Service de l'Inspection du Travail
17 rue Princesse Florestine
MC 98000 Monaco
Labour Inspectorate :
(+377) 98 98 87 26
Fax : (+377) 98 98 89 74
Opening Hours : from 9.30am to 4.30pm from Monday to Thursday, from 9.30am to 12.30pm (doors close at 12) on Friday
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
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 length of paternity leave
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.
Period for taking paternity leave
The paternity leave must start within four months of the birth of the baby.
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.
Paternity leave and contract
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.
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.
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.
- Act no. 1.309 of 29 May 2006 pertaining to paternity leave granted to employees
- Sovereign Ordinance no. 574 of 29 June 2006 enacting the system of benefits which are due by way of the Act no. 1.309 of 29 May 2006 pertaining to paternity leave.
- Act no. 1.310 of 29 May 2006 pertaining to paternity and adoption leave granted to the State’s civil servants
- Act no. 1.311 of 29 May 2006 pertaining to paternity and adoption leave granted to the Commune’s civil servants