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Dismissal of a pregnant or maternity worker

Verified 13 October 2021 - Directorate for Legal and Administrative Information (Prime Minister)

Pregnant employees on maternity leave and after birth are protected against dismissal. During maternity leave and during the period of paid leave taken immediately after maternity leave, she enjoys absolute protection. Dismissal is prohibited. Before and after these leaves, she has relative protection. The employer may dismiss her solely for serious misconduct or if he is unable to maintain the employment contract.

The employee cannot be dismissed because of her pregnancy. She is then protected against dismissal relative.

However, in certain cases, she may be dismissed.

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When the employer is not aware of the pregnancy

The employee is not protected against dismissal.

In order to benefit from the protection, the employee sends her employer a medical certificate proving the state of pregnancy and indicating the presumed date of childbirth.

This letter shall be sent by registered letter with notice of receipt within 15 days from the date of notification of dismissal.

Dismissal is possible only in the event of grave misconduct or if the employer is unable to keep the employment contract for a foreigner reason at maternity. For example, in the case of dismissal on grounds of incapacity and inability to retrain.

If there is no mention of any of these 2 grounds, the dismissal may be set aside by the judge.

If the employer is unable to maintain the contract of employment, the letter of dismissal must specify the reasons which make it impossible to do so.

When the employer becomes aware of the pregnancy

Dismissal is possible only in the event of grave misconduct or if the employer is unable to keep the employment contract for a foreigner reason at maternity. For example, in the case of dismissal on grounds of incapacity and inability to retrain.

If there is no mention of any of these 2 grounds, the dismissal may be set aside by the judge.

If the employer is unable to maintain the contract of employment, the letter of dismissal must specify the reasons which make it impossible to do so.

The employee may not be dismissed during maternity leave and the period of paid leave immediately thereafter. It has so-called protection absolute.

The employer may not terminate his employment contract even in the event of serious misconduct or inability to maintain the contract.

This protection applies even if the employee only partially uses her right to leave.

Example :

An employee who shortens her leave and returns to work 6 weeks after childbirth shall be fully protected until the end of the 10 weeks.

The employee is also protected during a work stoppage because of her medical condition of pregnancy certified by a medical certificate.

Maternity leave shall be increased by the duration of this condition up to 2 weeks before the expected date of delivery and up to 4 weeks after the date of delivery.

The duration of protection against dismissal is therefore correspondingly increased.

The employee remains protected against dismissal.

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If the employee is on paid leave at the end of the maternity leave

The employee may not be dismissed during the period of paid leave following the end of maternity leave. It has so-called protection absolute.

The employer may not terminate his employment contract even in the event of serious misconduct or inability to maintain the contract.

Other case

During the 10 weeks following the end of maternity leave or paid leave taken immediately thereafter, the employee shall be granted relative protection against dismissal.

Dismissal is possible only in the event of grave misconduct or if the employer is unable to keep the employment contract for a foreigner reason at maternity. For example, in the case of dismissal on grounds of incapacity and inability to retrain.

If there is no mention of any of these 2 grounds, the dismissal may be set aside by the judge.

If the employer is unable to maintain the contract of employment, the letter of dismissal must specify the reasons which make it impossible to do so.

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