In France, a pregnant employee is entitled to maternity leave. It begins during pregnancy and ends a few weeks after childbirth. How many weeks will your maternity leave last after the birth of the child and what benefits can you claim based on your situation? An update is made on the calculation of the dates of maternity leave.
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- Maternity leave: terms and durations
- Maternity leave, allowances and wages
- Conditions for receiving these benefits
- Employee and employer: rights and obligations
- Resume employment after prenatal and post-natal
- leave Leave maternity: taken into account for retirement
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Maternity leave: terms and durations
French legislation is clear: rights and duties regulate maternity leave. A employer cannot refuse maternity leave; he is also obliged to reinstate the employee into the workforce of the enterprise. The employee, on the other hand, has her own obligations to respect.
The duration of maternity leave is fixed in France by the Social Security Code and the Labour Code. A pregnant woman can leave for several weeks on maternity leave:
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- For a first child or second child :16-week maternity leave may begin 6 weeks before the presumed date of birth (CCA) and ends 10 weeks later.
- For the third and older child :26-week maternity leave begins 8 weeks before the presumed date of delivery and ends 18 weeks later.
- Gemellar pregnancy : maternity leave lasts34 weeks. We are talking about 12-week prenatal leave and 22-week postnatal leave.
- Pregnancy of tripled children or more : right of absence for maternity leave of46 weeks. In prenatal, a woman will benefit from 24 weeks before the presumed date of delivery, and 22 weeks after.
Good to know : in case of premature birth, the total duration of maternity leave is the same. The period of postnatal leave will simply be longer.
In case of illness directly related to pregnancy or childbirth, the duration of leave may be increased to a maximum of 2 weeks before the CCA and to a maximum of 4 weeks after the birth of the baby (pathological leave, hospitalization).
Some collective agreements provide for provisions favourable to the employee and broader than the basis for maternity leave.
Leave maternity, allowances and wages
Is it possible to receive a salary during the period of prenatal and post-natal maternity leave? Amounts paid to an employee during the period of her maternity leave are actually daily allowances . The last three average wages are used to calculate the amount of these allowances. In 2017, the ceiling on these allowances was €84.90 per day.
Conditions for receiving these allowances
- Have been registered with the Social Security for a minimum of 10 months on the presumed date of delivery.
- Have completed a minimum of 150 hours of salaried work in the three months preceding the stoppage of work.
Note : allowances may be reduced if the employee goes on sick leave.
Employee and employer: rights and bonds
Obligations of the employee : to inform her employer that she is expecting a child, by registered letter with acknowledgement of receipt. No time limit is provided by law, but politeness means that the employer is aware at the end of the first quarter or at the beginning of the 2nd quarter. That is when the declaration is made to the CPAM.
Employer’s obligations : An employer who is aware of a pregnancy cannot dismiss the employee. The latter is assured of retaining her position, except for serious misconduct.
During maternity leave, the employment contract is suspended (and not broken). The period of absence and “non-activity” of the employee and future mother is considered by law as actual working time . This particularly affects the calculation of your seniority within the company.
Resume employment after prenatal leave and postnatal
When maternity leave ends, there are several options available to the mother and employee. It can:
- take parental leave
- resume his job
- decide on a change of position
If the employee chooses to return to employment, a medical examination is mandatory . The employer offers accommodation, adjustment or reclassification. It also checks whether the state of health of the mother and employee is compatible with the assigned tasks.
In the event of incapacity , during the medical examination, occupational medicine must declare the medical examination and issue an official notice.
Upon return to work, the employee may of course apply for an interview if she considers that her duties no longer correspond to her expectations or abilities. An orientation Professional in-house can be offered.
Maternity leave: taken into account for retirement
Did you know that? Since January 1, 2014, all maternity leave quarters count fully for the retirement of employees. When calculating, these quarters will be taken into account by the cashier oftreats.