September 25, 2021

Birth or adoption: what is parental leave for education?

Who is entitled to parental leave of education (CPE)?
Any employee (male or female, natural or adoptive parent) may benefit from parental education leave if he / she has one year of seniority in the company at the date of the birth of the'child or, in the case of adoption, his arrival at the home (before the age of 16).

Is he paid?
No. But according to the Ministry of Labor, Employment, Vocational Training and Social Dialogue, "the employee can use the rights acquired on his time savings account to" finance "". The beneficiary of the leave may also, if he fulfills the conditions, benefit from the complementary free choice of activity served by the Caisse d'Allocations Familiales (CAF) *.

How long is it?
The parental leave has an initial duration of one year maximum. It can be extended twice but can not exceed the date of the third anniversary of thechild.
In the case of adoption, the leave may not exceed:
? a duration of 3 years, if thechild was less than 3 years old on arrival at the home;
? a period of one year, if thechild was over 3 years old and has not yet reached the age of 16.

In case of serious illness, accident or disability of thechildthe period of parental leave or the period of part-time work may be extended by one year.
At each renewal, the employee can transform his parental leave into part-time work or part-time work into parental leave.

How to apply?
You must first inform your employer by registered letter with acknowledgment of receipt (AR) or by letter delivered by hand against discharge (receipt), indicating the start date of the desired parental leave and its duration.
If the parental leave starts immediately after the maternity or adoption leave, you must inform your employer at least one month before the end of the maternity or adoption leave. If not, your employer must be informed at least 2 months before the start of the leave.

Can I be denied?
No. Parental leave is a right, regardless of the size of the company. Your employer can not refuse you.

And if I change my mind?
It's possible. In case of death of thechild or significant decrease in household resources, it is possible for the employee:
? to resume his initial professional activity,
? transforming full parental leave into part-time work,
? or modify the duration of the chosen part-time, in agreement with his employer.

A reasoned request must be sent to the employer by RA at least one month before the interruption or modification of the leave.

In addition, the employee has the opportunity to shorten his parental leave (total leave or part-time work) in order to benefit from a vocational training scheme.

Can I do another job during my CPE?
No, with the exception of the maternal assistant activity.

Can I resign during my CPE?
Yes, if you respect the notice of resignation (except in case of dispensation from your employer).

And when I return to the company?
During the period of parental leave, the contract is suspended. The employee must return to his previous job or a similar job with at least equivalent remuneration, but he / she may also benefit from vocational training, either before the end of the parental leave or during his return to the company.

For the determination of the benefits linked to seniority, the parental leave of education is retained for half of its duration (unless a branch agreement provides for full consideration).

Good to know
You will find the application form of the free choice of activity supplement on the CAF website.

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