Extension of paternity leave for employees (Law no. 1.552 of 7 December 2023)

Law no. 1.552 of 7 December 2023 (JDM no. 8673 of 15 December 2023), the result of Bill 1083 (tabled on 17 October 2023 and passed on 28 November 2023), amends Article 2 of Law no. 1.309 of 29 May 2006 on paternity leave granted to employees in the private sector in order to extend the duration of paternity leave, "in line with the public sector and with a view to ensuring consistency of legislation" (Explanatory memorandum to Bill 1083).

The Government's objectives with this reform:

• to promote gender equality,
• to support parenthood and the well-being of children,
• to meet the expectations of new generations of employees "in a context where social attractiveness is a priority for the Government".

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Paternity leave for private-sector employees is thus extended to a statutory period of:

• 21 consecutive calendar days in the case of a single birth (12 days actually), or
• 28 consecutive calendar days in the event of multiple births or if the household already has at least 2 dependent children (19 days actually).

This leave may be taken in full or in part, and must begin in principle within 4 months of the child's birth.

It entitles fathers to daily allowances calculated on the same basis as the daily rest allowances paid to mothers on maternity leave.

This period is treated as actual working time for the purposes of determining the duration of paid annual leave.

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The Commission des Intérêts Sociaux et Affaires Diverses (CISAD) "expressed the wish that discussions on parental leave should continue", in particular "on the possibility of splitting paternity leave into several periods", considering that "it would be appropriate to provide for the possibility of splitting paternity leave into several periods, thus enabling parents to adapt this leave to their needs and pace of life when a child is born or arrives in the home" (Report on Bill 1083, p. 3).

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