It is forbidden to employ the employee during the leave referred to in 3° of article L. 3142-1 and during the four-day paternity and childcare leave period referred to in the third paragraph of article L. 1225-35, with the exception of any extension referred to in the last paragraph of the same article L. 1225-35 and notwithstanding, where applicable, the employee’s failure to comply with the notice period referred to in the penultimate paragraph of the said article L. 1225-35.
If the birth of the child occurs while the employee is on paid leave or leave for family events, the ban on employment begins at the end of this period of leave.
The prohibition of employment does not apply for the leave mentioned in the third paragraph of article L. 1225-35 when the employee cannot benefit from indemnities and allowances paid under the conditions provided for inarticle L. 331-8 of the Social Security Code or by other legislative or regulatory provisions.