Question 16747 — family benefits

Summary

Ms. Anne-Sophie Ronceret draws the attention of the Minister of Labor and Solidarity to the terms of application of additional birth leave for farmers. Indeed, the social security financing law for 2026 created additional birth leave, applicable from July 1, 2026, in order to allow parents to have additional time with their child after birth leave. maternity, paternity and child fostering or adoption. In this context, Decree No. 2026-426 of May 30, 2026 specifies the conditions of access to the replacement allowance and, in the absence of effective replacement, to the fixed daily allowance associated with this leave for non-agricultural employees. It provides in particular that the request for replacement allowance must be sent to the agricultural social mutual fund twenty days from less, except force majeure, before the date planned for the interruption of activity. However, this twenty-day period may prove difficult to reconcile with the organizational constraints specific to agricultural operations, which require anticipating the replacement of the farmer concerned. This difficulty is all the more sensitive as the replacement service itself has fifteen days from receipt of the request, to indicate to the MSA and the insured whether or not it is able to provide for the replacement. If it is impossible to provide for replacement, the insured may therefore find himself with a reduced period of time to organize an alternative solution. Therefore, this situation risks weakening the effectiveness of the right to additional birth leave for the farmers concerned, even though this system constitutes an expected step forward to better take into account the family and professional realities of the agricultural world. Also, she asks him if the Government plans to change the methods of application of this deadline, in particular in order to better take into account the organizational constraints of non-salaried agricultural workers and replacement services and to guarantee effective implementation of the system in good conditions.

Machine translation from French. The official text remains authoritative.

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