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Maternity leave of a private sector employee
Verified 12 September 2023 - Legal and Administrative Information Directorate (Prime Minister)
Are you an employed worker and you are pregnant?
You are on maternity leave which includes a period before you give birth (said prenatal leave) and a period after your delivery (said postnatal leave).
The length of the leave varies depending on the number of unborn or dependent children.
You receive compensation from the Social Security.
We present your rights during your maternity leave.
What applies to you ?
You are automatically granted maternity leave, partly before you give birth (leave prenatal) and partly after you give birth (leave postnatal).
Maternity leave is obligatory. It is strictly forbidden to give up completely.
Please note
The employer may be fined up to €1,500 and to pay you damages if they do not comply with the prohibition on employment during your prenatal and postnatal leave.
During maternity leave, the employment contract shall be suspended.
You inform your employer
You must notify your employer by letter with RAR: titleContent or delivery against receipt.
Your letter states the reason for your absence and the presumed start and end dates of your maternity leave.
You inform the FAC, if you are dependent on the general plan
You make your declaration of pregnancy with your CPAM: titleContent and the Cof during the First 14 weeks of your pregnancy.
Your return must be accompanied by a certificate by the doctor or midwife who is following your pregnancy.
This certificate attests to your state of pregnancy and specifies the presumed date of childbirth.
You inform the AMM, if you are dependent on the farm plan
You make your declaration of pregnancy to the MSA: titleContent during the First 14 weeks of your pregnancy.
Your return must be accompanied by a certificate by the doctor or midwife who is following your pregnancy.
This certificate attests to your state of pregnancy and specifies the presumed date of delivery.
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Birth of child
The length of maternity leave varies, under the following conditions, depending on the number of children you already have before the birth of your child:
Status of the unborn child | Duration of prenatal leave (before delivery) | Postnatal leave (after delivery) | Total duration of maternity leave |
|---|---|---|---|
1er child | 6 weeks | 10 weeks | 16 weeks |
2e child | 6 weeks | 10 weeks | 16 weeks |
3e child or more | 8 weeks | 18 weeks | 26 weeks |
You can give up part of your maternity leave, but you must stop working at least 8 weeks including 6 after giving birth.
Birth of 2 or more children (twins, triplets...)
The duration of maternity leave varies according to the number of unborn children, under the following conditions:
Number of unborn children | Duration of prenatal leave (before delivery) | Postnatal leave period (after delivery) | Total duration of maternity leave |
|---|---|---|---|
2 | 12 weeks | 22 weeks | 34 weeks |
3 or more | 24 weeks | 22 weeks | 46 weeks |
You can give up part of your maternity leave, but you must stop working at least 8 weeks including 6 after giving birth.
Please note
Of treaty provisions may provide for longer periods of leave.
You can request to advance the start of your prenatal leave under the following conditions:
- or in the case of the birth of a 3e child, up to 2 weeks
- 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 need to get a favorable opinion from the health professional following your pregnancy.
You must address the CPAM: titleContent or to the MSA: titleContent an application for an advance of prenatal leave.
You don't have to get your employer's approval.
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 the favorable opinion of the healthcare professional following your pregnancy.
You must address the CPAM: titleContent or to the MSA: titleContentthe following documents:
- Request for postponement of maternity leave
- Medical certificate attesting that your state of health allows you to prolong your professional activity before birth
Your request must be made no later than 1 day before the date of leave originally scheduled.
You don't have to get your employer's approval.
Warning
If you are in work stoppage during this deferral period, the deferral is canceled and the prenatal leave begins at 1er day of work stoppage.
In case of illness due to your pregnancy or the aftermath of your delivery, the duration of your maternity leave is increased within the following limits:
- 2 weeks before the expected date of delivery,
- 4 weeks after childbirth.
You must address your request to the CPAM: titleContent or to theMSA: titleContent.
Your application must be accompanied by a certificate issued by the doctor or midwife following your pregnancy.
This certificate attests to your medical condition and specifies the expected duration.
Warning
In case of exposure in utero maternity leave in distilbene starts on the 1er day off work and may last until normal prenatal leave.
The total duration of your maternity leave remains the same: prenatal leave is shortened and postnatal leave is extended accordingly.
However, a additional rest is planned:
- if your child is born more than 6 weeks before the expected date
- and its hospitalization is compulsory
In this case, maternity leave shall be extended by the number of days between the actual date of confinement and the date of commencement of the pre-natal leave originally scheduled.
Example :
If your child is born one week before the start of prenatal leave, maternity leave is extended by one week.
The prenatal leave is extended until the actual date of your delivery, without reducing the postnatal leave.
There are provisions for hospitalization of your child at birth:
- If delivery occurs more than 6 weeks before the expected date and requires the hospitalization of your child, you receive an additional period of maternity leave.
The duration of this additional period shall be equal to the number of days between birth and the scheduled date of commencement of the prenatal leave.
This period cannot be postponed until the end of the child's hospitalization.
You automatically benefit from this extension on presentation to the CPAM: titleContent or to the MSA: titleContent any document attesting to the length of time the child has been hospitalized. - If the child remains hospitalized more than 6 weeks after birth, you can request to return to work and postpone the unused period of postnatal leave until the child is out of hospital.
Your request must indicate the date on which the maternity leave was interrupted and the length of the leave that is being deferred.
It must be accompanied by the documents proving the hospitalization of the child and addressed to the CPAM: titleContent or to the MSA: titleContent.
You cannot be denied this leave postponement.
Provision is made in the event of the death of the child at birth:
- In the event of the death of the child after birth, you keep your postnatal leave
- In the event of death due to premature birth, you are entitled to maternity leave in full if the child is born viable. The viability threshold is 22 weeks gestation or if the fetus weighed at least 500 grams.
If the child is not born viable, you are placed on sick leave.
You send your request to the CPAM: titleContent or to theMSA: titleContent.
In the event of the mother's death after the birth of the child, the father may apply for postnatal leave for the remaining period and postpone his paternity leave until the end of that postnatal leave.
If the father of the child does not apply for postnatal leave for the remainder of the period, such leave may be granted to the person who lived in a couple with the mother, if she asks.
Leave may not be denied to a father or to a person who was living in a relationship with the mother.
The request for leave shall be made using the cerfa form No 15411.
The form is to be submitted to the employer.
During your maternity leave, your employment contract is suspended.
You don't receive your salary during this period.
However, you are entitled to the daily subsistence allowance (IJ) for maternity according to your personal situation.
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You are engaged in a seasonal or discontinuous activity
Since August 20, 2023
You are entitled to maternity daily allowance (DSA) if you are in any of the following :
- You have been affiliated with Social Security for at least 6 months as an employee
- You've worked at least 600 hours within the 12 months prior to your work stoppage. For example: for a work stoppage starting on 1er September 2023, you must have worked at least 600 hours between August 31, 2022, and August 31, 2023.
- You contributed during the 12 months prior to your work stoppage on the basis of remuneration at least equal to €23,385.60. For example: for a work stoppage starting on 1er september 2023, your remuneration was at least €23,385.60 between 31 August 2022 and 31 August 2023.
- You must stop working for at least 8 weeks during your maternity leave, including 6 after giving birth
Before August 20, 2023
You are entitled to maternity daily allowance (DSA) if you are in any of the following :
- You have been affiliated with Social Security for at least 10 months as an employee
- You've worked at least 600 hours within the 12 months prior to your work stoppage.
For example: for a work stoppage starting on 1er July 2023, you must have worked at least 600 hours between June 30, 2022, and June 30, 2023.
- You contributed during the 12 months prior to your work stoppage on the basis of remuneration at least equal to €23,385.60.
For example: for a work stoppage starting on 1er july 2023, your remuneration was at least equal to €23,385.60 between 30 June 2022 and 30 June 2023. - You must stop working for at least 8 weeks during your maternity leave, including 6 after giving birth
You are a Pôle emploi recipient
You are entitled to maternity daily allowance (DSA) if you are in any of the following :
- You receive unemployment benefits from Pôle emploi
- You've collected one in the last 12 months
- You have been out of paid employment for less than 12 months
It is the professional activity you pursued before your unemployment benefit that determines the allocation rules and the calculation of your IJ.
For a review of your entitlement to IJ during your maternity leave, please contact your CPAM: titleContent copies of your last 4 salary slips before the leave begins.
Other situation
Since August 20, 2023
You are entitled to maternity daily allowance (DSA) if you are in any of the following :
- You have been affiliated with Social Security for at least 6 months as an employee
- You worked in the 150 hours within 3 calendar months (or 90 days) of your work stoppage. For example: for a work stoppage starting on 1er july 2023, you must have worked at least 150 hours between 1er April and June 30, 2023
- You've worked at least 600 hours within the 12 months prior to your work stoppage. For example: for a work stoppage starting on 1er july 2023, you must have worked at least 600 hours between june 30, 2022 and june 30, 2023
- You contributed during the 6 months prior to your work stoppage on the basis of remuneration at least equal to €10,728.55. For example: for a work stoppage starting on 1er july 2023, your remuneration was at least equal to €10,728.55 between 1er January and June 30, 2023.
- You contributed during the 12 months prior to your work stoppage on the basis of remuneration at least equal to €23,385.60. For example: for a work stoppage starting on 1er july 2023, your remuneration was at least equal to €23,385.60 between 30 June 2022 and 30 June 2023.
- You must stop working for at least 8 weeks during your maternity leave, including 6 after giving birth
Before August 20, 2023
You are entitled to maternity daily allowance (DSA) if you are in any of the following :
- You have been affiliated with Social Security for at least 10 months as an employee
- You worked in the 150 hours within 3 calendar months (or 90 days) of your work stoppage. For example: for a work stoppage starting on 1er july 2023, you must have worked at least 150 hours between 1er April and June 30, 2023
- You've worked at least 600 hours within the 12 months prior to your work stoppage. For example: for a work stoppage starting on 1er july 2023, you must have worked at least 600 hours between june 30, 2022 and june 30, 2023
- You contributed during the 6 months prior to your work stoppage on the basis of remuneration at least equal to €10,728.55. For example: for a work stoppage starting on 1er july 2023, your remuneration was at least equal to €10,728.55 between 1er January and June 30, 2023.
- You contributed during the 12 months prior to your work stoppage on the basis of remuneration at least equal to €23,385.60. For example: for a work stoppage starting on 1er july 2023, your remuneration was at least equal to €23,385.60 between 30 June 2022 and 30 June 2023.
- You must stop working for at least 8 weeks during your maternity leave, including 6 after giving birth
The CPAM: titleContent pay per diem allowances (IJ), the amount of which shall be determined in accordance with the following calculation steps:
- Calculation of the basic daily wage : sum of the last 3 gross salaries received before the date of interruption of work, divided by a coefficient of 91,25.
- Maximum basic daily wage : The salary taken into account may not exceed the monthly social security ceiling in force on the last day of the month preceding the termination (either €3,666 per month in 2023, or €3,428 in 2022).
- Flat rate applied by CPAM : CPAM withdraws from this basic daily wage a flat rate of 21%.
- Minimum and maximum amount of JI : Amount cannot be less than €10.24 not greater than €95.22 per day.
A simulator allows you to estimate the amount of your IJs:
Calculate maternity or paternity daily allowance
Please note
Of treaty provisions may provide for more favorable conditions of compensation than those of Social Security, up to and including full maintenance of the salary.
JIs are paid every 14 days.
The conditions for dismissal or non-dismissal depend on the period of your leave.
During your maternity leave
The breach of your employment contract by your employer is not possible during all periods of suspension of your employment contract due to your maternity leave.
This protection applies even if you only partially use your leave entitlement.
You have so-called protection absolute : your employer cannot fire you even if gross negligence or an inability to maintain your employment contract.
After your maternity leave
Paid leave taken immediately after the end of maternity leave
Your employer cannot terminate your employment during the period of paid leave immediately after your maternity leave ends.
You have so-called protection absolute : your employer cannot fire you even if gross negligence or an inability to maintain your employment contract.
Period of 10 weeks after the end of maternity leave and paid leave taken immediately after the end of maternity leave
Your employer cannot fire you during 10 weeks which follow the end of your maternity leave or paid leave taken immediately thereafter.
You have so-called protection relative : dismissal is possible only in the case of gross negligence or if the employer is unable to keep the contract of employment for a reason foreigner to maternity (e.g. closure of the company).
Yes, you can resign during your pregnancy.
You must notify your employer by any means, orally or in writing. To prevent any dispute, it is best to inform your employer by letter with RAR: titleContent your willingness to resign.
The termination of the contract of employment shall then be effected immediately.
You don't need to respect a notice of departure.
However, conditions specific apply if you resign after you give birth.
You have to spend a return to work visit.
It must take place, within 8 days of your return to work.
It takes place in front of the occupational doctor on which your company depends.
The purpose of the return to work visit shall be to:
- Check that you are fit to return to work
- Check whether your workstation (or, if so, the reclassification station to which you are assigned) is compatible with your health
- Examine the proposals for fitting-out, adaptation of the position or reclassification made by your employer following the recommendations made by the occupational doctor
- Study the layout, adaptation of your position or your reclassification
- If necessary, issue a notice of unfitness
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. in the case of night work), the time required for the medical examinations shall then be paid as actual working time.
At the end of your maternity leave, you will return to your previous or similar job with at least equal pay.
You receive a salary increase equal to the individual increases received during your leave by employees in your occupational category or the average of the individual increases in the company.
Please note
The employee may enter the labor council (CPH) in the event of a dispute. An employer who fails to offer similar employment may be required to pay damages for unfair performance of the employment contract.
The duration of maternity leave shall be treated as a period of actual working time for the determination of your seniority rights.
You retain your rights to the profit-sharing if they exist in the company.
One maintenance is offered to you systematically by your employer upon your return to the company 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 the employee-employer relationship (no response on social security compensation)
Telephone administrative information - Allo Public ServiceThe informants who answer you belong to the ministry responsible for labor.
Cost: free service
Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
For information on social security compensation
Health insurance - 3646To obtain information about your rights and procedures, ask a question about your file, report a change of situation or consult your refunds.
By telephone
3646
Open from Monday to Friday.
Caution : schedules vary according to your department.
As a general rule, opening hours are at least from 8:30 am to 5 pm.
Free service + call price, from a fixed or mobile phone.
From Mayotte, dial 02 69 61 91 91, Monday to Thursday from 7:30 am to 2:30 pm, Friday from 7:30 am to 12 pm.
From the foreigner: +33 1 84 90 36 46 (toll free + call price).
To facilitate the answers, remember to bring your Vitale card.
By email and chat
Log in to your Ameli account : click on "My steps" and then "consult my exchange space".
You can also use ameliBOT. This chatbot can help you send an email. He can put you in touch with your health insurance fund.
Indeed, if at the end of 2 requests, ameliBOT does not provide you with a satisfactory answer, you can contact a health insurance advisor via the exchange area of the Ameli account.
For general information on the rights of employees who are pregnant or have children
Information Center on the Rights of Women and Families (CIDFF)
- Labor 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)
- Labor Code: Article D1225-4-1Information to the employer
- Labor Code: Articles R4624-29 to R4624-33Return to work visit
- Labor Code: Articles R4624-39 to R4624-41Conduct of the medical examination
- Labor Code: Article L1225-29Prohibition of prenatal and postnatal use
FAQ
- Can an employee resign during maternity leave?
- Can an employee breastfeed during working hours?
- Death of the mother during maternity leave: what consequences for the IJ?
- Hospitalization of the newborn: what impact on maternity leave?
- Income tax - How are work stoppage benefits taxed?
- Does a European national employed in France have the same rights as a French employee?
- Maternity leave in the public serviceService-Public.fr