Does the father have any legal rights during pregnancy and afterwards?
During the period of pregnancy until birth, the mother should not be the only one to worry about the unborn child. In effect, as a parent, the father is equally involved during the period of pregnancy, and even after the birth of the child. Women realize very quickly that they will become mothers within 9 months, but men have a little more trouble adapting. And the only way to become aware is to participate in the pregnancy as soon as the woman is pregnant. To do this, the father will have to consider some information, in particular his legal rights during the pregnancy and after the birth of the child, but also the support he has to offer his wife. Zoom in on these points.
Pregnancy period: the father and his rights
The involvement of the father during the pregnancy period is essential. Indeed, the presence of the father throughout the pregnancy is a real support for the mother who is often subject to worries and panic attacks. But legally, the father is required to be involved during the pregnancy and after the birth of the child.
Indeed, the father does not generally adhere to the idea of becoming a father as soon as the announcement that the woman is expecting a child. If the pregnant woman experiences obvious physical and physiological changes on a daily basis, the man is only an observer before finding his place in this new context.
During pregnancy, the father will have to play the role of support for the woman and her future child. Indeed, the presence of the father is more than reassuring with the inconveniences of the first trimester of pregnancy:
- Nausea ;
- The sleepiness ;
- Tiredness ;
- Lack of sleep ;
- Various disorders and others.
But also at the approach of childbirth. At the end of the last trimester of pregnancy, women are beset by many thoughts. They often wonder:
- Will the birth go well?
- Is the child healthy?
- What will happen after the birth?
- Will they be good parents?
These are the questions that race through the heads of pregnant women. This is why the presence of the man is crucial, because he will be the insurance for a serene pregnancy. However, we must not forget the legal rights that becoming a father implies for a salaried father.
Involvement of the future father: what you need to know as an employee
According to the Labor Code, article L1225-16, a future salaried father has the right to be absent during his wife's pregnancy.. This right is also applicable for a man in concubinage or civil partnership.
The salaried father is absent in order to be able to attend the compulsory medical examinations for a pregnant woman. Among the mandatory examinations during pregnancy, ultrasounds:
- The dating ultrasound is done before the end of the 1er trimester of pregnancy;
- The baby's morphological ultrasound is done in the fifth month of pregnancy;
- Childbirth preparation ultrasound, towards the end of the last trimester of pregnancy.
The employer does not have the right to refuse an employee father's request for absence. On the other hand, he is entitled to require proof. So for salaried fathers, always ask for a certificate of attendance from the health professional.
Salary and leave are not deducted from the duration of the employee father's absence for a pregnancy medical examination.
Expecting a baby: the leave rights of the future employed father
Once the baby is born, the employed father has leave rights to which he is entitled. To give you more details, an employed father benefits from:
- Birth leave;
- Paternity leave;
- Parental education leave.
Birth leave for the salaried father
The father is entitled to 3 days leave for the birth of the child. Whether he is married to the mother or cohabiting, it is stipulated in the Labor Code. However, the employer is entitled to request proof of birth: a copy of the civil status certificate.
Paternity leave for the employed father
As with birth leave, salaried fathers can also benefit from paternity leave, which is paid for by health insurance.. Generally, the duration of paternity leave is 25 consecutive days with the possibility of splitting it. If the woman gives birth to several children, the father of the family is entitled to 32 days.
Parental education leave for parents
Parental education leave for men must begin after maternity leave. This leave consists of reducing working time or suspending it at the initiative of the employee who wants to devote himself to the child who has recently arrived in the family (birth or adoption).
To be able to take full advantage of these leave rights (birth, paternity or parental leave), the father is required to provide supporting documents: copy of the child's birth certificate, an extract from the marriage certificate, a life certificate municipality or a copy of the PACS.
With leave rights, the dad will be able to enjoy the baby's first days at home with his family.
