Night work of a pregnant employee
Verified 29 May 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)
A pregnant employee who is recognized as a night worker can be assigned to a day shift to protect her health and that of her future child. What is the procedure to be followed by the employee? We're taking a look at the regulations.
A night worker is an employee who performs:
- At least Twice a week, according to his usual working schedule, at least 3 hours of night work
- Or 270 hours at night over a reference period of 12 continuous months.
One collective agreement may provide for different night working conditions.
The procedure for assignment to a day job differs depending on whether it is there employee or the occupational physician who request it.
By the employee
An employee pregnant recognized night worker may ask his employer to be assigned to a post of day at any time during her pregnancy.
FYI
The employee who has delivered shall benefit from the same provisions during the postnatal period of maternity leave when renounce to a part of it.
The employee must medically justify of her pregnancy. It must send the employer a medical certificate stating that she is pregnant.
There is no legal procedure imposed to apply for this change of assignment. However, it is preferable to do so by written.
The employee can be assigned to the day shift during the duration of its pregnancy and during the postnatal period of maternity leave (period after delivery).
At the end of this assignment, the employee must find his position initial.
FYI
The assignment of the employee in another establishment is possible only whether it has given its consent.
The change of assignment on a day shift of the pregnant woman or woman who has given birth does not entail no decrease of his remuneration.
Example :
If the employee receives an increase of 20% for night work, she must continue to receive it even if she works by day during her pregnancy.
If the employer is in the impossibility to offer the employee a other position, it must inform him by written as well as the occupational physician. This information must specify the reasons which prevent his reclassification.
In this case, the employment contract is suspended until the start date of the maternity leave and the employee benefits from a guarantee of remuneration.
This remuneration guarantee is composed of the following elements:
- Daily allowances paid by the CPAM: titleContent
- And a supplement to be paid by the employer, which may vary according to the collective agreement applicable in the company.
It is possible to estimate the estimated amount of daily allowances with a simulator:
Calculate the daily maternity or paternity and childcare allowances
FYI
The guarantee of remuneration shall not does not apply to employees working from home, to employees seasonal, intermittent and employees temporary.
By the occupational physician
The pregnant employee may, at any time of her pregnancy, ask to consult the occupational physician.
The occupational physician must record in writing that the position is incompatible with the employee's state of health.
The employee is assigned to the day shift during the duration of its pregnancy.
This period may be prolonged during the postnatal period of maternity leave when renounce to this one.
If the occupational physician judges so necessary, the period of transfer from a night shift to a day shift may be extended by 1 month from return from postnatal leave.
At the end of this assignment, the employee must find his position initial.
FYI
The assignment of the employee in another establishment is only possible whether it has given its consent.
The change of assignment on the day shift of the pregnant woman or having given birth does not result in no decrease of his remuneration.
If the employer is in the impossibility to offer the employee a other position, it must inform him by written as well as the occupational physician. This information must specify the reasons which prevent his reclassification.
In this case, the employment contract is suspended until the start date of the maternity leave and the employee benefits from a guarantee of remuneration.
This remuneration guarantee is composed of the following elements:
- Daily allowances paid by the CPAM: titleContent
- And a supplement to be paid by the employer, which may vary according to the collective agreement applicable in the company.
It is possible to estimate the estimated amount of daily allowances with a simulator:
Calculate the daily maternity or paternity and childcare allowances
FYI
The guarantee of remuneration shall not does not apply to employees working from home, to employees seasonal, intermittent and employees temporary.
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Night work during pregnancy and postnatal leave