You have just found out that you are pregnant. This is very good news for you and your spouse! We are delighted and send you our sincere congratulations.

But you may not have taken the time to find out about your maternity leave yet. That is why we have gathered here all the information that will be useful to you.

First of all, you are not obliged to inform your employer of your pregnancy before you go on maternity leave, even when you are hired (including on fixed-term contracts). Thus, you can announce it when you wish orally or in writing. However, to benefit from all your rights, you must present proof of pregnancy.

But it is safer to wait for the first 3 months, because the risk of miscarriage is higher during this first trimester. It's like for those around you, it's better to wait a bit and keep your joy with your spouse.

Then, concretely, how will it happen ?

Once you have announced and justified your pregnancy, you are authorized to be absent for the compulsory medical examinations. (Please note that childbirth preparation sessions are not considered compulsory). This is part of your working hours. But, for the proper functioning of the company, it is perhaps advisable that the 2 parties agree.

The schedules remain the same, even if you work at night, but by discussing with your employer, arrangements are possible, especially when you are progressing in your pregnancy and you are tired. On the other hand, you should no longer be exposed to toxic products. In this case, you can request a job change.

But the law does not provide for anything if you work standing up! You then have the possibility of discussing it with the occupational physician who will judge whether you are fit to continue your duties.

How long is maternity leave ?

You will therefore be entitled to maternity leave which will allow you to prepare for the arrival of your child. This period is around the expected date of your delivery. It is broken down into 2 stages: prenatal leave and postnatal leave. In principle, here is what you are entitled to:

 

KID PRENATAL LEAVE POSTNATAL LEAVE TOTAL
For the first child 6 weeks 10 weeks 16 weeks
For the second child 6 weeks 10 weeks 16 weeks
For the third child or more 8 weeks 18 weeks 26 weeks

 

Through your gynecologist, you will be able to get an additional 2 weeks before delivery and 4 weeks after.

If the birth takes place before the expected date, this does not change the duration of your maternity leave. It is the postnatal leave that will then be extended. Similarly, if you give birth late, postnatal leave remains the same, it is not reduced.

What will your compensation be during your maternity leave? ?

Of course, during your maternity leave, you will receive an allowance which will be calculated as follows:

The daily allowance is calculated on the wages of the 3 months preceding your maternity leave or of the 12 preceding months in the event of seasonal or non-continuous activity.

Social security ceiling

Your wages are taken into account within the limit of the monthly social security ceiling for the current year (i.e. 3 €428,00 as of January 1, 2022). They can also be considered for the 12 months preceding your maternity leave if you have a seasonal or temporary activity.

Amount of the maximum daily allowance

As of January 1, 2022, the maximum amount of the daily maternity allowance is €89,03 per day before deduction of 21% charges (CSG and CRDS).

These indemnities will of course be paid under certain conditions:

  • You have been insured for at least 10 months prior to your pregnancy
  • You have worked at least 150 hours in the 3 months preceding your pregnancy
  • You have worked at least 600 hours during the 3 months preceding your pregnancy (temporary, fixed-term or seasonal)
  • You receive unemployment benefit
  • You have received unemployment benefit in the last 12 months
  • You have stopped working for less than 12 months

We recommend that you check with your employer for the collective agreement on which you depend who can supplement these allowances. Similarly, it is useful to see with your mutual to know the different amounts to which you are entitled.

If you are an intermittent performer, you must refer to the same conditions as employees on fixed-term, temporary or seasonal contracts. Your indemnity will be calculated in the same way.

And for the liberal professions ?

As for employees, you must have contributed for at least 10 months at the expected date of your birth. In this case, you will be able to benefit from:

  • A flat-rate maternal rest allowance
  • Daily allowances

Maternal rest allowance is due to you if you stop working for 8 weeks. The amount is 3 euros on 428,00er January 2022. Half will be paid at the start of your maternity leave and the other half after delivery.

Then you can claim daily allowances. They will be paid on the day of your cessation of activity and for a minimum of 8 weeks, including 6, after childbirth.

The amount is calculated according to your URSSAF contribution. It cannot be higher than 56,35 euros per day.

You should also check with your health insurance provider who will inform you of your additional rights.

You are a collaborating spouse 

The status of collaborating spouse corresponds to a person who works with his spouse, but without receiving a salary. However, she still contributes to health insurance, retirement, but also unemployment. The calculation bases are identical to those of the liberal professions.

women farmers

Of course, you too are affected by maternity leave. But it is the MSA (and not the CPAM) that supports you during this period. If you are an operator, your maternity leave begins 6 weeks before your expected date of delivery and continues 10 weeks after.

Then your MSA will pay for your replacement. It is she who sets the amount and pays it directly to the replacement service.

However, you can hire your replacement yourself, the allowance will then be equal to the wages and social charges of the employee within the limit set by the agreement.