Summary
Who benefits from maternity leave?
All working women are entitled to maternity leave, from the moment they are employees (from the public or private sector). No condition related to seniority or the size of the company is required. The right is open to employees who benefit from a CDI or a CDDand those who work full-time or part-time.
What formalities must be completed to take leave?
It suits to inform the employer by registered letter with acknowledgment of receipt. In this letter are indicated the date when the leave begins and when it will end. The employee is not required to meet any deadline to complete this formality, however it is advisable to send the letter as soon as possible in order to allow the employer to organize himself.
How much does the employee receive during her maternity leave?
During the leave, salary compensation is suspended in favor ofallowances daily paid by Social Security. Some collective agreements, however, provide that the employer makes up the difference, in order to ensure that the woman retains her full salary. Seniority conditions must often be met. The days of absence for maternity leave are counted in the calculation of seniority rightsany bonuses and severance pay.
How long is maternity leave?
Maternity leave is in principle 16 weeks : 6 weeks before the expected date of delivery and 10 weeks after delivery. Certain special circumstances lengthen by right the duration:
- birth of a 3rd child : over 2 weeks;
- birth of twins or triplets: over 4 weeks;
- delivery after the expected date: the postnatal leave remains 10 weeks (therefore the total leave is greater than 16 weeks);
- medical reasons : pathological leave can be granted on medical certificate, justified by the state of health of the woman (2 weeks more before delivery, and 4 weeks more after delivery).
In the event of premature delivery, the initial leave is unchanged. Breastfeeding does not in principle entitle you to additional days off. An employee who wants to return to work sooner can do so, subject to respecting a mandatory rest period equal to 6 weeks after childbirth. Upon her return, the woman must return to her former position.
Professionals at your service:
- Health insurance funds
- Works councils
- Lawyers