maternity protection
LexInter | April 27, 2002 | 0 Comments

MATERNITY PROTECTION

LABOR CODE (Legislative Part)
Section 5: Maternity protection and child rearing
Article L122-25
(Law n ° 75-625 of July 11, 1975 art. 2 Official Journal of July 13, 1975)(Law n ° 77-766 of July 12, 1977 Official Journal of July 13, 1977)

(Law n ° 93-121 of January 27, 1993, art. 50 Official Journal of January 30, 1993)

The employer must not take into consideration the state of pregnancy of a woman to refuse to hire her, terminate her employment contract during a trial period or, subject to the provisions of article L 122-25-1, pronounce a job transfer. He is therefore prohibited from seeking or having researched any information concerning the state of pregnancy of the person concerned.

A woman applying for a job or an employee is not required, except in cases where she requests the benefit of the legislative and regulatory provisions concerning the protection of pregnant women, to reveal her state of pregnancy.
In the event of a dispute, the employer is required to communicate to the judge all the elements likely to justify his decision.
If a doubt remains, it benefits the pregnant employee.

MATERNITY LEAVE

Maternity leave and waiver of the requested sabbatical leave, n. under the Paris Court of Appeal, June 4, 1992; Court of Cassation, Social Chamber, May 7, 1996, Lhernould, Jean-Philippe, Revue de droit santé et social, n ° 2, 04/01/1997, pp 298-312

 

 

Article L122-25-1
(Law n ° 75-625 of July 11, 1975 art. 3 Official Journal of July 13, 1975)(Law n ° 93-121 of January 27, 1993, art. 51 Official Journal of January 30, 1993)

The provisions of article L. 122-25 do not preclude the temporary assignment to another job of an employee in a state of pregnancy, at her initiative or that of the employer, if the medically state of health noted by the employee requires it.

In the event of disagreement between the employer and the employee or when the change occurs at the initiative of the employer, the medical necessity of the job change and the employee’s aptitude to occupy the new envisaged job cannot be established. than by the occupational physician.

Assignment to another establishment is subject to the agreement of the person concerned.

This temporary assignment cannot have an effect that exceeds the duration of the pregnancy and ends as soon as the woman’s state of health allows her to return to her initial job.

The change of assignment must not lead to any reduction in remuneration.

Article L122-25-1-1
(inserted by Law n ° 2001-397 of May 9, 2001 art. 17 XII Official Journal of May 10, 2001)An employee who is medically confirmed or has given birth, working under the conditions set out in Article L. 213-2, is assigned to a day job at her request during the period of her pregnancy and during the period of legal leave. postnatal provided for in article L. 122-26. An employee who is medically confirmed to be pregnant or who has given birth, working under the conditions set out in Article L. 213-2, is also assigned to a day job during the period of her pregnancy when the occupational physician notes in writing that the night shift is incompatible with his condition. This period may be extended when the occupational physician notes in writing that the night shift is incompatible with his condition for a period of time.
This change in assignment must not lead to any reduction in remuneration. Assignment to another establishment is subject to the employee’s agreement.
If the employer is unable to offer another job, he informs the employee or the occupational physician in writing of the reasons that oppose reclassification. The employee’s employment contract is then suspended until the date of the start of the legal maternity leave and possibly during the additional period following the end of this leave in application of the first paragraph. The employee benefits from a guarantee of remuneration consisting of a daily allowance paid by social security and additional remuneration payable by the employer according to the same conditions as those provided for by the
These provisions apply without prejudice to Articles L. 122-24-4, L. 122-25-2, L. 122-26, L. 224-1 and L. 241-10-1.
Article L122-25-1-2
(inserted by Ordinance n ° 2001-173 of February 22, 2001 art. 1 Official Journal of February 24, 2001)temporary assignments in another workstation. This temporary arrangement or assignment must not result in any reduction in remuneration.
If the employer is unable to offer another job, he informs the employee and the occupational physician in writing of the reasons that oppose reclassification. The employee’s employment contract is then suspended, except during the period covered by the statutory maternity leave. The employee benefits from a guarantee of remuneration, during the suspension of the employment contract, consisting of the daily allowance provided for in Article L. 333-1 of the Social Security Code and a supplement payable by the employee. employer, under the same conditions as those laid down by article 7 of the
These provisions apply without prejudice to Articles L. 122-24-4, L. 122-25-2 and L. 241-10-1.
Article L122-25-2
(Law n ° 78-730 of July 12, 1978 Official Journal of July 13, date of entry into force October 1, 1978)(Law n ° 80-545 of July 17, 1980 art. 7 Official Journal of July 18, date of entry into force July 1, 1980)

(Law n ° 96-604 of July 5, 1996 art. 53 Official Journal of July 6, 1996)

No employer may terminate the employment contract of an employee when she is medically certified as pregnant and during all the periods of suspension of the employment contract to which she is entitled pursuant to article L. 122- 26, whether or not it exercises this right, as well as during the four weeks following the expiration of these periods. However, and subject to observing the provisions of Article L. 122-27, he may terminate the contract if he can justify a serious fault on the part of the interested party, unrelated to the state of pregnancy, or of the impossibility where it is, for a reason unrelated to pregnancy, childbirth or adoption, to maintain the said contract.

Unless it is pronounced for one of the reasons justifying, by application of the preceding paragraph, the termination of the employment contract, the dismissal of an employee is canceled if, within fifteen days from its notification, ” the interested party sends to her employer by registered letter with acknowledgment of receipt, either a medical certificate justifying that she is in a state of pregnancy, or a certificate justifying arrival at her home, within eight days, d ‘a child placed for adoption; this certificate is issued by the departmental child welfare service or an agency authorized for adoption which carries out the placement.

The provisions of the preceding paragraphs do not preclude the expiry of the fixed-term employment contract.

Conditions of termination of the employment contract of a pregnant employee in a company in difficulty; Note under Court of Cassation, social chamber, October 24, 2000, Lavallart, ex officio against Madame Lavaine, wife Ussel and others, Puigelier, Catherine, JCP E Semaine Juridique (company edition), n ° 26, 06/28/2001, pp 1100-1102
Article L122-25-3
(inserted by Law n ° 93-121 of January 27, 1993 art. 52 Official Journal of January 30, 1993)The employee benefits from an absence authorization to attend the compulsory medical examinations provided for in Article L. 154 of the Public Health Code as part of the medical surveillance of pregnancy and the aftermath of childbirth.
These absences do not entail any reduction in remuneration and are assimilated to a period of actual work for the purpose of determining the duration of paid leave as well as with regard to the legal or contractual rights that the employee holds due to her seniority in the business.
Article L122-25-4
(inserted by Law n ° 2001-1246 of December 21, 2001 art. 55 I Official Journal of December 26, 2001)After the birth of his child and within a period fixed by decree, the employed father benefits from a paternity leave of eleven consecutive days or eighteen consecutive days in the event of multiple births resulting in the suspension of his employment contract. The employee who wishes to benefit from paternity leave must notify his employer at least one month before the date on which he intends to take his leave, specifying the date on which he intends to end the suspension of his employment contract.

Note: Law 2001-1246 2001-12-21 art. 55 XXII: The provisions of this article are applicable to children born or adopted from January 1, 2002 and to children born before that date when their presumed birth was after December 31, 2001.

Article L122-26
(Law n ° 80-545 of July 17, 1980 art. 9 Official Journal of July 18, date of entry into force July 1, 1980)(Law n ° 84-2 of January 2, 1984, art. 15 Official Journal of January 3, 1984)

(Law n ° 85-17 of January 4, 1985 art. 26 III Official Journal of January 5, 1985)

(Law n ° 85-772 of July 25, 1985 art. 107 Official Journal of July 26, 1985)

(Law n ° 93-121 of January 27, 1993 art. 55 III Official Journal of January 30, 1993)

(Law n ° 94-629 of July 25, 1994 art. 26 I Official Journal of July 26, 1994)

(Law n ° 96-604 of July 5, 1996 art. 53 Official Journal of July 6, 1996)

(Law n ° 2001-1246 of December 21, 2001 art. 55 II Official Journal of December 26, 2001)

The employee has the right to suspend the employment contract for a period which begins six weeks before the presumed date of childbirth and ends ten weeks after the date of the latter. When multiple births are planned, this period begins twelve weeks before the expected date of delivery, twenty-four weeks for the birth of more than two children and ends twenty-two weeks after the date of delivery. In the event of the birth of two children, the period prior to the presumed date of delivery may be increased by a maximum of four weeks; the period of twenty-two weeks after childbirth is then reduced accordingly. This period begins eight weeks before the presumed date of delivery and ends eighteen weeks after the date of the delivery when, before the delivery, the employee herself or the household is already responsible for two children in the less under the conditions provided for in Articles L. 525 to L. 529 of the Social Security Code or when the employee has already given birth to at least two children born viable. The period of eight weeks of suspension of the employment contract prior to the presumed date of childbirth may be increased by a maximum of two weeks; the period of eighteen weeks of suspension of the employment contract subsequent to the date of childbirth is then reduced accordingly. childbirth and ends eighteen weeks after the date thereof when, before the childbirth, the employee herself or the household is already responsible for at least two children under the conditions provided for in Articles L. 525 to L 529 of the social security code or when the employee has already given birth to at least two children born viable. The period of eight weeks of suspension of the employment contract prior to the presumed date of delivery may be increased by a maximum of two weeks; the period of eighteen weeks of suspension of the employment contract subsequent to the date of childbirth is then reduced accordingly. childbirth and ends eighteen weeks after the date thereof when, before the birth, the employee herself or the household is already responsible for at least two children under the conditions provided for in Articles L. 525 to L 529 of the social security code or when the employee has already given birth to at least two children born viable. The period of eight weeks of suspension of the employment contract prior to the presumed date of childbirth may be increased by a maximum of two weeks; the period of eighteen weeks of suspension of the employment contract subsequent to the date of childbirth is then reduced accordingly. the employee herself or the household is already responsible for at least two children under the conditions provided for in Articles L. 525 to L. 529 of the Social Security Code or when the employee has already given birth to at least two children born viable. The period of eight weeks of suspension of the employment contract prior to the presumed date of childbirth may be increased by a maximum of two weeks; the period of eighteen weeks of suspension of the employment contract subsequent to the date of childbirth is then reduced accordingly. the employee herself or the household is already responsible for at least two children under the conditions provided for in Articles L. 525 to L. 529 of the Social Security Code or when the employee has already given birth to at least two children born viable. The period of eight weeks of suspension of the employment contract prior to the presumed date of childbirth may be increased by a maximum of two weeks; the period of eighteen weeks of suspension of the employment contract subsequent to the date of childbirth is then reduced accordingly. 529 of the Social Security Code or when the employee has already given birth to at least two children born viable. The period of eight weeks of suspension of the employment contract prior to the presumed date of delivery may be increased by a maximum of two weeks; the period of eighteen weeks of suspension of the employment contract subsequent to the date of childbirth is then reduced accordingly. 529 of the Social Security Code or when the employee has already given birth to at least two children born viable. The period of eight weeks of suspension of the employment contract prior to the presumed date of childbirth may be increased by a maximum of two weeks; the period of eighteen weeks of suspension of the employment contract subsequent to the date of childbirth is then reduced accordingly.

When the childbirth takes place before the expected date, the period of suspension of the employment contract may be extended until the end of the sixteen, twenty-six, thirty-four or forty-six weeks of suspension of the contract at which the employee may be entitled.

If a pathological state attested by a medical certificate as resulting from pregnancy or childbirth makes it necessary, the period of suspension of the contract provided for in the previous paragraphs is increased by the duration of this pathological state within the limit of two weeks before the presumed date. of childbirth and four weeks after the date of delivery.

When the child remains hospitalized until the expiration of the sixth week following childbirth, the employee may postpone all or part of the leave to which she can still claim until the date of the end of the hospitalization.
Any employee to whom a departmental child welfare service or an agency authorized for adoption entrusts a child with a view to adoption has the right to suspend the employment contract for a period of ten weeks at most from date from the child’s arrival at the home, twenty-two weeks in the event of multiple adoptions. This period is set at eighteen weeks if the adoption has the effect of bringing to three or more the number of children for whom the employee or the household takes charge under the conditions provided for in Articles L. 512-3 et seq. And L. 521-1 of the social security code. The suspension of the employment contract may precede the arrival of the child at the home by seven calendar days at the most. The employed parents then benefit from the protection instituted in article L. 122-25-2 of this code. The adoption of a child by a couple of salaried parents gives rise to the right to eleven additional days or, in the event of multiple adoptions, to eighteen additional days of adoption leave on condition that the duration of this is divided between the two parents. In this case, the duration of the leave may not be divided into more than two periods, the shorter of which may not be less than eleven days. These two periods can be simultaneous. in the event of multiple adoptions, to eighteen additional days of adoption leave on condition that the duration thereof is divided between the two parents. In this case, the duration of the leave may not be divided into more than two periods, the shorter of which may not be less than eleven days. These two periods can be simultaneous. in the event of multiple adoptions, to eighteen additional days of adoption leave on condition that the duration thereof is divided between the two parents. In this case, the duration of the leave may not be divided into more than two periods, the shorter of which may not be less than eleven days. These two periods can be simultaneous.
The provisions of the preceding paragraph are applicable to the employee holding the approval mentioned in articles 63 or 100-3 of the Family and Social Assistance Code when adopting or receiving a child with a view to its adoption. by decision of the competent foreign authority, provided that the child has been authorized, as such, to enter French territory.
The father or mother informs the employer of the reason for his or her absence and the date on which he or she intends to end the suspension of his or her employment contract.
In the event that during her pregnancy the woman was the subject of a change of assignment under the conditions provided for in the first paragraph of Article L. 122-25-1, she shall be reinstated in the job held before this assignment when he resumes work at the end of the suspension period defined in this article.

Note: Law 2001-1246 2001-12-21 art. 55 XXII: The provisions of this article are applicable to children born or adopted from January 1, 2002 and to children born before that date when their presumed birth was after December 31, 2001.

Article L122-26-1
(Law n ° 85-10 of January 3, 1985, art. 81 Official Journal of January 4, 1985)(Law n ° 85-772 of July 25, 1985 art. 108 Official Journal of July 26, 1985)

(Law n ° 94-629 of July 25, 1994 art. 26 II Official Journal of July 26, 1994)

Upon the death of the mother during the periods defined in the first and fourth paragraph of Article L. 122-26, the father has the right to suspend the employment contract for a period of ten weeks at most from the day of the birth of the child. The person concerned must inform his employer of the reason for his absence and of the date on which he intends to end the suspension of his employment contract. The father then benefits from the protection against dismissal established in article L. 122-25-2.
The suspension of the employment contract may be extended to eighteen or twenty-two weeks in the cases provided for in Article L. 331-6 of the Social Security Code.

* Note: Law 94-629 of July 25, 1994 art. 27: date of application. *

Article L122-26-2
(Law n ° 88-16 of January 5, 1988 art. 8 Official Journal of January 6, 1988) (Law n ° 95-116 of February 4, 1995 art. 99 I Official Journal of February 5, 1995)The duration of maternity leave and adoption leave is assimilated to a period of actual work for the determination of the rights that the employee derives from his or her seniority.
Article L122-26-3
(inserted by Law n ° 95-116 of February 4, 1995, art. 99 II Official Journal of February 5, 1995)Any provision appearing in an agreement or a collective labor agreement and including in favor of employees on maternity leave a birth-related benefit is automatically applicable to employees on adoption leave.
Article L122-27
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Law n ° 75-625 of July 11, 1975 art. 5 Official Journal of July 13, 1975)The termination of the employment contract by the employer for one of the reasons provided for in article L. 122-25-2 cannot take effect or be served during the suspension period provided for in article L. 122-26. .
Article L122-28
(Law n ° 77-766 of July 12, 1977 Official Journal of July 13, 1977)To raise his child, the employee may, subject to informing his employer by registered letter with acknowledgment of receipt at least fifteen days in advance, terminate his employment contract at the end of the maternity leave or adoption provided for in Article L. 122-26 or, as the case may be, two months after the birth or arrival at the home of the child, without being required to respect the notice period, nor to pay this made severance pay. He can, in the year following the termination of his contract, request in the same forms his rehiring; the employer is then required, for one year, to hire him by priority in the jobs for which his qualification allows him to claim and to grant him,
Article L122-28-1
(Law n ° 84-9 of January 4, 1984 art. 1 Official Journal of January 5, 1984) (Law n ° 86-1307 of December 29, 1986 art. 12 I, II Official Journal of December 30, 1986) (Law n ° 91 -1 of January 3, 1991 art. 14 I Official Journal of January 5, 1991) (Law n ° 94-629 of July 25, 1994 art. 12 I and III Official Journal of July 26, 1994 in force on January 1, 1995) (Law n ° 96-604 of July 5, 1996 art. 54 Official Journal of July 6, 1996)During the period following the expiry of the maternity or adoption leave provided for in Article L. 122-26 or by a collective agreement or agreement, any employee who can prove that they have been at least one year at the date of birth of his child or of the arrival at home of a child who has not yet reached the age of the end of compulsory education adopted or entrusted with a view to his adoption has the right either to benefit from ” parental education leave during which the employment contract is suspended, or to reduce their working time by at least one fifth of that applicable to the establishment without this part-time activity being less than sixteen weekly hours.
Parental leave and the period of part-time activity end at the latest on the child’s third birthday or, in the case of the adoption of a child under the age of three, at the expiration of a period of three years from the child’s arrival at home. Parental leave and the period of part-time activity have an initial duration of one year at most; they may be extended twice to end at the latest at the end of the periods defined above, regardless of their start date. This possibility is open to the father and the mother, as well as to adopters.
When the adopted child or entrusted for adoption is over three years old, but has not yet reached the age of the end of compulsory schooling, parental leave and the period of activity on time partial cannot exceed one year from arrival at the home.
In the event of illness, accident or serious disability of the child assessed in accordance with the terms defined by decree of the Council of State, parental leave and the period of part-time activity end no later than one year after the deadlines defined in the above paragraph, regardless of their start date.

The employee must inform his employer, by registered letter with acknowledgment of receipt, of the starting point and the duration of the period during which he intends to benefit from the provisions of paragraph 1 of this article.

When this period immediately follows the maternity or adoption leave, the employee must inform the employer, by registered letter with acknowledgment of receipt, at least one month before the end of said leave; in other cases, the information must be given to the employer at least two months before the start of parental education leave or part-time activity.

When the employee intends to extend his parental education leave or his period of part-time activity, he must notify the employer of this extension, by registered letter with acknowledgment of receipt, at least one month before the initial term. planned and inform him, where applicable, of his intention either to transform parental leave into part-time activity or to transform part-time activity into parental leave. However, during the period of part-time activity or on the occasion of its extensions, the employee cannot modify the working time initially chosen except with the employer’s agreement or if a collective agreement or collective agreement of work expressly provides for this.

* NOTE – Labor Code R152-3: penal sanctions. *

PART-TIME SCHEDULES
Article L122-28-2
(Law n ° 84-9 of January 4, 1984 art. 2 Official Journal of January 5, 1984) (Law n ° 84-9 of January 4, 1984 art. 3 Official Journal of January 5, 1984) (Law n ° 91-1 of January 3, 1991 art. 15 Official Journal of January 5, 1991)In the event of the death of the child or a significant reduction in household resources:
1 ° The employee benefiting from parental education leave has the right either to resume his initial activity or to exercise his activity part-time within the limit the duration provided for in the initial employment contract;
2 ° An employee working part-time to bring up a child has the right to resume his initial activity and may, with the employer’s agreement, modify its duration.

The employee must send a reasoned request to the employer by registered letter with acknowledgment of receipt, at least one month before the date on which he intends to benefit from the provisions of this article.

Article L122-28-3
(Law n ° 84-9 of January 4, 1984 art. 2 Official Journal of January 5, 1984) (Law n ° 84-9 of January 4, 1984 art. 3 Official Journal of January 5, 1984) (Law n ° 91-1 of January 3, 1991 art. 14 II Official Journal of January 5, 1991)At the end of parental education leave or the period of exercising a part-time activity or in the month following the reasoned request to resume the initial activity mentioned in article L. 122-28- 2, the employee returns to his previous job or a similar job with at least equivalent remuneration.
Article L122-28-5
(Law n ° 84-9 of January 4, 1984 art. 3 Official Journal of January 5, 1984) (Law n ° 91-1 of January 3, 1991 art. 14 I Official Journal of January 5, 1991)An employee on parental education leave or who works part-time to raise a child may not exercise any professional activity other than maternal assistance activities defined by Articles L. 123-1 to L. 123-8. of the family and social assistance code.
Article L122-28-6
(Law n ° 84-9 of January 4, 1984 art. 2 Official Journal of January 5, 1984) (Law n ° 2000-1257 of December 23, 2000 art. 20 VIII Official Journal of December 24, 2000)The duration of parental education leave provided for in the first paragraph of article L. 122-28-1 and the duration of parental presence leave provided for in the first paragraph of article L. 122-28-9 are taken into account. half in determining the benefits linked to seniority. The employee also retains the benefit of all the benefits he had acquired before the start of this leave.
Article L122-28-7
(Law n ° 84-9 of January 4, 1984 art. 2 II Official Journal of January 5, 1984) (Law n ° 91-1 of January 3, 1991 art. 14 II, art. 17 Official Journal of January 5, 1991) (Law n ° 93-121 of January 27, 1993 art. 53 I, II Official Journal of January 30, 1993) (Law n ° 94-629 of July 25, 1994 art. 13 Official Journal of July 26, 1994 in force on January 1, 1995)The employee rehired in the company in application of article L. 122-28 and the one who resumes his activity at the end of parental education leave or part-time work to raise a child, referred to in l Article L. 122-28-1, benefit, in particular in the event of a change in techniques or working methods, from a right to professional training.
The employee can also benefit from this right before the expiry of the period during which he intended to benefit from the provisions of article L. 122-28-1. However, in this case, the parental leave for education or the exercise of a part-time activity to bring up a child is terminated.
The employee has the right to follow, on his own initiative, a training course of the type defined in article L. 900-2 during the period during which he benefits from the provisions of article L. 122-28. -1. In this case, he is not remunerated and he benefits from the social security legislation relating to protection in matters of work accidents and occupational diseases provided for in article L. 962-4 for training trainees. professional.
The employee benefiting from parental education leave or exercising his activity part-time to raise a child benefits as of right from the skills assessment mentioned in article L. 900-2, under the conditions of
The employees referred to in this article are not counted in the 2 p. 100 of workers who can simultaneously benefit from the training leave provided for in Article L. 930-1 of the Labor Code.

* Note – Labor Code R152-3: Penal sanctions *

Article L122-28-8
(inserted by Law n ° 94-629 of July 25, 1994 art. 14 I Official Journal of July 26, 1994 in force on January 1, 1995)Any employee has the right to benefit from unpaid leave in the event of illness or accident, certified by a medical certificate, of a child under the age of sixteen for whom he is responsible within the meaning of article L. 513. -1 of the social security code.
The duration of this leave is a maximum of three days per year. It is increased to five days if the child is under one year of age or if the employee is responsible for three or more children under the age of sixteen.
The application of this article does not preclude those of the more favorable legal, regulatory or contractual provisions.
Article L122-28-9
(Law n ° 94-629 of July 25, 1994 art. 14 I Official Journal of July 26, 1994 in force on January 1, 1995) (Law n ° 2000-1257 of December 23, 2000 art. 20 VII Official Journal of December 24, 2000) (Law n ° 2001-1246 of December 21, 2001 art. 57 II Official Journal of December 26, 2001)Any employee whose dependent child within the meaning of Article L. 513-1 of the Social Security Code and fulfilling one of the conditions provided for in Article L. 512-3 of the same code is the victim of a illness, accident or serious disability, assessed according to procedures defined by decree of the Council of State, and requiring the presence of a person at his side, has the right either to work part-time or to benefit from parental presence leave resulting in the suspension of their employment contract.
The period of part-time activity, or suspension of the employment contract, has an initial duration of four months at most. It can be renewed twice,
The employee must send his employer, at least fifteen days before the start of the leave or part-time work, a registered letter with acknowledgment of receipt informing him of his desire to benefit from the provisions of the first paragraph of this article. , as well as a medical certificate drawn up in accordance with the procedures set by decree of the Council of State.
When the employee intends to extend his leave or his part-time activity, he must notify the employer of this extension, by registered letter with acknowledgment of receipt, at least fifteen days before the initially planned term and inform him, the where applicable, its intention either to transform parental presence leave into part-time activity, or to transform part-time activity into parental presence leave. However, during the period of part-time activity or on the occasion of its extensions, the employee cannot modify the working time initially chosen except with the employer’s agreement or if a collective agreement or collective agreement of work expressly provides for this.
At the end of the parental presence leave or the period of exercising his part-time activity, the employee returns to his previous job or a similar job with at least equivalent remuneration.
However, in the event of the death of the child or of a significant reduction in household resources, the employee also returns to his previous job or a similar job with at least equivalent remuneration, if he has completed the formalities provided for in the article L. 122-28-2.
Article L122-28-10
(Law n ° 96-604 of July 5, 1996 art. 55 I Official Journal of July 6, 1996) (Ordinance n ° 98-522 of June 24, 1998 art. 31 Official Journal of June 27, 1998)Any employee holding the authorization mentioned in Articles 63 or 100-3 of the Family and Social Assistance Code has the right to benefit from unpaid leave when, with a view to the adoption of a child, he goes abroad or to an overseas department, an overseas territory or one of the territorial communities of Saint-Pierre-et-Miquelon and Mayotte, whether from a metropolitan department or another overseas department or the territorial collectivity of Saint-Pierre-et-Miquelon.
The right to leave is open for a maximum period of six weeks by approval.
The employee must inform his employer, by registered letter with acknowledgment of receipt, at least two weeks before his departure, of the starting point and the envisaged duration of the leave.
The employee has the right to resume his initial activity in the event that he interrupts his leave before the scheduled date.
The application of this article does not preclude those of the more favorable legal, regulatory or contractual provisions.
Article L122-29
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973)Any agreement contrary to the provisions of Articles L. 122-25 to L. 122-31 is automatically void.
Article L122-30
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Law n ° 77-766 of July 12, 1977 Official Journal of July 13, 1977) (Law n ° 84-9 of January 4, 1984 art. 4 Official Journal of January 5, 1984)Failure by the employer to comply with the provisions of Articles L. 122-25 to L. 122-28-7 may give rise to the award of damages for the benefit of the beneficiary, in addition to the termination indemnity.
In addition, when, in application of the aforementioned provisions, the dismissal is null, the employer is required to pay the amount of the salary which would have been received during the period covered by the nullity.
Article L122-31
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Law n ° 77-766 of July 12, 1977 Official Journal of July 13, 1977) (Law n ° 84-9 of January 4, 1984 art. 4 Official Journal of January 5, 1984) (Law n ° 94-629 of July 25, 1994 art. 14 II Official Journal of July 26, 1994 in force on January 1, 1995) (Law n ° 96-604 of July 5, 1996 art. 55 II Official Journal of July 6, 1996)A Council of State decree determines the terms of application of the provisions of Articles L. 122-25 to L. 122-28-10 and the sanctions regime applicable to an employer who disregards said provisions.
Article L122-32
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Law n ° 99-1123 of December 28, 1999 art. 5 I Official Journal of December 29, 1999)Women in a medically certified state of pregnancy can leave work without notice and without having to pay severance pay.

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