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Who this guide is for
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- You if you are a parent and want a leave to raise your child up to 3 years old
- You if you plan a family and want to understand your right to work
- If you want to combine work and education (part-time, part-time)
To be prepared in advance
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- Proof of seniority (1 year at birth) — pay slips
- Child's birth certificate
- Written request to employer 1 months before commencement
Step-by-step procedure
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- 1Check eligibility: 1 year of seniority with the current employer at the birth (or adoption) of the child. Open to both parents, alternating or simultaneously.
- 2Inform the employer in writing at least 1 months before the desired start. Indicate the start date and duration (usually up to the child's 3 years, splitable).
- 3Duration: maximum up to the child's 3 years (or 3 years after adoption of a child under the age of 16 years). Possible on full or part-time leave (part-time).
- 4During the leave: the contract is suspended, NOT salary (unlike maternity leave). But you can perceive the PreParE of the CAF (if you completely or partially stop the work) — compensation.
- 5Return to employment: you are entitled to return to the same or equivalent position. The employer cannot refuse. If the company has evolved, an equivalent qualification and remuneration position is discussed.
- 6Formerly retained: the duration of the leave counts for seniority in subsequent entitlements (partially paid leave, termination indemnity).
- 7For a second child, the leave may be extended until the 3 years, or resume and then return (subject to conditions). See the PreParE sharing between parents.
Common mistakes
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- Consolidate parental leave (without pay) and maternity leave (indemnized).
- Do not inform the employer 1 months in advance — the right may be deferred.
- Believing that the employer can refuse. No — it is a legal right under conditions.
- Do not request PreParE from CAF — hence lost compensation.
- To think that the post is not kept. You have the right to return.
Official sources
Section actions
Important remark
The rules of parental leave and PreParE vary according to the situation. This information is indicative — for your case, see the CAF or the Labour Inspectorate.
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