Night work of a pregnant employee
Verified 04 May 2023 - Legal and Administrative Information Directorate (Prime Minister)
To protect her health and that of her future child, a pregnant employee who is recognized as a night worker may be assigned to a day shift.
What procedure should the employee follow? Can the occupational doctor impose it on the employer? What happens if the employer does not have a day shift to offer? What is the impact of a reassignment on compensation?
We're doing an update on the regulations.
A night worker is an employee who performs:
- At least 2 times per week, according to his usual working hours, at least 3 hours of night work
- Or 270 hours at night over a reference period of 12 continuous months.
A collective agreement may contain different provisions.
The procedure differs depending on whether it is the wage earner or the occupational doctor upon request.
Application by the employee
A female employee enclosure recognized night worker may ask his employer, any time of her pregnancy, to be affected to a post of day.
The employee who has delivered shall be subject to the same provisions during the postnatal leave when it waiver to this one.
The employee must justify medically of her pregnancy. She must provide the employer with a medical certificate stating that she is pregnant.
There's no pitch of legal procedure imposed to request this assignment change. He is preferable to do so by written.
The employee can be assigned to the day shift during the duration of its pregnancy and during the period of statutory leave postnatal.
At the end of this assignment, the employee must find again his post initial.
FYI
the assignment of the employee to another establishment is only possible if it has given his agreement.
The change of assignment on the day shift of the pregnant woman or woman who has given birth shall not entail no decrease of his remuneration.
If the employer is in the impossibility to offer the employee a other item, he must inform him by written (as well as the occupational physician) and specify the reasons which prevent its reclassification.
In this case, the contract of employment is suspended until the start date of maternity leave and the female employee receives a guarantee of remuneration.
This remuneration guarantee shall be composed of
- of daily allowances paid by the primary health insurance fund (CPAM)
- and an additional burden on the employer, which may vary according to the collective agreement applicable in the company.
Estimating the estimated amount of per diem allowances is possible with a simulator:
Calculate maternity or paternity daily allowance
FYI
the remuneration guarantee shall not does not apply to employees working in domicile, to employees seasonal, intermittent and employees temporary.
Application by the occupational doctor
The pregnant employee may, at any time her pregnancy, ask consult the occupational doctor.
The occupational physician must record in writing that the position is incompatible with health status of the employee.
The employee is assigned to the day shift during the duration of its pregnancy.
This period may be prolonged during the period of leave postnatal when it waiver to this one.
If judged by the occupational physician necessary, the period of transfer from a night shift to a day shift may be prolonged one month from return from postnatal leave.
At the end of this assignment, the employee must find again his post initial.
FYI
the assignment of the employee to another establishment is only possible if it has given his agreement.
The change of assignment on the day shift of the pregnant woman or woman who has given birth shall not entail no decrease of his remuneration.
If the employer is in the impossibility to offer the employee a other item, he must inform him by written (as well as the occupational physician) and specify the reasons which prevent its reclassification.
In this case, the contract of employment is suspended until the start date of maternity leave and the female employee receives a guarantee of remuneration.
This remuneration guarantee shall be composed of
- of daily allowances paid by the primary health insurance fund (CPAM)
- and an additional burden on the employer, which may vary according to the collective agreement applicable in the company.
Estimating the estimated amount of per diem allowances is possible with a simulator:
Calculate maternity or paternity daily allowance
FYI
the remuneration guarantee shall not does not apply to employees working in domicile, to employees seasonal, intermittent and employees temporary.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The 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
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
Night work during pregnancy and postnatal leave of the employee