Maternity Leave in France (2026): Expert Guide

France offers some of the most comprehensive maternity protections in Europe. Maternity leave (congé de maternité) is mandatory, paid through the Social Security system, and backed by strong dismissal protections that remain in force for 10 weeks after the mother returns to work.

For employers hiring in France (whether through a local entity or an Employer of Record) understanding these rules is not optional. Failing to comply with maternity leave obligations can result in fines up to €1,500 per violation, damages claims, and serious reputational harm.

This guide covers everything employers need to know about maternity leave in France in 2026, including the standard durations, how pay is calculated, paternity and parental leave, job protection rules, the new supplementary birth leave (congé supplémentaire de naissance) taking effect from July 2026, and the employer compliance obligations that apply throughout.

The duration of maternity leave depends on the number of children the mother is expecting and how many children she already has. Leave is split into a prenatal period (before the expected due date) and a postnatal period (after birth).

Maternity leave is mandatory. It is strictly forbidden for an employer to require or allow an employee to work during the prenatal and postnatal leave periods. The minimum mandatory absence is eight weeks, including six weeks after the birth.

Adjusting the Split Between Prenatal and Postnatal Leave

The mother may request to transfer up to three weeks of her prenatal leave to the postnatal period, subject to medical approval. For example, for a first child she could take three weeks before birth and 13 weeks after. If pregnancy-related complications arise, the prenatal leave can be extended by up to two additional weeks, and the postnatal leave by up to four weeks.

If the baby is born prematurely, the unused prenatal days are automatically added to the postnatal leave. If the baby is born after the expected due date, the prenatal leave extends until the actual birth and the postnatal leave duration remains unchanged.

Maternity leave in France is paid through the Social Security system (CPAM), not directly by the employer. The employer has no legal obligation to pay the mother during leave, although many collective bargaining agreements (CBAs) require salary top-ups to maintain full or near-full pay.

Calculating Daily Allowances (Indemnités Journalières)

The CPAM calculates daily maternity allowances based on the employee’s average gross salary over the three months preceding the start of leave. The calculation follows three steps:

In 2026, the minimum daily allowance is €11.12 and the maximum is €104.02 per day. Allowances are paid every 14 days directly to the employee by the CPAM.

For an employee earning €3,500 gross per month, the daily allowance would be approximately: (€3,500 × 3) ÷ 91.25 = €115.07 base, minus 21% = approximately €90.91 per day.

To receive maternity daily allowances from the CPAM, the employee must meet the following conditions:

The employee must have been registered with Social Security (affiliée) for at least 10 months before the expected due date. She must also have worked at least 150 hours in the three months before leave begins, or have earned at least 1,015 times the hourly SMIC over the six calendar months before the stop date. There is no minimum seniority requirement with the current employer. The right applies regardless of contract type (CDI, CDD, temporary, apprenticeship).

The employee must declare the pregnancy to both the CPAM and her employer within the first 14 weeks. The employer should receive a letter (lettre recommandée avec accusé de réception) or hand-delivered notice stating the reason for absence, the expected start and end dates of leave, and the medical certificate confirming the pregnancy and expected due date.

French law provides some of the strongest employment protections for pregnant employees and new mothers in Europe. Employers must understand three distinct protection periods:

At the end of maternity leave, the employee must be reinstated to her previous position or an equivalent role with at least the same pay and benefits. Any pay rises granted to other employees in the same category during the leave must also be extended to the returning mother from the date she returns.

The employee may also resign during pregnancy or at the end of maternity leave without serving a notice period. This is a one-way right and the employer cannot request it.

Fathers and partners (including same-sex partners) are entitled to paternity and childcare leave (congé de paternité et d’accueil de l’enfant) following the birth. This leave has two components:

Paternity leave pay follows the same Social Security calculation as maternity leave: average gross salary over the last three months divided by 91.25, with a 21% deduction. The employer pays for the three-day birth leave. The CPAM pays the paternity leave allowance. The employee must notify the employer at least one month before the planned start date.

The Social Security Financing Act for 2026 (LFSS 2026), adopted on 16 December 2025, creates a new supplementary birth leave that adds to the existing maternity, paternity, and adoption leave entitlements. This is the most significant change to French parental leave in years.

After maternity or paternity leave ends, either parent can take unpaid parental leave (congé parental d’éducation) or switch to part-time work until the child turns three. Key features:

The initial period is one year, renewable twice (up to the child’s third birthday). For the birth of twins, it can extend until the children turn three. For triplets or more, it extends until the children turn six. The employee must have at least one year of seniority at the date of birth.

Parental leave is unpaid by the employer. The parent may receive a monthly allowance from the CAF (Caisse d’Allocations Familiales) called the PreParE (prestation partagée d’éducation de l’enfant), but amounts are modest, typically €400 to €600 per month for full leave.

The employment contract is suspended during parental leave. The employee is guaranteed reinstatement to the same or an equivalent position at the end of the leave.

Employers in France, whether operating through a local entity, a branch, or an EOR, must comply with the following obligations related to maternity and parental leave:

Before and During Pregnancy

Allow time off for mandatory prenatal medical examinations (seven examinations are required). The employee cannot be penalised or docked pay for attending these appointments during working hours. From the third month of pregnancy, the employee may request a reduction of one hour per day, subject to the occupational physician’s recommendation.

During Maternity Leave

The employer must not allow the employee to work during maternity leave. The contract is suspended. The employer must continue to accrue annual leave rights during the maternity leave period. Maternity leave counts as effective working time for leave accrual. If the employee is on a part-time contract, she is automatically reinstated to full-time hours during maternity leave.

After Maternity Leave

Reinstate the employee to her previous role or an equivalent position with the same or better pay. Apply any collective or individual pay rises that were granted during her absence. Respect the 10-week dismissal protection period. Conduct a return-to-work medical examination (visite de reprise) with the occupational physician within eight days of the employee’s return.

Penalties for Non-Compliance

An employer who requires or permits an employee to work during the prohibited maternity leave period faces a fine of up to €1,500 per violation and may be ordered to pay damages. Dismissal of a protected employee can be declared null and void by the labour court, with potential reinstatement and back pay.

The direct cost to the employer is relatively limited because Social Security covers the maternity allowance. However, several indirect costs apply:

Adoption leave (congé d’adoption) follows similar rules to maternity leave. The duration depends on the number of children adopted and the number of children already in the household:

Adoption leave pay is calculated and paid by Social Security in the same way as maternity leave. Both parents may share adoption leave, although only one parent can take the full duration and the other receives a shorter portion. The new supplementary birth leave from July 2026 also applies to adoptive parents.

France’s maternity leave provisions are generous by global standards, though not the longest in Europe. Here is a brief comparison:

France stands out for its combination of duration, strong pay through Social Security, and absolute dismissal protection during the leave period. The new supplementary birth leave from July 2026 will further extend the total available parental time.