What are the terms of postnatal maternity leave?

The conditions for receiving maternity leave

Maternity leave includes prenatal and postnatal leave. The first is taken before the expected date of delivery. After the baby is born, mothers are on postnatal leave, the duration of which varies according to the number of dependent children. Throughout the period of maternity leave, it is Social Security which pays the daily allowances. It is enough to justify 10 months as a social insured, on the presumed date of its delivery, and to have worked at least 200 hours during the 90 days preceding the beginning of the pregnancy.

Prenatal leave, postnatal leave: how long?

The duration of maternity leave is 16 weeksThe prenatal leave lasts 6 weeks before the expected date of delivery. Postnatal leave, meanwhile, is 10 weeks after childbirth. It is possible, with the favorable opinion of your doctor, to postpone part of the prenatal leave, the first 3 weeks, after childbirth. Postnatal leave then increases accordingly.

Special case: if the pregnant woman goes on sick leave during the period which is the subject of a postponement, it is canceled and the prenatal leave begins on the 1st day of the sick leave.

Upon the arrival of a third child (previously with two dependent children):

The duration of maternity leave is 26 weeks.

Le prenatal leave lasts 8 weeks before the expected date of delivery and the postnatal leave of 18 weeks after childbirth. It is possible, with the favorable opinion of the doctor, to postpone also under the same conditions as for the arrival of a first child, the first 3 weeks. Conversely, the mother can advance her prenatal leave (2 weeks maximum), the postnatal leave will then be reduced accordingly.

When twins arrive

Having twins extends maternity leave. In total, you are entitled to 34 weeks. Prenatal leave lasts 12 weeks before the expected date of delivery and postnatal leave 22 weeks after childbirth.

When triplets (or more) arrive

The duration of maternity leave is 46 weeks in all for a multiple birth, i.e. 24 weeks before the expected date of delivery and 22 weeks after childbirth.

Once again, it is possible for the mother to postpone part of her prenatal leave (3 weeks maximum) after her childbirth, as in the particular cases above.

Length of postnatal maternity leave: special cases

• Breastfeeding and maternity leave

Social security does not provide for specific maternity leave for breastfeeding. Breastfeeding mothers resume their work according to the legal duration of postnatal maternity leave. No extension is provided for by the health insurance, it is the collective agreements within the company which may possibly provide for this type of provision.

The labor code, for its part, authorizes breastfeeding on time and in the workplace for one year (article L.1225-30). In accordance with the law, the mother has one hour per day during her working hours to breastfeed her child.

• Medical condition during pregnancy

If the future mother suffers from a pathology during her pregnancy, an additional two-week leave period (14 consecutive days maximum or not) can be granted before the start of prenatal leave and on medical prescription. This so-called pathological leave is prescribed as soon as the declaration of pregnancy has been made.

• If the birth goes badly

or for any pathological condition resulting from the birth of the baby, and only on medical prescription: postnatal pathological leave is 4 weeks, following the legal weeks of postnatal maternity leave.

These additional leaves are maternity (not sick) leave.

• Interrupted pregnancy

In the event that the pregnancy must be terminated, the expectant mother may nevertheless benefit from maternity compensation for the duration of the observed rest. This compensation is paid under certain conditions:

if the termination of pregnancy occurs from the twenty-second week of amenorrhea ;

if it occurs before but the child’s birth weight is at least 500 grams.

• Premature delivery

When the childbirth arrives prematurely, before the due date therefore, the total duration of maternity leave is not reduced : the days of prenatal leave not taken are postponed after childbirth.

• Premature delivery and hospitalization of the baby

Moms, who give birth more than 6 weeks before the due date, or when the baby requires hospitalization in neonatology, also benefit from an additional period of maternity leave. This period corresponds to the number of days between the actual date of delivery and the start of prenatal leave.

Another special case: in the event of the death of the child before the start of prenatal leave, the mother is still entitled to receive compensation for the entire period.

• Late delivery

In the event of childbirth well after the due date, the prenatal leave is extended until the date of delivery. On the other hand, the length of postnatal leave remains the same.

• Hospitalization of the child

In the event of hospitalization of the child beyond the 6th week after birth, mother can go back to work and postpone the remainder of his postnatal leave to the end of this hospitalization.

• Death of the child or mother

In the event of the death of the child, the mother can benefit from all of her postnatal leave. In the event of the mother’s death due to childbirth, the father can benefit from postnatal leave and receive daily allowances in place of the deceased.

This postnatal leave begins on the date of delivery.

Its duration is fixed at:

10 weeks in the event of the birth of a child and if, following this birth, the father has one or two dependent children. 18 weeks in the event of the birth of a child and if, following this birth, the father has at least three dependent children. 22 weeks in the event of a multiple birth, regardless of the number of dependent children.