Information Paternity leave

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Contact details

Inspection du Travail

La Frégate
2 rue Princesse Antoinette
MC 98000 Monaco

Labour Inspectorate :
(+377) 98 98 87 26

Fax : (+377) 98 98 89 74

Opening Hours : from 9.30am to 4.30pm (doors close at 4.00pm) from Monday to Thursday, from 9.30am to 01.00pm (doors close at 12.30) on Friday

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Inspection du Travail

La Frégate
2 rue Princesse Antoinette
MC 98000 Monaco

Opening Hours : from 9.30am to 4.30pm (doors close at 4.00pm) from Monday to Thursday, from 9.30am to 01.00pm (doors close at 12.30) on Friday

Phone : (+377) 98 98 87 26

Phone : (+377) 98 98 41 93

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Principle

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.

How to take paternity leave

You should notify your employer by registered post with confirmation of reception at least two weeks before the date on which you wish to take paternity leave, specifying the length of time desired.

The length of your paternity leave

You 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

You can take the whole or part of this leave.

Period for taking your paternity leave

Your 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.  You are obliged to inform your employer that you will be taking the leave early.

If the birth occurs more than two weeks before the medically expected date and you have not yet informed your employer of your intention to take paternity leave, you will be exempted from the requirement to give two weeks' notice.  However, you will still be obliged to inform your employer that you are 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 your leave, your leave will begin immediately after the birth.

Paternity leave and your contract 

Suspension of your 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 your 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
  • You have 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.

Payment 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.

Last update: 11/10/2012

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