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Maternity leave for private sector employee
Verified 01 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)
You are granted maternity leave during the period around the presumed date of your delivery. Its duration varies, depending on the number of unborn or already dependent children. It includes a period of prenatal leave and postnatal leave. You benefit from compensation paid by Social Security.
What applies to you ?
You automatically receive maternity leave, partly before and partly after your delivery.
Maternity leave is compulsory. It is strictly forbidden to give up entirely.
Legal
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Birth of a child
The duration of maternity leave varies, under the following conditions, depending on the number of children you already have to support before the child's birth:
Status of the unborn child | Length of prenatal leave | Post-natal leave duration | Total duration of maternity leave |
|---|---|---|---|
1to child | 6 weeks | 10 weeks | 16 weeks |
2e child | 6 weeks | 10 weeks | 16 weeks |
3e child | 8 weeks | 18 weeks | 26 weeks |
You may give up part of your leave, but you must stop working at least 8 weeks, including 6 weeks after giving birth.
Birth of 2 or more children (twins, triplets ...)
The duration of maternity leave shall vary according to the number of unborn children, under the following conditions:
Number of unborn children | Length of prenatal leave | Post-natal leave duration | Total duration of maternity leave |
|---|---|---|---|
2 | 12 weeks | 22 weeks | 34 weeks |
3 or more | 24 weeks | 22 weeks | 46 weeks |
You may give up part of your leave, but you must stop working at least 8 weeks, including 6 weeks after giving birth.
Please note
there may be more time off under treaty provisions.
Prenatal and postnatal leave
You can advance the start of your prenatal or postnatal leave.
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Advance prenatal leave
You can request to advance the start of your prenatal leave under the following conditions:
- or in case of birth of a 3e child, up to 2 weeks,
- or in the case of multiple births, up to 4 weeks.
If prenatal leave is advanced, postnatal leave is reduced by the same amount.
To advance part of your prenatal leave, you must obtain a favourable opinion from the health care professional following your pregnancy.
You should contact the CPAM: titleContent a request for an advance of prenatal leave.
You don't have to get the employer's agreement.
Offset start of prenatal leave
You can ask to shift part of your prenatal leave to your postnatal leave.
You can reduce your prenatal leave for up to 3 weeks. Your postnatal leave will then be increased by these 3 weeks.
To postpone part of your postnatal leave, you must obtain a favourable opinion from the health care professional following your pregnancy.
You should contact the CPAM: titleContent the following documents:
- Request for postponement of maternity leave
- Medical certificate that your medical condition allows you to extend your professional activity before birth
Your request must be made no later than 1 day before the originally scheduled holiday date.
You don't have to get the employer's agreement.
Warning
if you are in a work stoppage during this deferral period, the deferral is cancelled and the prenatal leave starts at 1to day of the work stoppage.
In case of illness (medical leave)
In the event of illness due to pregnancy or the consequences of childbirth, and certified by a medical certificate, the duration of your maternity leave shall be increased within the following limits:
- 2 weeks prior to the date of delivery,
- 4 weeks after giving birth.
Warning
in case of in utero exposure to distilbene, maternity leave shall begin on 1to day of work stoppage and may last until normal prenatal leave.
Date of delivery different than planned
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In case of premature delivery
The total duration of maternity leave remains the same: prenatal leave is shortened and postnatal leave is extended accordingly.
However, an additional rest period is foreseen
- if your child is born more than 6 weeks before the expected date
- and that his hospitalisation is compulsory.
In this case, maternity leave shall be extended for a period equal to the number of days between the effective date of delivery and the date of commencement of the prenatal leave originally planned. For example, if your child is born one week before the start of prenatal leave, the leave is extended by one week.
In case of late delivery
The prenatal leave is extended until the actual date of your birth, without reducing the postnatal rest.
You must notify your employer by registered letter with notice of receipt or delivery against receipt. This letter specifies the reason for your absence and the end date of your maternity leave.
Terms
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Seasonal or discontinuous activity
You are entitled to the Daily Maternity Allowance (LTD) if you are in one of the following cases:
- You've been in Social Security for at least 10 months as an employee
- You've worked at least 600 hours during the 12 months preceding your work stoppage
for example: for a work stoppage starting on 1to you must have worked at least 600 hours between june 30, 2020 and june 30, 2021.
- You contributed during the 12 months prior to your stoppage of work on the basis of pay not less than €22,878.10
for example: for a work stoppage starting on 1to July 2021, your pay was at least equal to €22,878.10 between 30 June 2020 and 30 June 2021. - You must stop working for at least 8 weeks
Pôle emploi Allocatee
You are entitled to the Daily Maternity Allowance (LTD) if you are in one of the following cases:
- You get unemployment benefit from Pôle emploi
- You have received one in the past 12 months
- You have been out of work for less than 12 months
It is the job you did before your unemployment insurance that determines the rules for awarding and calculating your LTDs.
To review your entitlement to YI during your maternity leave, contact your CPAM: titleContent copies of your last 4 salary slips.
Other
You are entitled to the Daily Maternity Allowance (LTD) if you are in one of the following cases:
- You've been in Social Security for at least 10 months as an employee
- You worked at 150 hours within 3 calendar months (or 90 days) prior to your work stoppage
for example: for a work stoppage starting on 1to July 2021, you must have worked at least 150 hours between the 1to April and June 30, 2021 - You've worked at least 600 hours during the 12 months preceding your work stoppage
for example: for a work stoppage starting on 1to July 2021, you must have worked at least 600 hours between June 30, 2020 and June 30, 2021 - You contributed during the 6 months prior to your stoppage of work on the basis of pay not less than €11,439.05
for example: for a work stoppage starting on 1to July 2021, your pay was at least equal to €11,439.05 between 1to January and June 30, 2021.
- You contributed during the 12 months prior to your stoppage of work on the basis of pay not less than €22,878.10
For example: for a work stoppage starting on 1to July 2021, your pay was at least equal to €22,878.10 between 30 June 2020 and 30 June 2021. - You must stop working for at least 8 weeks
Amount
Calculate maternity or paternity per diem
The CPAM: titleContent pay per diem (LTD) amounts determined in accordance with the following calculation steps:
- Calculation of basic daily wage : sum of the last 3 gross salaries received before the date of interruption of work, divided by 91,25
- Maximum Basic Daily Salary : The salary taken into account cannot exceed the monthly social security ceiling in force on the last day of the month preceding the judgement (either €3,666 per month in 2022, or €3,428 in 2021).
- Flat rate applied by CPAM CPAM withdraws a flat rate of 21% from this basic daily wage.
- Minimum amount and maximum IJ amount —The amount cannot be less than €9.77 not greater than €95.22 per day.
Please note
collective provisions may provide for more favourable conditions of compensation than those of Social Security, up to and including the full maintenance of the salary.
Payment
YI is paid every 14 days.
After the maternity leave, you resume your previous job or a similar job with at least equal pay.
You must pass a return visit.
It has to take place. at the initiative of your employer, no later than 8 days after your return to work.
It takes place in front of the doctor of the work on which your company depends.
The purpose of the return to work visit is to:
- Check that you are fit to return to work
- Check if your workstation (or, if so, the reclassification station you are assigned to) is compatible with your health
- Examine proposals made by your employer for the adjustment, adjustment or reclassification of the position following recommendations issued by the occupational physician
- Study the design, adjustment of your position or reclassification
- Issue, if necessary, a Notice of Incompetence
The return to work visit takes place during working hours.
Your absence is remunerated under the usual conditions, i.e. as actual working time.
If the return to work visit cannot take place during working hours (e.g. night work), then the time required for medical examinations is paid as actual working time.
Your employer and the occupational physician may request a medical certificate of consolidation from your attending physician.
You are entitled to a meeting with your employer for your career guidance.
If you wish, you can breastfeed during your working hours.
Who can help me?
Find who can answer your questions in your region
For information on employee-employer relationship (no response on social security compensation)
The informants who answer you are from the Ministry of Labour.
Cost: Free Service
Attention: service not responding questions concerning unemployment compensation and the representations made to Pôle emploi, civil servants or contractors, the amount or payment of social, wage or employer contributions.
The service is available at the following times:
- Monday: 8:30 to 17:30
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8:30 to 17:30
- Friday: 1 pm to 4:15 pm
For information on social security compensation
For information about your rights and procedures, ask a question about your file, report a change of situation or consult your refunds.
By phone
3646
Open Monday to Friday. Please note that the times vary according to your department. As a rule, opening times are from 8:30am to 5:00pm.
Free service + call price, from a landline or mobile phone.
From Mayotte, dial 02 69 61 91 91, Monday to Thursday from 7:30 to 14:30, Friday from 7:30 to 12:00.
From the foreigner: +33 1 84 90 36 46 (variable rate according to the telephone operator).
To make your answers easier, remember to bring your Vitale card.
By email and chat
Log on to your Ameli account : Click on "My steps" then "consult my space of exchange".
You can also use ameliBOT. This chatbot can help you send an email. It can put you in touch with your health insurance fund. Indeed, if after 2 requests, ameliBOT does not provide you with a satisfactory answer, you can contact a health insurance advisor via the exchange space of the Ameli account.
For general information on the rights of pregnant workers or those with children
Information Centre on the Rights of Women and Families (CIDFF)
- Labour Code: Articles L1225-16 to L1225-28Beneficiaries, duration, special situations, end of leave
- Social Security Code: Articles L313-1 to L313-6Right to compensation
- Social Security Code: Articles L331-3 to L331-7Compensation (amount and payment)
- Social Security Code: Articles R313-1 and R313-17Compensation (conditions)
- Social Security Code: Articles R331-5 to R331-7Compensation (amount)
- Labour Code: Article D1225-4-1Employer Information
- Labour Code: Articles R4624-29 to R4624-33Return to Work Visit
- Labour Code: Articles R4624-39 to R4624-41Conduct of the medical examination
- Labour Code: Article L1225-29Prohibition of prenatal and postnatal employment
FAQ
- Can an employee resign while on maternity leave?
- Can an employee breastfeed during working hours?
- Death of the mother during maternity leave: what consequences for YIs?
- Hospitalisation of newborn babies: what impact on maternity leave?
- Income tax - How are work stoppage allowances taxed?
- Does a European citizen employed in France have the same rights as a French employee?
- Maternity leave in the civil serviceService-Public.fr