Dismissal of a pregnant employee or on maternity leave
Verified 18 September 2026 - Public Service / (Prime Minister)
An employee who is pregnant or on maternity leave is protected against dismissal. During maternity leave and during leave with pay taken immediately after such leave, the employer has the prohibition to fire her. The employee benefits from a so-called protection absolute. Outside these periods, the employer may dismiss the employee, but only for certain reasons. It then benefits from so-called protection relative. We're taking stock of the regulations.
It exists 2 periods relative protection against dismissal.
1re period
Relative protection begins as soon as the employee has informed her employer of her pregnancy.
This 1re This period ends when the employee begins her maternity leave.
2nde period
The relative protection is 10 weeks. It begins:
- Either at the end of maternity leave
- Either at the end of the paid leave taken immediately after maternity leave if they exist.
Please note
The employee also enjoys relative protection against dismissal during the 10 weeks later a spontaneous termination of pregnancy (miscarriage) medically observed. It must have taken place between the 14the and the 21e week ofamenorrhea included.
Yes during these periods, dismissal is possible, although limited.
The employer will have to prove a gross misconduct or a inability to keep the employment contract on grounds foreigner to maternity (permanent closure of the company for example).
If the employer is unable to maintain the employment contract, the letter of dismissal must must specify the reasons which make this maintenance impossible.
Please note
The father of the child also benefits, in his company, from relative protection against dismissal.
During her maternity, the employee is granted a period of protection absolute against dismissal.
This period covers the entire maternity leave, that the employee use or not of this leave.
The period of absolute protection against dismissal also covers a work stoppage related to the pathological condition of pregnancy attested by a medical certificate.
The pathological condition may be before the presumed date of childbirth or after childbirth, or both.
The duration of maternity leave is then increased. This increase is limited to 2 weeks before and 4 weeks after.
Absolute protection covers all of the following periods:
- Maternity leave
- Stoppage of work due to a medical condition before maternity leave within the limit of 2 weeks
- Work stoppage due to a medical condition after maternity leave within the limit of 4 weeks.
Absolute protection also applies during paid leave taken immediately after maternity leave (possibly increased by pathological leave).
Noduring maternity leave and the full period of absolute protection, the employer cannot dismiss the employee, whatever the motive.
However, it is possible, if the employer and the employee agree, to terminate the contract by conventional rupture.
Please note
During this period, the employer cannot summon the employee to a pre-dismissal interview.
Pregnant employees are not obliged to inform their employer of their condition.
However, in order to benefit from protection against dismissal, this information is essential.
Approaches for this information differ depending on whether the employer already has notified dismissal or not.
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General scenario
To benefit from protection against dismissal, the employee sends her employer a medical certificate justifying her state of pregnancy. The certificate shall state the presumed date of delivery.
This letter is sent by registered letter with acknowledgement of receipt.
Please note
Since it is indisputable that the employer was aware of the employee's pregnancy status, the protection against dismissal applies.
The employer notified the dismissal without knowing that the employee was pregnant
It is possible that a dismissal could be pronounced against the employee when she had not yet informed her employer of her pregnancy.
In this case, she can send him a medical certificate justifying this condition. The certificate shall state the presumed date of delivery.
To obtain the cancelation of the dismissal by the employer, this letter must imperatively be sent in the 15 days which follow the notification of dismissal.
After this period, the employee can no longer assert this right.
The mail is sent by registered letter with acknowledgement of receipt or delivered against receipt.
Example :
The dismissal is notified to the employee on March 19. The employee has until April 3 inclusive to send the mail.
FYI
The dismissal shall not be canceled if the ground for dismissal is a gross misconduct or an inability to maintain the contract.
When the employer dismisses the employee without respecting the periods of protection, the dismissal is canceled. The employee must enter the labor court council.
If the employee so requests, she is reinstated in the company, except where this is impossible (in the event of the company's cessation of activity, for example).
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Administrative information by telephone - Allô Service Public
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The informants who answer you belong to the ministry responsible for labor.
Maternity-related protection
Medical certificate of the pregnant woman