From July 1, 2026, each employed parent is entitled to additional birth leave of 1 to 2 months, taken within 9 months, compensated at 70% then 60%, upon one month’s notice.
Announced, voted on, then remained theoretical for a long time due to lack of implementing texts, the leave additional birth finally enters into concrete form. Three decrees published in the Official Journal of May 31, 2026 set the rules of the game. For an employee who has just had a child, the question is no longer “am I entitled to this leave?” but “how long, when, how and for what compensation?”.
For an employer or an HR department, the challenge is different but just as real: a new leave means new formalities to anticipate and new deadlines to integrate. This article answers, point by point, the questions that everyone asks.
1. What exactly are we talking about? Leave specific to each parent
Additional birth leave is a new leave that is distinct from paternity and childcare leave and adoption leave. It was created by the law of funding social security for 2026 [[Loi n° 2025-1403 du 30 décembre 2025 de financement de la sécurité sociale pour 2026, art. 99]]which inserted articles L. 1225-46-2 to L. 1225-46-5 into the labor code.
The essential point to understand is in one sentence: it is an individual right.
- The leave belongs to each of the two parents, separately.
- It is not a common envelope to be shared.
- Concretely, the household can therefore accumulate up to four months of compensated absence (two months per parent).
To remember. An employer must think “per employee”, and not “per child”. The fact that the second parent has already taken leave does not affect the rights of the other.
The device is also very broad. It does not only target traditional employees, but also the self-employed, liberal professions, farmers, workers hosted in establishments or work support services (ESAT) and insured persons in Mayotte. Three decrees divide these audiences:
- the terms and conditions for taking by employees [[Décret n° 2026-419 du 30 mai 2026, NOR : TRST2612422D]];
- compensation for those insured under the general scheme and agricultural employees, the extension to ESAT workers and retirement rights [[Décret n° 2026-425 du 30 mai 2026, NOR : SFHS2609384D]];
- the fate of the self-employed, non-agricultural employees and those in Mayotte [[Décret n° 2026-426 du 30 mai 2026, NOR : SFHS2609386D]].
2. How long? 1 to 2 months, which can be cut in half
The duration of the leave is one or two months, at the parent’s choice. And this duration can be split.
- The employee can take the leave in one go (one or two months in a row).
- It can also be split into two periods of one month each. [[C. trav., art. D. 1225-11-4, créé par le décret n° 2026-419 du 30 mai 2026, art. 1er]].
- The same splitting flexibility is offered to self-employed people [[CSS, art. D. 623-4-1, créé par le décret n° 2026-426 du 30 mai 2026, art. 2]].
This modularity is designed to match the reality of families: one month just after the birth, then a second a few months later, for example when the other parent takes over.
3. When should I take it? The 9 month period (and the transitional exception)
This is one of the most important points to remember: leave is not unlimited in time.
- It must begin within 9 months following the birth of the child or, in the case of adoption, his or her arrival in the home. [[C. trav., art. D. 1225-11-3, créé par le décret n° 2026-419 du 30 mai 2026, art. 1er]].
- This 9 month period may be extended if the leave maternity, paternity or adoption periods have themselves been extended — multiple births, hospitalization of the child, more favorable collective agreement [[C. trav., art. D. 1225-11-3, al. 2 ; C. trav., art. L. 1225-17 à L. 1225-22]].
Have you had a child since the start of 2026? You are not forgotten
A transitional regime protects births prior to the entry into force of the texts:
- For children born or adopted on or after January 1, 2026 but before entry into force, the 9-month period does not run from birth, but from July 1, 2026 [[Décret n° 2026-419 du 30 mai 2026, art. 2 ; Décret n° 2026-425 du 30 mai 2026, art. 5 ; Décret n° 2026-426 du 30 mai 2026, art. 5]].
- Also affected are children born shortly before January 1, 2026 but whose birth was planned from that date.
To remember. If your child was born in February 2026, you lose nothing: your 9-month window starts on July 1, 2026 and therefore runs until April 1, 2027.
4. How do I notify my employer? Deadlines and form to be respected
Leave doesn’t happen overnight. The employee must inform his employer in advance, and this information follows precise rules.
The principle deadline: 1 month
The employee must inform his employer, at least one month before the start of the leave [[C. trav., art. D. 1225-11-4, al. 1er]]:
- whether or not he wishes to split the leave;
- the duration chosen (one or two months);
- the date of each period.
The 15-day exception: be careful, two cumulative conditions
We often read that the deadline falls to 15 days when the leave follows paternity leave. This is incorrect. The reduced deadline actually supposes two conditions met at the same time [[C. trav., art. D. 1225-11-4, al. 3]]:
- the additional leave immediately follows the paternity and childcare leave (or adoption leave); And
- the employee wishes to start their leave during the month following the birth or arrival of the child.
If only one of these two conditions is missing, the one-month deadline applies.
The case of change of employer
Are you changing jobs without having exhausted your rights? You have one month to inform your new employer of the date of the remaining period [[C. trav., art. D. 1225-11-4, al. 2]]. The law follows you; he doesn’t get lost.
Form: in writing and with proof
The information must be sent by registered letter with acknowledgment of receipt or delivered against receipt. [[C. trav., art. D. 1225-11-5]]. This formalism protects both parties in the event of a dispute over the date or content of the request.
Employment contract side. During the leave, the contract is suspended: you no longer work, the employer no longer pays you a salary, and health insurance takes over.
5. How much will I get? 70% the first month, 60% the second
Compensation is paid by Health Insurance and is degressive:
- 70% of the reference income in the first month;
- 60% of the reference income the second month [[CSS, art. R. 331-5-1, créé par le décret n° 2026-425 du 30 mai 2026, art. 1er]].
Three essential details complete this calculation:
- Affiliation condition. To be compensated, you must have six months of membership on the start date of the leave. [[CSS, art. R. 313-4-1, créé par le décret n° 2026-425 du 30 mai 2026, art. 1er]].
- Be careful of the ceiling. The 70% and 60% do not apply to gross salary without limit: the reference income is itself capped. For high salaries, the amount actually received may therefore be significantly lower than the percentage displayed.
- Good news for retirement. Compensated periods give rise to rights: one quarter is validated for each 58 days of compensation [[CSS, art. R. 351-12, modifié par le décret n° 2026-425 du 30 mai 2026, art. 1er]].
6. What if I am not a traditional employee?
The system has been declined for other statuses.
Self-employed workers and liberal professions
- Flat-rate daily allowance equal to 1/730 of the annual social security ceiling, with the same coefficients of 0.7 then 0.6.
- A floor protects low incomes: the compensation cannot fall below an amount corresponding to 10% of this base [[CSS, art. D. 623-4-1, al. 2]].
Agricultural non-employees
- Priority to the replacement allowance, which assumes effective replacement on the farm via a group of employers.
- In the absence of a possible replacement, a fixed daily allowance takes over. [[CRPM, art. D. 732-29-6 à D. 732-29-13, créés par le décret n° 2026-426 du 30 mai 2026, art. 3]].
ESAT workers, interns, Mayotte
- Disabled workers welcomed in ESAT now benefit from leave [[CASF, art. R. 243-13, modifié par le décret n° 2026-425 du 30 mai 2026, art. 4]].
- Professional training interns are compensated on the same logic 70% / 60% of their internship remuneration [[CSS, art. R. 373-2, modifié par le décret n° 2026-425 du 30 mai 2026, art. 1er]].
- Mayotte is subject to specific adaptations, particularly regarding the local ceiling [[Décret n° 2026-426 du 30 mai 2026, art. 4]].
Common rule: no accumulation. These benefits cannot be combined with other daily allowances or unemployment benefit. [[CSS, art. D. 623-4-2 ; CRPM, art. D. 732-29-14]].
7. What happens in the event of a hard blow?
The legislator has provided for two difficult situations allowing an early return to work: the death of the child and the significant reduction in household resources.
In these two cases, the employee can shorten his leave, provided:
- to notify your employer by registered letter with acknowledgment of receipt or delivery against receipt;
- at least 8 days before the desired recovery date;
- by attaching the supporting documents [[C. trav., art. R. 1225-11-6, créé par le décret n° 2026-425 du 30 mai 2026, art. 3]].
An equivalent option is open to self-employed people, with a correlative cessation of payment of compensation [[CSS, art. D. 623-4-1, al. 5]].
8. Employers and HR: your roadmap
For companies, this leave is not just an additional line in a payroll. It calls for a real update of the processes:
- Train managers on the new leave and its distinction from paternity leave.
- Trace requests and keep letters (LRAR / receipts) to secure proof.
- Control variable deadlines: 1 month in principle, 15 days under two conditions, 8 days for early recovery.
- Anticipate the calculation of the 9-month window, taking into account possible extensions.
- Communicate cautiously about compensation, remembering the cap.
9. Timetable: what applies, and from when?
- The decree on the terms of payment by employees came into force on June 1, 2026, one of its paragraphs only being applicable from June 15 [[Décret n° 2026-419 du 30 mai 2026, art. 3]].
- Both compensation decrees come into force on July 1, 2026 [[Décret n° 2026-425 du 30 mai 2026, art. 5 ; Décret n° 2026-426 du 30 mai 2026, art. 5]].
It is therefore from July 1, 2026 that the leave fully produces its effects – including, through the transitional regime, for the benefit of parents of children born since the start of the year.
In summary: the 7 reflexes to have
- It is an individual right: one to two months per parent, up to four months for the couple.
- Possible split into two one-month periods.
- To be taken within 9 months of the birth or arrival of the child.
- Transitional regime: for children born since January 1, 2026, the countdown starts on July 1, 2026.
- Notify the employer 1 month in advance (15 days only if two cumulative conditions are met), in writing with proof.
- Decreasing compensation: 70% then 60%, subject to 6 months of affiliation and within the limit of a ceiling.
- Early recovery possible in the event of the death of the child or a significant drop in resources, with 8 days’ notice.
Sources
All the texts cited can be consulted on Légifrance:
