Collective agreements: do you have to pay a variable bonus to an employee on maternity leave?

Collective agreements: what remuneration for employees on maternity leave?

Maternity leave has an impact on the employee's remuneration. In this regard, the applicable collective agreement may require the employer to maintain his salary.

The question then arises as to which elements of salary should be maintained during this period, and in particular bonuses and other gratuities.

Here, everything depends on the nature of the premium. If it is a bonus whose payment is linked to a condition of presence, the absence of the employee on maternity leave authorizes the employer not to pay it to her. One condition, however: all absences, whatever their origin, must result in the non-payment of this bonus. Otherwise, the employee could invoke discrimination because of her pregnancy or her maternity.

If the payment of the bonus is subject to the performance of a certain work, again, the employer may not pay it to the employee on maternity leave. Be careful though, because the judges are strict on the matter.

Thus, the premium must:

be subject to the active and effective participation of employees in certain activities; to respond to…