2023-07-27 09:47:00
PARENTAL LEAVE. A reflection to reform parental leave will be initiated in the coming weeks. What could the government decide?
Summary
“It’s part of the lines of thought.” This Thursday, July 27, 2023, Olivier Véran, government spokesperson, confirmed that an overhaul of the parental leave system was going to be put on the agenda. The announcement was made by Aurore Bergé on July 25 in the columns of West France. The new Minister of Solidarity and Families explained “to think about a shorter but better compensated parental leave.” Olivier Véran to support on BFMTV/RMC : “The average duration is much lower than the theoretical maximum duration because it is not very profitable. When there is a social support system that is underused, it is legitimate to wonder.” He assures “that we do not have ready-made answers” and that a “consultation” will take place on the subject. Objective: to make it “more attractive” in the words of Aurore Bergé.
Indeed, figures from the Center for Studies and Research on Qualifications (CEREQ) published in 2021 showed that only 1 in 3 women take parental leave after the birth of their first child, compared to 7% for men. The proportion climbs slightly to 35% for women after the arrival of the second, but remains similar for men. The rate of use of this system is therefore far from being the majority, in particular because of its remuneration rules. How could these evolve?
The reform of parental leave mentioned in the past
This is not the first time that the subject of parental leave has been brought up. Several reports have, in recent years, shed light on the flaws of this system. The main black spot lies in the remuneration of the people who use it. Today, taking parental leave can be combined with the Child Education Shared Benefit (PreParE), for a minimum amount of €428.71. This allowance can be supplemented by other aid, but the conditions for accumulation are complex and depend on each person’s situation, in particular if aid is already received in another context. This is a real obstacle to taking parental leave because no additional remuneration is paid by the employer. By way of comparison, the amount of the RSA when you have a dependent child is €911.63.
In order to allow parents to take this leave following maternity and paternity leave, proposals have been made in the past to make the system more attractive. Thus, in 2019, the General Inspectorate of Social Affairs recommended reducing the duration of the leave to eight months but paying the equivalent of 60% of the net salary as compensation. In 2021, the Damon-Heydemann report followed the same line by advancing, this time, the idea of a parental leave of six months for each parent, compensated in proportion to the salary (without however advancing a threshold).
At this stage, no work has been started by the government to initiate a reform of parental leave and the possibility of reviewing the conditions of the device was simply mentioned by Aurore Bergé. It remains to be seen whether this will be on the political agenda in the months to come.
all about parental leave
In addition to paternity and maternity leave, parents of young children, fathers and mothers, can stop working to take care of them thanks to parental education leave. If you are an employee, you must have acquired one year of seniority within your company to benefit from it. The length of parental leave depends on the number of children born or adopted. Its initial duration is one year, but it can be renewed. During the parental education leave, the employment contract and the remuneration paid by the employer are suspended. Family benefits from the Family Allowance Fund (Caf), paid subject to means testing, can however take over.
The duration of parental leave is initially one year. However, it varies according to the number of children born, if you have had twins or triplets for example. If you have had a child, for example, it is possible to request parental leave for one year, renewable twice, until your child’s third birthday. Bear in mind that in the event of the adoption of a child aged 3 to 16, parental leave cannot be renewed. Here is a table summarizing the duration of parental leave according to your situation.
Number of children born at the same time
Initial duration of leave
Renewal
End date of leave
1 1 year Twice No later than child’s 3rd birthday 2 1 year Twice No later than entry into kindergarten 3 or more 1 year Five times No later than child’s 6th birthday
Number of children under three adopted at the same time
Initial duration of leave
Renewal
End date of leave
1 1 year Twice No later than 3 years after child’s arrival 2 1 year Twice No later than 3 years after child’s arrival 3 or more 1 year Five times No later than child’s 6th birthday
Number of children over 3 years old adopted at the same time
Initial duration of leave
Renewal
End date of leave
1 or more 1 year No At the latest one year after the child’s arrival
As for paternity leave or maternity leave, the employment contract is suspended during parental leave. The remuneration you receive is also temporarily stopped. On the other hand, you can benefit from financial assistance paid by the Family Allowance Fund (Caf), called the basic allowance for the childcare benefit (Page). This family benefit is paid subject to means testing. Here are the resource limits not to be exceeded:
Resource ceilings depending on the situation of the applicant
Number of dependent children
Couple with 1 income
Couple with 2 incomes
single parent
1 enfant
€31,659 €41,840 €41,840
2 children
€37,991 €48,172 €48,172
3 children
€45,589 €55,770 €55,770
4 children
€53,187 €63,368 €63,368
per additional child
€7,598 €7,598 €7,598
The amount of the basic allowance is calculated according to the family’s resources and the family situation and is thus between 85.61 euros and 171.23 euros. In addition to the basic allowance, you can take advantage of the shared child-rearing benefit (Prepare). Its amount depends on the nature of the business interruption. For a total interruption of professional activity, you can thus benefit from aid of 397.20 euros. Bear in mind that the end of the payment of this aid is not necessarily correlated to the end date of your leave.
The website of the Family Allowance Fund, ici, allows you to simulate the amount of the basic allowance for childcare benefits. You must enter your family situation (number of dependent children, future birth, departure of children from the household). You must then detail your income (salaries, real deductible expenses, social security allowances, etc.) and your professional situation. You then get an estimate of your allowance.
You must send a letter by registered mail with acknowledgment of receipt to your employer. It must mention the start date of the parental leave and its duration. If your leave begins immediately after your maternity leave, remember to notify your employer at least one month before the end of your maternity leave. If you are not concerned, the deadline to respect is two months. To apply for the basic allowance, you must turn to the Caf, with the necessary supporting documents (photocopy of the family record book, extract or copy of the child’s birth certificate, tax notice, RIB , etc.).
If you wish to obtain the renewal of parental leave, please note that you must notify your employer at least one month before the end date of the leave initially planned. Your employer cannot oppose your request. As a precaution, remember to send your leave extension request by registered mail with acknowledgment of receipt.
Want to get back to work sooner? Parental education leave can be terminated early. In this case, the agreement of the employee and the employer is required. Keep in mind that two reasons do not require prior agreement:
The death of the child The reduction of household resources
You must send a letter by registered mail with acknowledgment of receipt to your employer, at least one month before the recovery date.
It is possible to resign during parental leave, provided that the resignation procedure is followed. If you have found a new job, you must give notice before the employment contract is terminated. As a reminder, it is possible to reduce this notice in agreement with your employer. The latter is not obliged to accept it for all that. If the notice has not expired at the end of your parental leave, you will be forced to return to your company until the period ends.
As indicated in the previous table, the simultaneous birth of twins allows you to benefit from parental leave for education, the initial maximum duration of which is one year. This leave is renewable twice. But be careful, the end date of the leave must be no later than the date your twins start kindergarten, regardless of the start date of your parental leave.
Are you part-time? You can benefit from parental leave for education, provided that the duration worked per week is at least sixteen hours. Note that it is also possible to opt for a total leave or a part-time leave. In this case, you must agree with the employer on the duration that suits you best. It is then up to your employer to determine the distribution of hours.
An unemployed person can apply for parental leave. Subject to means testing, Caf family benefits may be paid. However, his unemployment benefits are suspended. If you are concerned, you must also give up any job search during the duration of your parental leave.
Civil servants also have parental leave, regardless of the civil service concerned (State, territorial and hospital civil service) and their status: trainee, tenured, contractual (provided they can prove one year’s seniority on the date birth of the child). The duration of parental leave depends on the age of the child and the family situation. The maximum durations are identical to those mentioned above. On the other hand, parental leave is granted for periods of six months. During the leave, the employment contract is temporarily suspended, but the civil servant may receive a family allowance from the Caf.
#shorter #duration #compensation.. #reform