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Who can benefit from pathological leave?
Dance in the event of a pathological condition linked to your pregnancy, your doctor may prescribe a medical certificate allowing you to benefit from two more weeks (14 consecutive days or not) before your prenatal leave. This so-called pathological leave can be prescribed to you as soon as you declare pregnancy. If you have a health problem related to your childbirth, also on medical justification, you may be granted four more weeks after your postnatal leave.
The length of maternity leave for a premature birth
If you give birth prematurely, the duration of your maternity leave remains the same, on the other hand the period of prenatal leave from which you have not benefited is postponed to the end of your postnatal leave. For a premature delivery of more than six weeks and requiring hospitalization in an establishment with a neonatal structure or neonatal resuscitation, your leave is extended by an additional period equal to the number of days between the date of your delivery and the date of your initially planned prenatal leave.
My maternity leave if I give birth after the term or in the event of termination of pregnancy
You give birth after the due date : in this case, your prenatal leave continues until the date of your delivery, the duration of your postnatal leave remains the same, the leave starting on the actual date of delivery.
Your pregnancy is terminated : if, after declaring your pregnancy to your Primary Health Insurance Fund, it stops or must be interrupted for a medical reason, you continue to benefit from maternity compensation for the duration of your maternity leave. Two conditions, however: the termination of pregnancy must occur from the 22nd week of amenorrhea. If it occurs before, the weight of the child at birth should be at least 500 grams.
In the event of hospitalization, is my maternity leave extended?
Yes, after birth, the baby is hospitalized beyond its sixth week, you can, if you wish, return to work before the due date. This choice allows you to defer the rest of your maternity leave if you prefer to enjoy it when your baby is home. Concretely, by resuming your work after the compulsory postnatal leave of 6 weeks, you will have left if it is your first child, four weeks off.
The law also provides some arrangements :
- a cas de death of the child : the law provides for the mother’s right to take all of her postnatal leave;
- a cas de mother’s death : if the cause is linked to childbirth, the father can benefit from the mother’s postnatal leave, provided that he ceases his professional activity. The leave begins from the date of delivery with a duration of 10 weeks if the birth brings the number of children in his charge to 2, 18 weeks if he now has 3 dependent children and 22 weeks in case of multiple births.
Le paternity leave can be taken at the end of the postnatal leave. If the child remains hospitalized beyond the 6th week, the dad can choose to return to work and keep the remainder of his postnatal leave when the child is discharged from the hospital.
Maternity leave: its duration still at the heart of the debates Although it has evolved positively since its inception in terms of time and flexibility, there are many women who would like to see even longer the duration of maternity leave, in order to benefit more from their baby (more than the minimum sixteen weeks granted to them). It is true that when giving birth to a first child, having to leave your two and a half month old baby at the nanny or the nursery is for many working mothers a real heartbreak. Policies are also involved in the length of maternity leave and the subject was still debated in the European Parliament two years ago. Unfortunately, the pthe law to extend its duration to 20 weeks in Europe was rejected by a majority of the social affairs ministers of the member states. The debate is not for all that buried! Discussions return regularly to the subject in France and in the European Parliament, but to date the duration remains unchanged. |