MATERNITY PROTECTION

(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 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

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.

(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.

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.

(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.

(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. *

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. *

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.

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