L341-6):

• 1st category: Capable of some gainful employment; receives 30% of the average annual salary over the best 10 years, up to a ceiling set by decree (L341-4, L341-6).
• 2nd category: Incapable of any work; receives 50% of the average, subject to the same ceiling.
• 3rd category: Incapable of any work and requiring third-party assistance; receives the 2nd category pension plus a "majoration pour tierce personne" (additional supplement, L341-4, L341-6-1).

As of 2025, the ceiling for the base pension is aligned with the annual social-security ceiling (PASS: €46,368), but the specific 2026 figure: Unable to confirm as of 2026-06-17.

Duration and review (L341-9): The pension is paid monthly and may be revised or withdrawn following medical review if the person’s condition improves, the degree of invalidity no longer meets the threshold, or the beneficiary resumes substantial professional activity.

Employment and resumption (L341-12): Pension d’invalidité is compatible with resumption of part-time work (L341-12); benefit payment may be suspended or recalculated if income exceeds certain thresholds. CPAM regularly reviews work activity and coordinates with the employee to avoid overpayments.

Labor law interplay (Code du travail L1226-10): If, after prolonged illness, an employee is found unfit (inapte) for their role, the employer must explore readaptation or redeployment options (L1226-10). If no suitable position exists, lawful dismissal is possible subject to labor code procedures—but the pension right itself does not compel dismissal.

Source: Code de la sécurité sociale, Articles L341-1 à L341-16 Source: Code de la sécurité sociale, Article R341-2 Source: Code du travail, Article L1226-10 Unable to confirm as of 2026-06-17 the 2026 decree setting the updated ceiling.

France provides a statutory right to unpaid leave—"congé de proche aidant"—for employees who need to care for a relative with a particularly serious loss of autonomy or disability, whether due to age, illness, or accident. This right is codified in Code du travail Articles L3142-16 to L3142-27-3, with a supporting benefit (allocation journalière du proche aidant, AJPA) paid by social security under the Social Security Code (CSS L168-1 and following).

Who is eligible? An employee may take the congé de proche aidant to care for:

• a close relative suffering from a particularly grave loss of autonomy necessitating substantial assistance (L3142-16 2°);
• the spouse, concubin(e), or PACS partner;
• an ascendant, descendant, sibling, uncle/aunt, nephew/niece, or person living habitually in their household (L3142-16 1°).

The person cared for must either:

• be recognized as having at least "GIR 1, 2 or 3" (the French dependency scale for "perte d'autonomie"), or
• hold a disability card or similar benefit (as referenced in L3142-16), including PCH, AEEH, or be a recipient of a military disability pension.

Duration and renewal The statutory floor, per Article L3142-19, is a maximum of 3 months per episode, renewable up to a total of one year over the employee’s entire career with the same employer. Collective agreements may provide a better entitlement, but not less (L3142-28).

Procedures and notice The employee must request the leave in writing (L3142-20), specifying the dates and the identity/relationship of the person cared for, and supply proof (medical certificate or administrative notification). Notice periods are set by collective agreement or, failing that, by law (usually at least 15 days, except emergencies—L3142-22).

Job protection and impact on rights The employment contract is suspended: the employee remains on the staff and retains all employment rights other than salary (L3142-24). Time on leave counts as effective employment for purposes of seniority, benefit acquisition, and rights such as congés payés (L3142-26). Dismissal for having exercised this right is prohibited.

Social-security benefit—AJPA While the leave is unpaid by the employer, the employee may claim the "allocation journalière du proche aidant" (AJPA) as a daily allowance from CAF/MSA, up to a statutory ceiling of days per year (L168-1 to L168-8 CSS). The exact 2026 AJPA amount: Unable to confirm as of 2026-06-17.

Source: Code du travail, Articles L3142-16 à L3142-27-3 Source: Code de la sécurité sociale, Article L168-1 Unable to confirm as of 2026-06-17 the current AJPA daily amount.

France grants employees the right to statutory unpaid leave—congé pour enfant malade—to care for a sick or injured child, under Code du travail Article L1225-61. Eligibility extends to any employee who is the parent (biological, adoptive, or with legal care of the child), provided the child is under 16 years of age. The statute does not explicitly restrict eligibility by contract type or length of service; there is no exclusion in the cited articles as of 2026.

Leave duration and household limit:

• The statutory entitlement is capped per calendar year and per household (not per parent):
• 3 working days per year if the child is under 16
• 5 working days per year if the child is under 1 year old, OR if the employee has at least three dependent children under 16 (L1225‑61; R1225-14)

These days are not per illness episode, but a total annual maximum that cannot be doubled by both parents working in the same household.

Notification and documentation (R1225-14): The employee must inform the employer of the absence and its expected duration as soon as possible, and provide a medical certificate confirming the necessity for the parent's presence with the ill or injured child. The statute grants no further procedural requirements, and there is no statutory minimum notice period.

Pay during leave: The statutory leave is unpaid unless a collective agreement, company policy, or employment contract expressly provides otherwise. The code establishes minimum protection; sector- or employer-level enhancements must be checked on a case-by-case basis.

Distinction from other leave: This entitlement is distinct from parental leave, "congé de présence parentale" (for gravely ill children), and family caregiver leave—all with different eligibility, duration, and pay rules. Article L1225-61 and Article R1225-14 govern only the basic child illness leave described here.

Source: Code du travail, Article L1225-61 Source: Code du travail, Article R1225-14

France provides a distinct, protected statutory leave—congé de présence parentale—for employees who need to provide sustained care to a dependent child suffering from a grave illness, disability, or accident, as defined in Code du travail Articles L1225-62 to L1225-65-2. This regime enables a parent (biological, adoptive, or with legal care) to suspend their employment contract for up to 310 working days over a maximum period of three years, in order to care for a child under 20 for whom medical documentation attests to the need for sustained parental presence. The right is renewable if the child's condition so requires, subject to medical reassessment (L1225-63).

Eligibility and procedure (L1225-62, L1225-63-1):

• Available for any employee whose dependent child under age 20 is gravely ill, disabled, or the victim of an accident of particular severity, with a certificate from a treating physician (L1225‑62).
• The right may benefit both parents, but the statutory maximum is a total per child, not per parent. Leave can be split between parents; both may take leave but not simultaneously to double the duration.
• The employee must inform the employer in writing at least 15 days ahead (unless emergency) and include the medical certificate (L1225-63-1).
• The right is distinct from regular unpaid sick-child leave and family-caregiver leave (comparison: see /guides/france/statutory-benefits-and-leave/conge-enfant-malade-statutory-child-illness-leave and /guides/france/statutory-benefits-and-leave/conge-proche-aidant-family-caregiver-leave-entitlement).

Duration and job protection:

• The statutory base is 310 working days (jours ouvrés) over 3 years (L1225-62). Leave can be taken in blocks or as individual days to cover hospitalizations, treatments, or home care.
• The employment contract is suspended; seniority and benefit accrual are maintained (L1225-64), and dismissal for having taken or requested the leave is prohibited (L1225-62, L1225-63).

Pay and daily allowance (AJPP):

• The leave itself is unpaid by the employer. However, eligible employees may claim the "allocation journalière de présence parentale" (AJPP) from the family benefits fund (CAF), under Article L544-1 et seq. of the Code de la sécurité sociale. The amount and maximum number of daily payments are subject to annual adjustment.
• Specific 2026 AJPP amount: Unable to confirm as of 2026-06-18.

Return and renewal (L1225-63): At the end of the leave or in case of interruption, the employee has the right to return to the previous job or an equivalent one, with all accrued seniority. The leave is renewable if the child’s condition so warrants, upon further medical certification.

Source: Code du travail, Articles L1225-62 à L1225-65-2 Source: Code de la sécurité sociale, Article L544-1 Unable to confirm as of 2026-06-18 the current AJPP daily amount.