Working in France - Leave: Sickness, Maternity

MATERNITY LEAVE

You are entitled to a minimum of sixteen weeks’ leave: six weeks before the estimated delivery date and ten weeks afterwards.

From the third child on, you are entitled to twenty-six weeks (eight weeks before and eighteen weeks afterwards), provided that you, or your household, already have two dependent children and that you have already given birth to two viable children.

In the event of the birth of twins, the maternity leave is twelve weeks before the estimated delivery date and twenty-two weeks afterwards.

The twelve weeks of prenatal leave can be increased by four weeks, with the twenty-two weeks of postnatal leave then being reduced accordingly.

In the event of the birth of three or more babies, the maternity leave is twenty-four weeks before the estimated delivery date and twenty-two weeks afterwards.

If you give birth after the estimated date, your prenatal rest period is thereby extended, but your postnatal leave is not reduced.

In the event of premature delivery, your prenatal leave is shortened. The days you did not receive before delivery are postponed to postnatal leave.
The total duration of the leave is not, therefore, changed.

In the event of illness linked to the pregnancy or to the delivery, the leave may be extended on the basis of a medical prescription:

• by two weeks before the estimated delivery date, during which the beneficiary receives daily maternity allowances;
• and by four weeks after this date. The insured person then receives daily sickness benefit.

You must stop working for at least eight weeks, six of which must be after the delivery.

You can decide to cut short your maternity leave within these limits.

During maternity leave, you will be paid by your social security organisation.

Some collective agreements provide for continued payment of salary by the employer.

PATERNITY LEAVE IN THE EVENT OF BIRTH

Paternity leave is available to all fathers who are employees (regardless of their employment contract) and to all participants in continuing vocational training (whether paid by the Government or the region; they must be affiliated with the social security scheme).

It is also available, subject to adjustments, to civil servants, the military, non-salaried agricultural and non-agricultural workers and members of the liberal professions.

Paternity leave is eleven consecutive days in the case of the birth of a single baby, and eighteen days in the case of multiple births, starting from the birth of the child.

The leave cannot be split up. It can be cumulated with the three days’ leave granted on the birth of a child.

Leave must be taken within four months after the birth of the child. However, the father has the option of postponing this leave in two cases:

• the hospitalisation of the child;
• the death of the mother.

Employees must inform their employer at least one month in advance and state the date when they will return to work.

Paternity leave is paid by the social security scheme.

During paternity leave, the employment contract is suspended and the employee receives daily social security allowances. These allowances are subject to the CSG (supplementary contribution in aid of the underprivileged) and to the CRDS (social security repayment contribution).

STOPPING WORK DUE TO ILLNESS

When consulting your doctor due to an illness, the doctor may decide to prescribe sick leave.
To this end, he fills in a sick leave form (form Cerfa No 10170, provided by health insurance bodies), which you must then fill in, before sending it within the prescribed period to the social security scheme and to your employer.

Send sections 1 and 2 of the sick leave form you doctor has given to you to your social security body within 48 hours of the date of the prescription to stop work.
Send your employer, or the ANPE office in the case of unemployment allowances, section 3 of the sick leave form, also within 48 hours.

You must also comply with certain rules:

• stop working while you are receiving sickness benefits;
• comply with the times for going out authorised by the doctor: from 10.00 to 12.00 hours, and from 16.00 to 18.00 hours (including Saturday, Sunday and public holidays).

Other rules

The health insurance organisation may carry out checks at your home. So if you wish to stay elsewhere, you must obtain prior authorisation from your doctor.

For further information, contact:

• the staff representatives or a trade union organisation;
• the Departmental Directorate for Labour, Employment and Vocational Training (DDTEFP);
• the primary health insurance fund (CPAM);
• the National Centre of Information and Documentation for Women and Families (CNIDFF).

Text last edited on:01/09/2003
Source: European Union
© European Communities, 1995-2007
Reproduction is authorised.