To rest before the baby’s arrival and take care of it once it is born, all employed mothers benefit from several weeks of maternity leave. The terms of this leave are set by the labor code (1) and the social security code (2).

Duration of maternity leave

Maternity leave is divided into two periods: prenatal leave and postnatal leave, the length of which depends on the number of dependent children and the expected number of children.

In the event of a problem resulting from the pregnancy, the start of prenatal leave can be brought forward by a maximum of 2 weeks on prescription from the doctor. This is the “patho leave”.

In the event of pathology following childbirth, pathological leave of up to 4 weeks may be granted.

In the event of premature childbirth, the prenatal leave not taken is carried forward accordingly to the postnatal leave.

In the event of post-term delivery, prenatal leave is extended until delivery, and postnatal leave remains the same.

Finally, note: some collective agreements provide more favorable terms for maternity leave, so it is important to consult it as soon as the pregnancy is known.

Modify the dates of her maternity leave

Under certain conditions, it is possible to adjust the dates of her maternity leave. That is :

• by bringing it forward: the mother-to-be who already has two dependent children can, without any proof, bring forward the start of her prenatal leave by a maximum of 2 weeks. In the event of a twin pregnancy and regardless of the number of dependent children, this period increases to 4 weeks maximum. Postnatal leave will be reduced accordingly.
• by transferring part of the prenatal leave to the postnatal leave: if the pregnancy goes well, it is possible to delay the start of the prenatal leave by a maximum of 3 weeks in order to lengthen the postnatal leave accordingly. A request for postponement of maternity leave, accompanied by a medical certificate attesting to the possibility of continuing a professional activity, must be sent to the Health Insurance the day before the prenatal leave at the latest.

Maternity leave benefits

The future employed mother can receive daily allowances under certain conditions: justify at least 10 months of registration as a social insured, 150 working hours and stop at least 8 weeks. The amount of daily allowances (3) is calculated as follows:

(total of the last 3 gross salaries – 21%) / 91,25

 Monthly salaries are capped at € 3218 / month, i.e. a maximum daily allowance of € 83,58 per day. Note that some collective agreements provide for salary maintenance. It is possible to make an online simulation (4) of the amount of his daily allowances.

The case of maternity leave in Quebec

Future employed mothers benefit from an 18-week maternity leave beginning at the earliest 16 weeks before the DPA and to be distributed at their discretion before or after childbirth (5). The employer can agree to a longer maternity leave if the mother wishes. This leave is unpaid but under certain conditions, the Quebec Parental Insurance Plan (QPIP) can pay benefits up to 70% of income for the basic plan (6).