Death of the mother during maternity leave: what consequences for the IJ?
Verified 02 December 2021 - Directorate for Legal and Administrative Information (Prime Minister)
If the mother dies while on maternity leave, daily allowances (IJ) for maternity not yet paid by the CPAM: titleContent may be paid to the father of the child.
The right to compensation is also granted to the person who lived as a couple with the dead mother.
In order to receive the allowances, the father or person (employee, civil servant or self-employed person) who lived in a relationship with the deceased mother must cease his work.
The employee must inform his employer of the reason for his absence. He must also tell the employer the expected date of his return to work.
The employee must send the request for transfer of the allowances to the CPAM. He shall attach supporting documents to substantiate his position.
The request for leave is made using the cerfa form n°15411.
Allowances shall be paid for a maximum period equal to the duration of the current maternity leave.
The employee shall benefit from protection against dismissal in the event of maternity leave.
- Social Security Code: Articles L331-3 to L331-7Compensation by CPAM (Article L331-6)
- Social Security Code: Articles D331-3 to D331-5Compensation by CPAM (Article D331-5)
- Labor Code: Articles L1225-16 to L1225-28Obligations towards the employer (Article L1225-28)