Family Event Leave in France: Duration and Payroll 2026
Marriage, birth, bereavement: the 2026 statutory and collective-agreement durations of family event leave in France, how to process them in payroll and how they interact with your branch agreement.
Expert note: This article was written by our chartered accountancy firm. Information is current as of 2026. For a personalised review of your situation, contact us.
Quick answer. Family event leave is set by article L3142-4 of the French Labour Code: 4 days for the employee's marriage or civil partnership, 3 days per birth, 3 days for the death of a spouse or parent, and 12 to 14 days for the death of a child. These days are paid (full salary maintained) and counted in working days.
Why this topic resurfaces at every payroll close#
A marriage, a birth, a bereavement: these private-life events land in payroll at the worst possible moment, when an employee tells you the day before. The rule looks simple, yet miscounting these days is one of the most frequent errors we correct in the small and mid-sized businesses we support.
Family event leave consists of authorised, paid absences that are separate from paid holiday. They do not eat into the employee's annual leave balance and trigger no salary deduction. Handled poorly, they create an overpayment or, conversely, an unwarranted deduction that exposes the employer to a back-claim and a correction. In our payroll and social management work, we regularly see statutory durations applied when a more generous collective agreement should have prevailed.
This is a purely accounting and social matter: pay the right number of days, at the right rate, and report it correctly. It should not be confused with the logic of paid holiday, which follows entirely different accrual and timing rules.
What are the statutory durations in 2026?#
Article L3142-4 of the Labour Code sets the minimum durations. These are public-policy floors: a collective agreement can improve them but never reduce them. Here is the scale in force in spring 2026.
| Family event | Statutory minimum | Counting basis |
|---|---|---|
| Employee's marriage or civil partnership | 4 days | working days |
| Marriage of a child | 1 day | working days |
| Birth | 3 days | working days |
| Arrival of a child for adoption | 3 days | working days |
| Death of spouse, civil partner, cohabitant | 3 days | working days |
| Death of a parent, parent-in-law, sibling | 3 days | working days |
| Death of a child | 12 days | working days |
| Death of a child under 25 (or child who was a parent, or dependant under 25) | 14 days | working days |
| Announcement of a disability, chronic condition or cancer in a child | 10 days | working days |
Two points matter in this table. First, the count is in working days, meaning every day of the week except the weekly rest day (usually Sunday) and bank holidays not worked in the company. Second, these days entail no reduction in pay and count as actual working time for accruing paid holiday.
The death of a child: additional bereavement leave#
When a child under 25 dies, or a dependant under 25 in the employee's effective and permanent care, article L3142-1-1 grants an additional 8-day bereavement leave. It is added to the 14 family event days, can be split, and must be taken within one year of the death. Its funding is shared between the employer and Social Security, unlike the other family event leaves, which remain entirely employer-borne.
How to process these leaves in payroll, step by step#
The payroll mechanics are the same for all these leaves. Here is the procedure we apply on every file.
- Identify the event and the supporting document. The employee justifies the event by any means: birth certificate, family record book, death certificate, medical announcement certificate. Keep the document in the employee's file.
- Check the applicable duration. Always compare the statutory minimum with the duration set by your applicable collective agreement. Always retain the one more favourable to the employee.
- Count in working days. Place the leave on the employee's actual calendar, excluding the weekly rest day and bank holidays not worked.
- Maintain salary. No deduction: the employee receives the same pay as if working. The maintained amount remains subject to social contributions.
- Show the absence on the payslip. Display the absence and its pay maintenance on the 2026 payslip, even when net pay is unchanged, for clarity and proof.
- Report in the DSN. Enter the absence reason in the nominative social declaration with the correct code, to avoid audit anomalies.
A sound payroll software setup automates these steps, but never removes the need for a human check of the collective agreement: no tool reads your branch agreement for you.
Collective agreement or statute: which one applies?#
This is where nearly all the errors occur. The law sets a minimum floor; a collective agreement or a company agreement may grant more. The reflex is to compare line by line and apply the more favourable provision.
| Criterion | Statutory duration (L3142-4) | Collective agreement |
|---|---|---|
| Source | Labour Code | Branch or company agreement |
| Employee's marriage | 4 days | often 4 to 6 days |
| Death of spouse | 3 days | sometimes 3 to 5 days |
| Seniority required | none | sometimes required by the agreement |
| Day counting | working days | working or worked days per the agreement |
| Role | public-policy floor | possible more favourable ceiling |
One technical point is often overlooked: some agreements count in worked days (days actually worked) rather than working days. The difference is not neutral. For an employee on a five-day week, a 3-worked-day leave can span a weekend and amount to more than a 3-working-day leave. Always check the counting unit in your text.
Special cases#
A few situations require specific attention because they fall outside the standard pattern.
- Birth and paternity leave. The 3-day birth leave is separate from the paternity and childcare leave of 25 calendar days (32 for multiple births). Paternity leave begins with 4 consecutive days immediately after the birth leave. Do not confuse them: their funding and regime differ.
- Event during paid holiday. If the event occurs while the employee is on paid holiday, the absence does not automatically stack. The practice is not to count these days as family event leave since the employee is already absent; a deferral of paid holiday may nonetheless be discussed under the agreement.
- Part-time employees. The leave is assessed in days, not hours. A part-time employee receives the same number of days as a full-time one, placed on their usual working days.
- Apprentices and fixed-term contracts. No seniority condition is required by law. An apprentice or a fixed-term employee is entitled to these leaves from the outset, as a new hire sees on the first payslip.
2026 watch points#
The underestimated risk. The costliest mistake is not forgetting a day, it is applying the statute when the collective agreement is more generous. The employee can claim the difference over three years. In a file we took over, a retailer applied 3 days of marriage leave where its agreement provided 5: the back-claim covered several employees.
What the administration looks at. In an audit, the labour inspectorate and URSSAF check the consistency between the absence reported in the DSN, the payslip and the archived supporting document. An untraced absence or a wrong reason is a red flag.
One 2026 development deserves attention: the duration of leave for the announcement of a disability, chronic condition or cancer in a child has risen from 5 to 10 days under a law definitively adopted on 2 June 2026 and published on 13 June 2026. Make sure your payroll setup reflects this new floor.
Our chartered accountant's analysis#
A director of a construction SME recently approached us after receiving claims from several employees about their marriage and bereavement leave. The software dutifully applied the statutory minimums, but the collective agreement granted longer durations and counted in worked days. The shortfall, multiplied across several events over three financial years, amounted to a significant sum, on top of a strained workplace atmosphere.
Our reading is consistent: these leaves cost almost nothing per unit, but mishandling them is expensive in claims, reassessments and trust. Good practice fits in one sentence: open the collective agreement before any setup, and reopen it at every branch update. As chartered accountants registered with the Order, we treat these leaves as a systematic control point in the social review, just like overtime.
The trade-off between in-house and outsourced payslip production often plays out here: a firm that tracks your agreement protects you from retroactive shortfalls far more effectively than a tool set up once. For complex agreement texts, our collective agreement reading team secures the interpretation.
Hayot Expertise tip. Before each payroll close, systematically compare the statutory and the contractual duration, and keep the more favourable one. Archive the supporting document and trace the absence on the payslip, even at unchanged net pay. If you are unsure about your branch, have your agreement reviewed: a difference of a few days, repeated over three years, becomes a real issue.
Frequently asked questions
How many days for marriage leave?+
The Labour Code provides at least 4 working days for the employee's marriage or civil partnership, and 1 day for a child's marriage. Many collective agreements grant more, sometimes 5 or 6 days. Always check your agreement, as it can improve this statutory floor in the employee's favour.
Is bereavement leave paid?+
Yes, bereavement leave is fully paid by the employer, with no salary deduction. The employee receives the same pay as if they had worked. These days count as actual working time for paid holiday accrual and remain subject to the usual social contributions on the maintained salary.
What is the duration of birth leave?+
Birth leave is a minimum of 3 working days, borne by the employer. It is separate from the paternity and childcare leave, which lasts 25 calendar days. Paternity leave begins with 4 consecutive days immediately after the 3-day birth leave, so they add up at the child's arrival.
Can the collective agreement provide more than the law?+
Yes. The durations in article L3142-4 are public-policy minimums. A branch or company agreement can grant more days, but never fewer. Where they differ, you apply the provision more favourable to the employee. This is the most frequent source of payroll error in practice.
How many days for the death of a child?+
The death of a child gives entitlement to 12 working days, raised to 14 days when the child is under 25, whatever their age if they were a parent, or for a dependant under 25. An additional 8-day bereavement leave may apply, to be taken within one year of the death.
Is seniority required for these leaves?+
No, the law imposes no seniority condition for family event leave. A fixed-term, apprentice or recently hired employee is entitled from the moment the event occurs. A collective agreement may, however, require seniority for the days it adds beyond the statutory minimum.
Do these leaves count against paid holiday?+
No, family event leaves are authorised absences distinct from paid holiday. They do not reduce the employee's holiday balance. On the contrary, these days count as actual working time and contribute to accruing the employee's paid holiday rights, so they never penalise the employee.
Key takeaways#
- Article L3142-4 sets the minimum durations: 4 days marriage or civil partnership, 3 days birth, 3 days death of a close relative, 12 to 14 days death of a child.
- These days are paid through salary maintenance, counted in working days, with no seniority condition.
- The collective agreement can improve these floors: always compare and apply the more favourable provision.
- In 2026, leave for the announcement of a disability, chronic condition or cancer in a child rises from 5 to 10 days.
- Archive the supporting document and trace the absence in the DSN and on the payslip to secure any audit.
Official sources#
- Labour Code, article L3142-4 (durations of family event leave)
- Labour Code, article L3142-1-1 (bereavement leave)
- Leave for the death of a family member (private sector) - service-public.gouv.fr
- 3-day leave for the birth or arrival of a child - service-public.gouv.fr
- Special leave for family reasons - URSSAF
- Birth, marriage, death: family event leave - French Labour Code portal

Article written by Samuel HAYOT
Chartered Accountant, registered with the Institute of Chartered Accountants.
Regulated French accounting and audit firm based in Paris 8, built to support companies across France with a digital and decision-oriented approach.
Sources
Official and operational sources cited for this page.
- Code du travail, article L3142-4 (durées minimales des congés pour événements familiaux) - Legifrance
- Code du travail, article L3142-1-1 (congé de deuil) - Legifrance
- Congé pour décès d'un membre de la famille (secteur privé) - service-public.gouv.fr
- Congé de 3 jours pour la naissance ou l'arrivée d'un enfant - service-public.gouv.fr
- Les congés spéciaux pour raisons familiales - URSSAF
- Naissance, mariage, décès : les congés pour événements familiaux - Code du travail numérique
- Congé pour l'annonce du handicap ou d'une pathologie d'un enfant - service-public.gouv.fr
This topic is part of our service French payroll outsourcing | DSN, payslips, HR
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