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Pregnancy and labor
Inform your employer
The law does not impose any time limit for a pregnant woman to inform her employer of her pregnancy. Doing this early enough – generally after the first trimester – however allows the employee to benefit from the provisions of the Labor Code relating to maternity, as well as those possibly provided for in her collective agreement. On the relational level, it is also a pledge of good employee / employer understanding, and doing it relatively early allows each party to organize themselves as well as possible for maternity leave.
It is advisable to make this announcement in writing with a registered letter with acknowledgmentÌ ?? receipt or hand delivery against discharge. It must be accompanied by a medical certificate of pregnancy specifying the expected date of delivery.
Protecting pregnant women at work
Articles L1225-1 to 6 of the Labor Code (2) provide various provisions to protect the employee during her pregnancy.
- hiring protection: if the candidate is pregnant, she is not obliged to reveal her condition to her future employer, unless she asks to benefit from legal provisions relating to the protection of pregnant women. The employer is also prohibited from seeking any information concerning the candidate’s pregnancy status. Likewise, pregnancy cannot be a reason for terminating the trial period (articles L1225-1 and L1225-2);
- protection against dismissal: the state of pregnancy cannot be a reason for termination of the contract, except in the event of serious misconduct on the part of the employee but not linked to her state of pregnancy or in the event of the impossibility of maintaining a contract but of which the reason must be unrelated to pregnancy or childbirth (dismissal for economic reasons, for example) (article L1225-4). Likewise, the employer cannot terminate the contract during the four weeks following the birth of the child (article L1225-4-1);
- the right to resign: a pregnant employee can terminate her employment contract without notice and without owing termination indemnities (article L1225-34);
- job adaptation: a pregnant employee may be temporarily assigned to another job, at her own initiative or that of the employer, if her medically determined state of health so requires (article L1225-7);
- the assurance of returning to work on return from maternity leave (article L1225-8);
- leave of absence: pregnant women can attend compulsory pregnancy and childbirth medical examinations during their working hours, without any reduction in pay. The salaried journeyman also benefits from this leave of absence (article L 1225-16);
- paid maternity leave.
Pregnancy and labor: benefits and dangers
Various studies have shown that women who have a professional activity during their pregnancy have a lower risk of pregnancy complications (including prematurity) than those who do not have a professional activity.
However, certain working conditions are recognized as being at risk for pregnancy: standing work, carrying loads, working on industrial machinery, arduous working positions, long working hours. The professions exposed are female workers, service people, commercial employees and hospital staff (3).
A Dutch study (4) which followed 4680 women between 2002 and 2006 showed that pregnant women working more than 40 hours per week gave birth to children weighing an average of 148 to 198 g, compared to that of newborns of mothers working less than 25 hours. Prolonged standing is also said to be detrimental to the baby’s development. The study showed that the head circumference of babies of mothers working standing was 1 cm smaller than the average, a sign of significant growth retardation.
Professional activity and its possible arduousness must therefore always be taken into account during pregnancy by the gynecologist or midwife ensuring the pregnancy follow-up, or the occupational physician. A workstation adjustment, or even a work stoppage, must be considered if the continuation of professional activity represents a threat for the pregnancy. The future mother for her part must be attentive to the signs of her body – contractions, back pain, stomach ache, intense fatigue – and know how to take care of herself accordingly.
Pregnancy and work: sometimes difficult to reconcile
For many women, being pregnant at work is not easy. As evidenced by this survey (5) carried out in 2015 by Odoxa / PremUp, which reveals that for 70% of women aged 25 to 34, reconciling work and pregnancy was difficult. For this reason, 21% hid their pregnancy as long as possible from their employer, considering that a pregnant woman at work is not always well regarded.
Pregnancy and work: tips for everyday life
- in the event of long journeys, ask your employer to adapt their working hours to avoid rush hour;
- provide a small snack in case of nausea of pregnancy;
- provide a cushion for the back and a small stool for the feet in order to adapt your sitting position and avoid back pain;
- always have a bottle in order to hydrate regularly;
- make regular movements and stretches when standing or sitting for a long time;
- if possible, take a 15-minute “flash” nap after lunch.