Death of the mother during maternity leave: what consequences on the payment of daily allowance (DSA)?

If the mother dies during her maternity leave (regardless of the cause of death), daily allowances (IJ) for maternity who have not yet been paid by the CPAM: titleContent (or the MSA: titleContent if the mother depended on the agricultural scheme) may be paid to the person who lived as a couple with the mother.

These may include:

• Either from the father of the child
• Either the spouse or cohabiting partner who lives as a couple with the mother
• Either, in case of early joint recognition, the mother who has not given birth for a couple of women (married, entered into a civil partnership or common-law).

In order to receive benefits, the father or person who lived in a relationship with the deceased mother must cease all paid work throughout the period of compensation which the mother would have received.

If he is an employee or if he is an employee, the father or the person who lived in a couple with the deceased mother must:

• notify his employer of the reason for his absence. He must also specify to the employer the expected date of his return to work.
• submit a claim for transfer of benefits to CPAM or MSA by filling out a form:

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

Documents must be attached to justify his situation.

Allowances shall be paid for a period of maximum duration equal to the duration of compensation for the current maternity leave.

The employee benefits from the protection against dismissal provided in the event of maternity leave.