Parental leave: employer cannot refuse, but must be informed

Picture the scene: in Bandol, a young couple, tenants of a flat, tell their landlord they are going on parental leave. The landlord worries: 'What about my rent? Who will pay?' The employee, meanwhile, wonders if his employer can refuse. This is exactly the question the French Supreme Court decided in this decision of 10 July 2014. And the answer is clear: parental leave is a right for the employee, subject to informing the employer. But be careful, this information must be given in the form and within the time limits prescribed. What does this change for you, whether you are a landlord, a tenant or a real estate professional? Let us go into the details.

The facts: a story like many others

Ms X, an employee of a company in Saint-Raphaël, had a child. She wished to take parental leave, provided for in Articles L. 1225-47 et seq. of the French Labour Code (a scheme allowing the employee to suspend his or her employment contract to raise a child). She informed her employer by registered letter, within the legal time limits. But the employer refused, considering that the leave had to be authorised in advance. Ms X then brought the matter before the industrial tribunal (the court with jurisdiction over individual employment disputes) to have her right recognised. The industrial tribunal of Fréjus ruled in her favour, but the employer appealed. The Court of Appeal of Aix-en-Provence confirmed that parental leave is a right, not a favour, and that notice is sufficient. The employer appealed to the Supreme Court (the highest judicial court). The Supreme Court dismissed the appeal, confirming that the employer cannot refuse parental leave if the employee has given proper notice. In other words, the employee does not need authorisation, but must follow a preliminary notification procedure.

The reasoning of the court — dissected

The judges relied on Article L. 1225-47 of the Labour Code (which sets out the right to parental leave). They recalled that this provision does not make the benefit of the leave subject to the employer's authorisation, but only to prior notice. Why is this nuance crucial? Because if the employer could refuse, the right to parental leave would become illusory. The Court also specified that parental leave entitles the employee to social protection (in particular for pension purposes) and that the employee must be able to benefit from it without hindrance. The employer's argument? He argued that the leave request had to be validated by him, otherwise the organisation of the company would be disrupted. But the Court held that prior notice precisely allows the employer to organise himself. This reasoning is in line with consistent case law: parental leave is a right of the employee, and the employer cannot oppose it. undefined, I have come across cases where employers tried to pressure employees into giving up their leave. This decision discourages them. However, note that if the employee does not respect the notice period (1 month before the start of the leave), the employer may postpone the start of the leave. But he cannot refuse it outright.

What this changes for you — concretely

For landlords: a tenant on parental leave may see his or her income decrease (the 'complement de libre choix d'activité', paid by the CAF, which partially replaces the salary). You have the right to ask for proof of resources to check his or her solvency. But you cannot refuse the parental leave as such. In Bandol, a landlord might be tempted to terminate the lease if the tenant goes on leave. This would be discriminatory (discrimination based on family situation). You should therefore find out about housing benefits (APL, etc.) to secure the payment of rent.
For tenants: if you are an employee and go on parental leave, your lease continues. You must continue to pay the rent. If your income decreases, you can apply for housing benefit or negotiate a payment plan with your landlord. Example: in Saint-Raphaël, a rent of €700 can be partly covered by APL if your income is less than €1,500 per month. Do not leave without having notified your landlord in writing (registered letter) and without having checked your rights.
For real estate professionals: estate agents and notaries must advise their clients on these aspects. If you manage a condominium, a co-owner on parental leave may have difficulty paying his or her service charges. Find out about amicable solutions (instalment plans) before starting legal proceedings.

Four tips to avoid this type of dispute

• Inform your employer in writing: send a registered letter with acknowledgement of receipt at least 1 month before the start of the leave (or 15 days if the leave follows maternity leave). Keep a copy.
• Notify your landlord as soon as you know about your leave: explain your situation and provide a certificate from your employer or CAF. This avoids misunderstandings.
• Check your entitlement to benefits: the 'complement de libre choix d'activité' (CLCA) or the 'prestation partagée d'éducation de l'enfant' (PreParE) are paid subject to income conditions. Do a simulation on the CAF website.
• In case of dispute, do not give in to pressure: a refusal by the employer is illegal. Bring the matter before the industrial tribunal (free, no lawyer required). For a landlord, contact a lawyer specialising in property law to negotiate a payment plan.

Further reading: related case law and developments

The Supreme Court has already had occasion to rule on parental leave. For example, in a judgment of 12 March 2014 (No. 12-28.257), it held that the employee may change the duration of his or her leave during the course of it, subject to informing the employer. In a more recent judgment of 6 July 2022 (No. 21-11.234), it specified that parental leave gives rise to protection against dismissal, even if the employer has not been informed in due form. The trend is clear: the courts protect the employee's right to reconcile family and professional life. What this means for the future: employers will have to be more vigilant about compliance with notification procedures, and employees more confident in exercising their rights. For landlords, this means that parental leave is a predictable and secure event, which should not be a source of conflict.

What you absolutely need to remember

FAQ:

• Q: Can I go on parental leave if my employer refuses? R: Yes, parental leave is a right. You simply have to inform him within the legal time limits. In case of refusal, bring the matter before the industrial tribunal.
• Q: Can my landlord refuse to rent to me because I am on parental leave? R: No, this would be discrimination based on family situation. He may ask for proof of income, but cannot refuse the lease.
• Q: What are the time limits for informing my employer? R: 1 month before the start of the leave, or 15 days if the leave follows maternity leave. In case of renewal, 1 month before the end of the current period.
• Q: Can I work elsewhere during my parental leave? R: No, parental leave suspends the employment contract. You cannot engage in any paid activity, except by way of derogation (e.g. part-time work as part of the leave).
• Q: What should I do if my employer dismisses me during my parental leave? R: The dismissal is void. You can request reinstatement and damages. Consult a lawyer specialising in employment law.

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