Sick leave: What rights do I have during my pregnancy?

When should you stop working if you are pregnant?

Pregnancy, a magical time for some, complicated for others but exhausting for everyone, leaves little peace for the mother-to-be. For this reason, maternity leave is provided for by law for employees in order to prepare for the birth as peacefully as possible. This maternity leave takes place:

  • 6 weeks before due datefor a pfirst or second birth;
  • 8 weeks before the due date for a third birth ;
  • 12 weeks before the due date of birth Twins ;
  • Up to 24 weeks before due date for triplets.

But before reaching this maternity leavethere are various reasons for the question sick leave during her pregnancy, regardless of whether this reason is directly related to the pregnancy itself (high blood pressure, risk of miscarriage or childbirth, diabetes, etc.), using a so-called “pathological” leaveor if it is related to your health condition (virus, fatigue, etc.).

What is called “pathological” maternity leave?

Elizabeth Paganelli, medical gynecologist and general secretary of Syngof (union of gynecologists and obstetricians of France), defines this specific judgement:

“Sick leave is a break in work related to a medical condition resulting from pregnancy. It can be prescribed once or more before maternity leave for a maximum of 14 days. »

At the beginning, at the end of pregnancy? When can I take sick leave?

More precisely, the pathological leave can be taken from the pregnancy declaration and until maternity leave if a medical reason related to the pregnancy is required. It can be recorded Once (14 days) or divided Several times during pregnancy.

Fatigue, risks… What are the causes of prenatal disease?

A prenatal pathological leave of a maximum of 14 days applies when medical conditions related to pregnancy justify it, in accordance with Article L1225-21 of the Labor Code. It can be for example:

  • pregnancy-induced hypotension,
  • gestational diabetes,
  • the risk of premature birth
  • Fatigue, sleep disturbances, pain during pregnancy.

“Or for any woman whose pregnancy condition requires it,” says the gynecologist.

Who can prescribe it for you?

Only yours treating doctor or your gynaecologist can prescribe a prenatal pathological leave. “Midwives, for example, who can do a lot during pregnancy and, in particular, extend a break in work, cannot, according to the texts, prescribe prenatal sick leave,” the gynecologist recalls.

What steps to take?

They’re easy and it’s always good to know! “During a face-to-face or teleconsultation consultation, the doctor can now easily explain the pathological leave by ticking the “pathological” box or by logging in on amelipro, the health insurance division for healthcare professionals,” explains Dr. Paganelli. The employee must then send within 48 hours a copy of the form to his employer.

With a paper document, the procedure is classic: the employee who is on sick leave must also do so within 48 hours Submit the first two parts its notice of termination to the Caisse d’Assurance Maladie, the third part with his employer

Sick leave is remunerated like maternity leave (source 1): “ No lack is not applied”, the professional reassures. The daily allowances are calculated on the basis of the employee’s salary for the last three months and correspond approximately 90% of his salary.

What if the 14-day sick leave is not enough?

“If the pregnant woman continues to be affected by a pregnancy-related problem, she cannot extend her sick leave. This one will be supplemented by a classic work stoppage which can be extended several times, but has the disadvantage of being less well compensated,” explains the doctor.

Actually past wait three daysthe classic work stoppage is compensated by social security, up to 50% of salary basic daily and filled out by the employer only if you have been with the company for more than one year. So you will receive 90% of your base salary in the first month and at least 66% in the following months. However, this does not apply if you then enter the period of your pregnancy leave.

What leave applies if my illness is not related to my pregnancy?

Same answer as above. If it is assumed that your health problem is not related to your pregnancy condition (e.g. the flu, the covid, a sprain, etc.), this is not the case either a “classic” sick leave that allow you to rest. After a 3-day absence, you will therefore be paid up to 50% of your daily base salary, supplemented or not by your employer. This break can be extended by the same doctor who originally gave you sick leave, or by a midwife or other doctor.

What wages will I receive during my sick leave?

To summarize the terms of compensation, we recall:

  • A prenatal pathological leave : does not count waiting times and compensates you with at least 90% of your daily base salary, calculated over your last three months.
  • A classic sick leavee includes 3 waiting days and compensates you up to 50% of your daily base salary, supplemented by your employer up to 90% in the first month, decreasing in the following months.

Difficult working conditions: sick leave, the only option for the employee?

Is your work exhausting you? Are your journeys too long or does the workload seem incompatible with your status as a pregnant woman? Before you make an appointment with your doctor to take sick leave, take stock of your rights. The gynecologist wants to remind employees of this: there is a labor code that protects them … you still have to know it in order not to lose.

In fact, with the consent of the worker, certain precautions can or must be taken:

  • L’Organization of working time, corrected downwards, is provided for in many collective agreements. This also applies to night shifts, which can be reclassified as day shifts (source 3). find out!
  • If the state of health of the employee determined by occupational medicine requires it, the employer is obliged under the Labor Code temporarily assign his employee to another activity, less painful and without loss of compensation (source 4).
  • The worker must be reassigned by the employer even if this exposes him to biological, chemical or physical risks (e.g. falling) (Reference 5).

Interruption of work vs. sick leave

If it is not possible to change assignments, the employee’s employment contract will be suspended while the salary, which is made up of the daily allowance subject to social security contributions and an allowance to be paid by the employer, will be retained. dr Paganelli, who has dedicated himself to the issue, insists: “Many women are reluctant to go to the occupational doctor and ask for sick leave to be able to breathe. This is natural, but can hurt them in terms of compensation. A sick leave is a waiting period of 3 days, and the compensation is seen downwards. If the employment relationship is suspended, the employer supplements this compensation and the pregnant woman loses nothing. A right that we should know more about in order to be more relaxed about it.

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