Decree no. 2026-419 of 30 May 2026 and Decree no. 2026-425 of 30 May 2026
The 2026 Social Security Financing Act created a new supplementary birth leave (congé supplémentaire de naissance). Two decrees of 30 May 2026 now set out how it works, and the leave became available from 1 June 2026, though in practice from 1 July 2026, given the notice the employee must give.
The leave lasts one or two months, at the employee’s choice, and may be split into two separate one-month periods. It is taken once maternity, paternity or adoption leave has been exhausted, and must begin within nine months of the birth or of the child’s arrival in the home. For children born or adopted between 1 January and 1 June 2026, that nine-month period runs from 1 July 2026.
The leave is compensated by daily social security benefits (indemnités journalières de sécurité sociale, IJSS), subject to six months’affiliation in addition to the ordinary maternity insurance conditions, at 70 % of net salary for the first month and 60 % for the second, capped at the social security ceiling.
Employers should note the following points in particular :
- Notice : the employee must inform the employer of the chosen split, duration and dates by registered letter or with acknowledgement of receipt, at least one month before the leave begins (reduced to 15 days, from 15 June 2026, where the leave immediately follows paternity or adoption leave).
- Status during the leave : the period of leave counts as actual working time for seniority purposes, opens pension rights and preserves the benefits acquired beforehand ; the employee may not carry on another professional activity, and the contract cannot be terminated during the leave save for gross misconduct or a reason unconnected with the birth.
- On return : the employee returns to their previous post or an equivalent one, on at least equivalent pay, and is entitled to a career-path interview where one has not already taken place.
