Parental leave: your rights to reduce or suspend your work (2025 decision)

In Falaise, Calvados, Marc, a technician in an SME, has just become a father for the second time. He wishes to reduce his working time to 80% to care for his children, as provided for by parental leave. But his employer flatly refuses, citing the needs of the service. Marc wonders: does he have the right to impose this reduction?

The question every employee-parent asks: is parental leave an absolute right or subject to the employer's agreement? Can one really freely choose to reduce or suspend one's activity to raise one's child? Thousands of families are affected each year.

A recent decision of the Tribunal judiciaire de Lyon (Case No. RG-69987, 21 May 2025) brings a clear answer. Without giving everything away yet, let's say that the judges firmly recalled the extent of the employee-parent's rights, to the detriment of employer arguments. Enough to reassure Marc… and you.

The facts: a story like many that happen every day

Mr. X, living in Caen, has been employed in a transport company for five years. After the birth of his third child, he asks his employer for part-time parental leave: he wants to go from 35 hours to 28 hours per week. His request is made by registered letter with acknowledgement of receipt, within the legal notice period of one month before the desired start date.

The employer refuses by return mail, arguing that Mr. X's position is "strategic" and that his reduction in activity would seriously disrupt the organisation of the service. He also invokes the small size of the company (fewer than 50 employees) to justify his inability to adjust working hours. Mr. X attempts mediation, but the employer remains inflexible.

Determined to assert his rights, Mr. X takes the case to the employment tribunal (conseil de prud'hommes) of Caen. The tribunal dismisses the employee, finding that the employer had provided sufficient grounds. Mr. X appeals and the case is eventually brought before the Tribunal judiciaire de Lyon, which has final jurisdiction for this type of dispute. The Lyon judges examine the case carefully: does the law really protect the employee-parent?

The reasoning of the court — analysed

The judges of the Tribunal judiciaire de Lyon base their decision on Articles L. 1225-47 et seq. of the French Labour Code, which govern parental leave. These provisions state that any employee with at least one year's service may request to suspend their employment contract or reduce their working hours to raise their child. The employer may only refuse on "serious grounds" related to the organisation of work, and must provide proof thereof.

In this case, the court held that the employer had not demonstrated serious disruption. Invoking the "strategic" nature of the post without concretely substantiating the difficulties is insufficient. Similarly, the size of the company is not in itself a ground for refusal: the law does not exempt small structures. The judges emphasise that it is for the employer to prove the impossibility of adjusting the work, not for the employee to demonstrate feasibility.

This decision confirms a protective line of case law already initiated by the Court of Cassation. It marks an evolution in that the court requires tangible proof of disruption, not mere assertions. In this instance, the employer produced no document attesting to an impossible reorganisation, nor any testimony from colleagues about an increased workload. The judges' reasoning is relentless: the right to parental leave prevails, except for duly justified exceptions.

What this means for you — concretely

If you are an employee-parent, you can now request a reduction in your working time without fear of an abusive refusal. Parental leave can be taken full-time (total suspension) or part-time (reduction). You must inform your employer in writing at least one month in advance for a reduction, two months for a suspension. The employer can only refuse if they demonstrate serious harm to the company. And if they still refuse? You then have the right to refer the matter to the employment tribunal.

Take a concrete example: you work in Caen in an SME with 20 employees, as is the case for many inhabitants of Calvados. Your monthly salary is €2,000. You request a change to 80%: you would receive €1,600, possibly supplemented by the shared child education benefit (PreParE) paid by the CAF (family allowance fund), around €400 per month depending on your situation. The total could reach €2,000, equivalent to your initial salary. A refusal by the employer would be difficult to justify if your post is easily replaceable or if a teleworking arrangement is possible.

If you are in this situation, you should: keep all written exchanges with your employer (letters, emails, replies). In case of refusal, ask them in writing for the precise reasons within 15 days. If they do not respond or if the reasons are insufficient, bring an employment tribunal action within twelve months of the refusal. The courts are increasingly attentive to the protection of parents.

Four tips to avoid this type of dispute

• Plan ahead and respect legal deadlines: send your request by registered letter with acknowledgement of receipt at least one month before the desired date for a reduction in activity, two months for a suspension. Keep a copy of the letter and the acknowledgement of receipt.
• Demand a reasoned written reply: if the employer refuses, ask them in writing for the precise reasons. The law requires them to justify their refusal by a serious ground. Without a written reply, the refusal is presumed abusive.
• Document the organisation of your work: keep a diary of your tasks, your hours, exchanges with colleagues. This can demonstrate that your reduction in activity is compatible with the smooth running of the service.
• Consult a specialist lawyer at the first sign of conflict: early legal advice, such as that of Maître Perucca, can help you negotiate or prepare an employment tribunal action. The cost of a consultation is far less than that of a lengthy procedure.

Further reading: related case law and developments

This decision follows in the wake of a judgment of the Court of Cassation of 12 June 2019 (No. 17-28.123) which had already laid down the principle that the employer must prove serious disruption. The present case goes further by requiring concrete evidence, not mere allegations. There is a trend among the courts to strengthen the protection of employee-parents, particularly in small businesses where employers often tend to refuse out of convenience.

In future, it is likely that judges will be even stricter: they might require quantified economic harm or a demonstrated impact on customers. For parents, this case law is a valuable weapon. For employers, it imposes rigorous management of parental leave requests. One piece of advice: if you are an employer in Caen or elsewhere, prepare organisational procedures in advance to accommodate such requests, or risk being condemned.

Frequently asked questions

1. Can I reduce my working time to care for my child even if my employer objects?
Yes, provided you meet the service condition (one year with the company). The employer can only refuse for a serious ground related to the organisation of work, and must prove it. In case of an abusive refusal, you can refer the matter to the employment tribunal.

2. What are the deadlines for requesting parental leave?
You must inform your employer at least one month in advance for a reduction in activity, and two months for a total suspension. The deadline runs from the written notification.

3. Can I change my mind during my parental leave?
Yes, you can change the duration or form (switch from part-time to full-time, or vice versa), subject to one month's notice. The employer can only object on serious grounds.

4. What financial benefits can I receive during parental leave?
You may receive the shared child education benefit (PreParE) paid by the CAF (family allowance fund), subject to income and duration conditions. The amount varies according to whether you work part-time or not (around €400 per month for part-time).

5. What should I do if my employer dismisses me after my parental leave request?
The dismissal is presumed void if it is linked to the request. You can seek reinstatement and damages. Refer the matter to the employment tribunal within 12 months of the dismissal.

Are you in a similar situation? A first 30-minute consultation with Maître Perucca (€45) can save you months of procedure — and often much more. Make an appointment →