France has implemented new employer-paid leave entitlements for male employees to attend necessary appointments related to medically assisted conception treatment, as well as for all employees, regardless of gender, to attend mandatory interviews required during the adoption process. In addition, anti-discrimination protections have been strengthened for employees engaged in medically assisted conception or adoption. These changes took effect on 2 July 2025.
Background
The French Parliament formally passed Law n° 2025-595introducing these additional rights (the “Law”) on 19 June 2025. It was promulgated on 30 June 2025 and entered into force on 2 July 2025.
Employee rights on medically assisted conception apply to employees receiving treatment under the conditions set out in the Public Health Code here (opens a new window) (in French), which include in vitro fertilization, artificial insemination and fertility preservation. In France, any couple (consisting of a man and a woman or two women) or any unmarried woman may seek medically assisted conception. Surrogacy arrangements are prohibited in France and are not included in medically assisted conception.
Key details
New employer-paid leave entitlements
Previously, only female employees engaging in medically assisted conception have been entitled to employer-paid leave to attend all medical or administrative appointments for necessary medical acts. The legislation does not list the specific medical acts or a maximum amount for this type of leave.
A spouse or partner, regardless of gender, of such female employee has been entitled to employer-paid leave to accompany her for up to three of her necessary medical appointments for each treatment protocol (i.e., per fertility treatment cycle).
The Law has extended the entitlement to employer-paid leave to:
Male employees engaging in medically assisted conception, to attend all medical or administrative appointments for necessary medical acts. The legislation does not list the specific medical acts or a maximum amount for this type of leave.
The spouse or partner of such male employee, who may accompany him for up to three of his necessary medical appointments for each treatment protocol (i.e., per fertility treatment cycle). While the legislation does not specify the gender of such spouse or partner, male same-sex couples are not eligible for medically assisted conception in France and accordingly, this leave entitlement would only apply to female spouses or partners.
Employees engaged in an adoption process, to attend mandatory interviews necessary to obtain the approval to adopt under the Code of Social Action and Families (opens a new window). The maximum amount of leave for adoption interviews will be determined by a decree, which has not yet been issued.
While the legislation does not specify if employees are required to provide proof for appointments related to medically assisted conception, the French government has stated on its official website here (opens a new window) that employers may ask for proof.
Expansion of protections against discrimination
Prior to the Law taking effect, certain protections against discrimination only applied to female employees engaged in medically assisted conception. Under the Law, these protections now apply to all employees engaged in a parental project in the context of medically assisted conception or adoption, including both female and male employees engaged in medically assisted conception and all employees, regardless of gender, engaged in an adoption process.
Engagement in a parental project refers to a person actively taking steps to become a parent, including planning or undergoing medically assisted conception or adoption. Accordingly:
Employers are prohibited from taking into consideration an employee’s engagement in a parental project when making specific decisions. These specific decisions include refusing to hire the employee, terminating their employment contract during a probationary period, or reassigning them to another position. However, the legislation does not state that employers cannot make these decisions at all when an employee is engaged in a parental project. This implies that employers may still make these decisions in relation to such employee provided they are not taking into consideration the employee’s engagement in a parental project and only base their decisions on unrelated valid reasons.
Employers are also prohibited from seeking any information concerning the state of the parental project.
Job candidates or employees are not required to disclose that they are engaged in a parental project, except when requesting the benefit of related legal protections.
If any dispute arises relating to the above protections, the burden of proof is on the employer – the employer is required to communicate to the judge all the elements likely to justify its decision.
The Law also introduces the following additional protections against discrimination for all employees, regardless of gender, engaged in a parental project:
Employers are not permitted to refer to a parental project in job postings or recruitment materials (e.g., stating that job candidates must not be engaged or seeking to engage in medically assisted conception or adoption).
Employers are prohibited from refusing to hire, transferring, terminating or refusing to renew an employment contract based on the job candidate or employee’s engagement in a parental project.
Engagement in a parental project must not be considered in any employment decision, particularly on remuneration, training, assignment, qualification, classification, professional promotion or transfer.
Employer action: ACT
Employers should review these changes and update their handbooks, policies and practices accordingly to reflect the new employer-paid leave entitlements and expanded anti-discrimination protections.
Once more information is released on the maximum number of leave days available for adoption interviews, the Lockton Global People Solutions Compliance Practice will update this article accordingly.
Further Information
Law No. 2025-595 of 30 June 2025 | Vie-publique (opens a new window)
Law No. 2025-595 of 30 June 2025 | Légifrance (opens a new window)
