Should the father or second parent of a child benefit from the same rights and protections as the mother? The question is topical as the social security financing bill for 2021 plans to extend to twenty-five days, including seven compulsory days, the duration of paternity or childcare leave ( plus the 3 days of birth leave). While the protections granted before the birth of the child remain reserved for pregnant women, those granted after birth are increasingly shared with the second parent, in the name of the principle of equality. This is particularly the case with protection against dismissal.
The labor code organizes employment protection for pregnant women and young mothers: dismissal is prohibited during the period of maternity leave; for the duration of the pregnancy and the ten weeks following the employee's return to the company, it is subject to serious misconduct or an inability to maintain the contract for a reason unrelated to the pregnancy and childbirth (C . trav., art. L. 1225-4). The Community judge clarified that the directive at the origin of these
