Maternity leave for a private sector employee

You are automatically granted maternity leave, partly before you give birth (said leave prenatal) and partly after you give birth (said leave postnatal).

Maternity leave is mandatory. It is strictly forbidden to give it up completely.

During the period of maternity leave, the employment contract is suspended.

Inform the employer

You must notify your employer by letter with RAR: titleContent or delivery against receipt.

Your letter specifies the reason for your absence and the expected start and end dates of your maternity leave.

Your declaration must be accompanied by a certificate established by the doctor or midwife following your pregnancy.

This certificate attests to your state of pregnancy and specifies presumed date of childbirth.

Inform the FCA if you are dependent on the general plan

You make your declaration of pregnancy with your CPAM: titleContent and Caf during the First 14 weeks of your pregnancy.

Your declaration must be accompanied by a certificate established by the doctor or midwife following your pregnancy.

This certificate attests to your state of pregnancy and specifies presumed date of childbirth.

Inform the MSA if you are dependent on the farm plan

You make your declaration of pregnancy with the MSA: titleContent during the First 14 weeks of your pregnancy.

Your declaration must be accompanied by a certificate established by the doctor or midwife following your pregnancy.

This certificate attests to your state of pregnancy and specifies the presumed date of delivery.

The length of maternity leave varies depending on whether you are expecting one or more children.

You can request to advance the start of your prenatal leave under the following conditions:

• or in case of birth of a 3^e child, up to 2 weeks
• or in the case of multiple births, within the limit of 4 weeks.

If prenatal leave is advanced, postnatal leave is reduced by the same amount.

To advance part of your prenatal leave, you must obtain the favorable opinion of the health professional who follows your pregnancy.

You must apply to your health insurance fund for an advance of prenatal leave.

You do not have to obtain the agreement of your employer.

You can ask to shift part of your prenatal leave to your postnatal leave.

You can reduce your prenatal leave for up to 3 weeks. Your postnatal leave will then be increased by these 3 weeks.

To postpone part of your postnatal leave, you must obtain the favorable opinion of the health professional who follows your pregnancy.

You must send the following documents to your health insurance fund:

• Request for postponement of maternity leave
• Medical certificate certifying that your state of health allows you to prolong your professional activity before birth

Your request must be made no later than 1 day before the date of leave originally scheduled.

You do not have to obtain the agreement of your employer.

In case of illness due to your pregnancy or the aftermath of your childbirth, the duration of your maternity leave is increased within the following limits:

• 2 weeks before the presumed date of delivery,
• 4 weeks after childbirth.

You must send your request to your health insurance fund

Your application must be accompanied by a certificate issued by the doctor or midwife following your pregnancy.

This certificate attests to your medical condition and specifies the expected duration.

The total duration of your maternity leave remains the same: the prenatal leave is shortened and the postnatal leave is lengthened accordingly.

However, a period extra rest is provided for:

• if your child is born more than 6 weeks before the expected date
• and that his hospitalization is mandatory.

In this case, maternity leave shall be extended for a period equal to the number of days between the actual date of delivery and the date of commencement of the prenatal leave originally planned.

Prenatal leave is extended until the actual date of your birth, without the postnatal leave being reduced.

Provision is made in the event of hospitalization of your child at birth:

• If the delivery occurs more than 6 weeks before the scheduled date and requires hospitalization of your child, you benefit from an additional period of maternity leave.
  The duration of this additional period shall be equal to the number of days between birth and the expected start date of the prenatal leave.
  This period cannot be postponed until the child is hospitalized.
  You automatically benefit from this extension upon presentation to your health insurance fund any document attesting to the duration of the child's hospitalization.
• If the child remains hospitalized more than 6 weeks after birth, you can request to return to work and to postpone the unused period of postnatal leave until the end of the child's hospitalization.
  Your application must indicate the date of interruption of maternity leave and the duration of the leave being carried over.
  It must be accompanied by the documents justifying the hospitalization of the child and sent to your health insurance fund.
  You cannot be denied this leave postponement.

Provision is made in the event of the death of the child at birth:

• In the event of the death of the child after his birth, you keep your postnatal leave
• In case of death related to a premature birth, you are entitled to maternity leave in full if the child is born viable. The viability threshold is 22 weeks of amenorrhea or if the fetus weighed at least 500 grams.

If the child is not born viable, you are placed on sick leave.

You send your request to the CPAM: titleContent or to theMSA: titleContent.

In the event of the death of the mother after the birth of the child, the father may apply for postnatal leave for the remaining period and postpone his paternity leave until the end of the postnatal leave.

If the father of the child does not apply for postnatal leave for the remaining period, such leave may be granted to the person who lived as a couple with the mother, if she asks.

Leave cannot be denied to the father or to the person who lived in a relationship with the mother.

The request for leave is made using the cerfa form n°15411.

Claim for compensation for maternity leave remaining due following the death of the mother of a newborn

The form is to be transmitted to the employer.

During your maternity leave, your employment contract is suspended.

You do not receive your salary during this period.

However, you are entitled to the daily allowance (JI) for maternity according to your personal situation.

The CPAM: titleContent pay daily subsistence allowance (DSA), the amount of which shall be determined in accordance with the following calculation steps:

• Calculation of basic daily wage : sum of the last 3 gross salaries received before the date of interruption of work, divided by a coefficient of 91.25.
• Maximum basic daily wage : The salary taken into account may not exceed the monthly social security ceiling in force on the last day of the month preceding the cessation (either €4,005 by month in 2026 or €3,925 in 2025).
• Flat rate applied by CPAM : CPAM withdraws from this basic daily wage a flat rate of 21%.
• Minimum and maximum amount of JI : the amount cannot be less than €11.12 or greater than €104.02 per day.

One simulator allows you to estimate the amount of your IJ:

Calculate the daily maternity or paternity and childcare allowances

YIs are paid every 14 days.

The conditions of dismissal or non-dismissal depend on the period of your leave:

Yes, you can resign during your pregnancy.

You must notify your employer by any means, either orally or in writing. To prevent any dispute, it is best to inform your employer by letter with RAR: titleContent of your willingness to resign.

The termination of the employment contract then takes place immediately.

You do not need to respect a notice of departure.

However, conditions specific apply if you resign after you give birth.

At the end of your maternity leave, you return to your previous job or a similar job with at least equivalent pay.

You receive a salary increase equal to the individual increases received during your leave by employees in your professional category or the average of the individual increases in the company.

The duration of maternity leave shall be treated as a period of actual working time for the determination of your seniority rights.

You retain your rights to profit-sharing if they exist in the company.

One maintenance is offered systematically by your employer upon your return to the company for your professional orientation.

If you wish, you can breastfeed during your working hours.

When does the employee have to take the return visit after his/her stop?

The employee must pass a return-to-work visit.

It must take place, no later than 8 days after resuming work.

It takes place in front of the occupational doctor on whom the company depends.

How is the employee invited to his/her return visit?

The employer contacts the occupational health service to set the date and time of the return visit.

Once fixed, the employee is usually informed in writing (mail or email).

What are the steps of the return-to-work visit?

The purpose of the return-to-work visit is to:

• Check that the employee is fit to return to work
• Check whether the work station (or, if so, the reclassification station to which the employee is assigned) is compatible with his state of health
• Review proposals for accommodation, job adjustment or reclassification made by the employer following recommendations made by the occupational physician
• Study the layout, adaptation of the position or reclassification of the employee
• Issue, if necessary, a Notice of Incapacity.

The return-to-work visit takes place during working hours.

What happens if the return visit cannot take place during working hours?

If the return-to-work visit cannot take place during working hours (e.g. night work), the time required for medical examinations is then paid as actual working time.

What are the employee's rights regarding remuneration during the return visit?

Absence shall be paid under the usual conditions, i.e. as actual working time.