Focus on maternity leave in the private sector

Maternity leave, created in 1909, was introduced by law so that any woman could take rest in the event of pregnancy, while receiving compensation. The length of this leave varies.

Maternity leave in a private company is for whom?

Any woman who becomes pregnant can benefit from this leave before the birth of her child and after giving birth. Indeed, it is a right and it is mandatory. This implies that the employer cannot refuse it and that the pregnant employee cannot totally give up this leave.

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What is the duration of this leave?

Its duration varies according to the number of children the employee already has. - If it is her first or second child, the prenatal leave will be 6 weeks and the postnatal leave 10 weeks. The total duration of the leave will therefore be 16 weeks. - If it is the third dependent child, then the prenatal leave will be 8 weeks and the postnatal leave 18 weeks. The total duration of the leave will therefore be 26 weeks. However, the duration may vary if an internal agreement provides for it. The employee is not obliged to accept maternity leave in its total duration but she cannot work for a total of 8 weeks before and after giving birth. She can reduce her prenatal leave but is obliged to take 6 weeks after delivery.

a. Prenatal leave:

A woman may reduce the duration of her prenatal leave, provided that the doctor who follows her pregnancy provides a favourable opinion. This is only a postponement because the weeks of prenatal leave not taken are added to the postnatal leave. The employee may postpone up to a maximum of three weeks. Example: A woman who is expecting her third child may decide to take only 4 weeks of prenatal leave, and return to work only 40 weeks after giving birth. Regardless of the number of weeks postponed, the employee must send a letter to CPAM, which will contain her request for postponement and her doctor's certificate attesting that she can extend her working time without risk to herself and her baby. The CPAM must receive this letter no later than the day before the beginning of the initial leave. If the employee becomes ill during the deferral, then the deferred leave takes effect on the date the work stoppage begins. This period of sick leave will therefore not be accumulated during postnatal leave.
Prenatal leave may also be extended under certain conditions. A pregnant woman can, in fact, benefit from a maximum of 2 additional weeks if it is her third child. The extension can be 4 weeks if she is expecting twins or triplets. The added weeks will be removed from the postnatal leave.

b. Pathological leave:

Pathological leave is an increase in maternity leave if the mother declares an illness directly related to her pregnancy or childbirth. She can thus benefit from a maximum of 2 weeks before the child's arrival and a maximum of 4 weeks after.

c. What happens in the event of premature delivery?

Premature childbirth does not change the duration of maternity leave, but since prenatal leave is shortened, the weeks are transferred to postnatal leave. However, two conditions can lead to a longer leave: - If the child arrives at least 6 weeks before term. - If the child must be hospitalized.

d. What happens in the event of a late delivery?

There is then an extension of prenatal leave until the child is born, with no reduction in postnatal leave.

e. What happens in the event of death?

If the mother dies during maternity leave, the child's father may benefit from the leave if he so requests. In the event of the baby's death (at birth or due to termination of pregnancy due to complications), the mother's maternity leave does not change.

Maternity and employer leave

The employee is required to inform her employer of her maternity leave and its duration, specifying the end date of the leave. To do so, it must send him a registered letter with acknowledgement of receipt.

Maternity leave and compensation

During her maternity leave, a woman may be compensated under certain conditions:

• She must certify that she has been affiliated to the Social Security system for at least 10 months on the expected date of delivery.
• She must stop working for a minimum of 8 weeks.
• Or she must certify a minimum of 150 hours of work during the three months preceding the maternity leave. She can also receive compensation if she has contributed during the 6 months preceding the leave.

Example: A woman whose leave begins on August 1, 2018 for a birth scheduled for October 1, 2018, will be eligible for compensation if

• His affiliation with the Social Security system dates back to before January 2018
• If she has worked at least 150 hours between May 1 and July 31.
• Or, if his contributions between 1 August 2017 and 31 July 2018 are based on a salary of at least €10,028.20.

What is the amount of this compensation?

The amount of compensation paid by the Social Security is calculated on the basis of a daily remuneration, which is calculated by adding up the last three gross remunerations received by the employee preceding the date of her maternity leave, divided by 91.25.
The amount of remuneration taken into account must not exceed the CPAM monthly ceiling in force. This is the limit in effect on the day before the date of maternity leave. That is to say that the amount of these compensations is at least €9.39 per day and a maximum of €86 per day.

End of maternity leave:

A return to work visit, which must be scheduled by the employer, must be carried out within one week of the return to work date. The purpose of this visit is to determine whether the employee's health condition allows her to return to her position or whether she needs to be reclassified to a new position.