Leave, salary, post… What are the rights of an employee who is going to become a mother?

While leading a family life and a career are still a daily challenge, the legislator has taken measures to secure the professional career of future mothers through maternity leave.

Protected leave

Every pregnant woman is now entitled to this specific period of termination which typically extends over 6 weeks before childbirth (this is prenatal leave) and 10 weeks after the birth of the child, i.e. 16 weeks in total (112 days). The leave is extended in the event of a multiple birth, a hospitalized premature baby and from the third child. Because each pregnancy is different, the law also makes it possible to adjust the distribution of weeks off according to needs. However, a minimum of 8 weeks in total before and after childbirth must be observed, bearing in mind that resumption of work is prohibited within 6 weeks of the birth.

Although this leave suspends the employee’s contract, it does not in any way break it. It is therefore impossible to dismiss an employee during her pregnancy. The ban on dismissal extends from the prenatal period to the postnatal period, but also during leave taken immediately after maternity leave, as well as during the 10 weeks following its expiry.

Guaranteed remuneration

During the 4 months of maternity leave, it is the health insurance which is responsible for paying daily allowances to the mother-to-be, in order to compensate for the lack of income. But certain collective agreements may require the company to supplement these allowances. It is therefore in your best interest to check whether your branch is more favorable in this matter.

If this period separates you temporarily from your post, the entire duration of maternity leave is legally assimilated to actual work for the purpose of determining the rights relating to your seniority. In addition, in the absence of any specific provision, the expectant mother can claim the same salary changes as any of her colleagues in her professional category. In short: she benefits, like the others, from annual salary increases.

Safe return

At the end of her maternity leave, the employee must be reassigned to her previous position or to a similar position, all with remuneration at least equivalent to what she received before her departure. In order to guarantee reintegration in the best possible conditions, a medical return to work visit must be scheduled within 8 days of returning to the office. The objective is to check that the position is compatible with the state of health of the young mother, to discuss any desirable arrangements and, if necessary, to issue a notice of unfitness.

For its part, the employer must grant a professional interview to the employee to discuss her prospects for development within the company.

Mobility made easy

The arrival of a child can also be a life-changing opportunity. As soon as she has more than one year of seniority in the company, the young mother can request to benefit from parental education leave, in order to reduce or interrupt her professional activity to devote herself to her baby (up to 3 years of leave possible).

On the other hand, if she is on a permanent contract, the employee can terminate her employment contract without respecting the usual notice period, during the 2 months following her return to the office. During this period, she will only have to send a registered letter with acknowledgment of receipt 15 days before her departure. Finally, the law allows him to change his mind. During the year following her departure, the former employee benefits from a rehiring priority for jobs in line with her qualifications, in order to return to the company.