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Pregnantemployees are protected, particularly in the event of dismissal. She may also benefit from adjustments to her working conditions. When she returns from maternity leave, she must find the same salary and the same responsibilities within the company.
BEFORE MATERNITY LEAVE
A pregnant employee is not required to reveal her pregnancy to her employer. However, to benefit from legal protection, it is necessary to inform them fairly quickly. Thus, she cannot be dismissed while she is still in the company and during her maternity leave. If she is already the subject of dismissal, she has 15 days to inform her employer of her pregnancy: a dismissal for simple misconduct will be canceled, and a dismissal for serious misconduct or economic reasons cannot take effect during the pregnancy nor during the 4 weeks following maternity leave.
ADJUSTED WORKING CONDITIONS
The employee can request an adjustment to her working conditions during her pregnancy. If she occupies a dangerous position, she can request reclassification. She can also ask to change her working hours if, for example, she no longer wishes to work at night. Her schedule can also be adjusted to allow her to attend medical visits related to her pregnancy.
DURING MATERNITY LEAVE
During maternity leave, the employment contract is suspended. The employee is entitled to maternity leave of 16 weeks: 6 weeks prenatal and 10 weeks postnatal (from the 3rd child the leave is extended as well as for multiple pregnancies). In this case, she can also benefit from two weeks of prenatal pathology leave. It is also possible to take 3 weeks prenatal and 13 weeks postnatal.
During this period, the employer does not pay the employee, it is Social Security which pays her daily allowances. However, certain collective agreements provide for salary maintenance by the employer. In addition, the employee continues to benefit from the same rights as an employee of the company: seniority rights, paid holidays, etc.
AT THE END OF MATERNITY LEAVE
The employee must find a similar job upon returning from maternity leave, with the same responsibilities and the same salary. If this is not the case and she considers herself the victim of discrimination, she can contact the industrial tribunal. If the employee wishes to resign, she does not have to give notice.
DAMY Law Society , Nice, The special rights of pregnant women, Updated 2016.
