Paternity leave

Male salaried workers in the Principality are entitled to paternity leave on the occasion of the birth of their child.  Proof of the birth must be provided to the employer.  This leave is in addition to the two days of special leave granted for a birth, unless the number of days is stipulated in a collective agreement of any kind.

If you need assistance or encounter any difficulties, you can make an appointment at the Labour Inspectorate in one of the following three ways:

• Online, using the dedicated online service
• By emailing: inspectiondutravail@gouv.mc
• By telephoning: (+377) 98 98 87 26

When you attend your appointment, please bring the documents required to complete your procedure.

The employee should notify his employer by registered post with confirmation of reception at least two weeks before the date on which he wishes to take paternity leave, specifying the length of time desired.

The employee can take paternity leave of:

• 12 consecutive calendar days for a single birth
• 19 calendar days for multiple births
• 19 calendar days if there are already two or more other children in the household

He can take the whole or part of this leave.

The paternity leave must start within four months of the birth of the baby.

Pre-term birth 

If the birth occurs before the medically expected date, the date for taking the leave can be brought forward.  The employee is obliged to inform his employer that he will be taking the leave early.

If the birth occurs more than two weeks before the medically expected date and he has not yet informed his employer of his intention to take paternity leave, he will be exempted from the requirement to give two weeks' notice.  However, he will still be obliged to inform his employer that he is taking this leave and of the length of the leave.

Birth after the expected date  

If the birth occurs after the medically expected date and after the date scheduled for the start of the leave, the leave will begin immediately after the birth.

Suspension of the contract

The cessation of work during statutory paternity leave suspends the contract of employment for the corresponding period and is not grounds for a termination of the contract.

During the legal term of the leave, the employee retains his rights relating to length of service in the company.

Dismissal 

The employer can only terminate the employment contract from the date of notification and up to four weeks after the end of the paternity leave if:

• He or she can prove that there is serious misconduct not linked to the paternity leave or the birth 
• The company closes or reduces its activity
• The employee has a fixed term contract that has expired

In these cases, the dismissal will first be examined by the committee on dismissals and redundancy.  A dismissal cannot take effect or be notified during the period of paternity leave.

Paternity leave is calculated on a daily basis in a manner identical to that of the payment of maternity leave awarded to the mother in cases of maternity leave.