Post-natal pathological leave: conditions, how to apply, duration and compensation
If it is not possible to return to work at the end of maternity leave, it is possible to obtain an extension of the leave, subject to certain conditions. "in the event of illness due to pregnancy or the aftermath of childbirth, and attested by a medical certificate, the duration of your maternity leave is increased up to the following limits: 2 weeks before the expected date of delivery, 4 weeks after the birth", says an article published on the service-public.fr website, verified on January 1, 2022.
This information can also be found in article L1225-21 of the Labour Code: "when a medical certificate attests to a medical condition as a result of pregnancy or childbirth, maternity leave shall be increased by the duration of that pathological condition up to a limit of two weeks before the expected date of delivery and four weeks after the date of delivery." Post-natal pathological leave may, for example, be prescribed by a doctor after a caesarean section or difficult delivery, but also in cases of postpartum depression.
Compensation for post-natal pathological leave
How does this happen in practice? Post-natal pathological leave may be granted by a attending physician or gynaecologist following a consultation. He will give a sick break in triplicate: one will be transmitted to the employer, and the other two will have to be sent to social security within 48 hours. Unlike maternity leave, which usually lasts 16 weeks, it will be compensated as a classic sick leave. The only difference is that no waiting period will have to be met if this decision follows the maternity leave.
The compensation will therefore amount to 50 per cent of the basic salary. "this is calculated on the average of the gross earnings of the last 3 months prior to your absence from work (12 months in the case of seasonal activity)," says the health insurance website. However, a limit is set at 1,8 times the monthly SMIC, i.e. EUR 2,885,62 gross, "on the basis of the SMIC in force on 1 January 2022, for work stoppages beginning on or after 1 February 2022". In the case of enterprises subject to a collective agreement between branches of industry, these figures may change.
Pathological leave: what about before delivery?
The procedure is different for prenatal pathological leave, the maximum duration of which is two weeks, divided into one or more stops. Unlike after childbirth, he will in this case receive 100 per cent of the gross wage. As of 1 January 2018, the daily allowances for prenatal pathological leave shall be calculated on the salaries of the last 3 months or the previous 12 months for discontinuous or seasonal work, and shall be reduced by a flat rate of 21%. They amount to a minimum of €9.29, and may not exceed €84.90.
It will be granted in cases of pathological pregnancy by a doctor or gynaecologist, who will have to check the box "in connection with a pathological condition resulting from the pregnancy". Health insurance defines your pregnancy as' pathological 'when risks or complications may endanger the health and life of your child, for example if you suffer from a chronic disease or if you have ever had problems with a previous birth.'.
"the prescriber must fill out a triplicata and give it to you or do it directly online. Exit times must be respected unless the prescriber checks' free exits' justifying this derogation", details gynaecologist Mélanie Roblin in the book "my pregnancy belongs to me-better informed, I reclaim my body!. And if ever the complications of pregnancy (gestational diabetes, high blood pressure, risk of premature delivery or miscarriage, a previous pregnancy at risk...) Ask for a longer stay of the future mother, the extra days off will be compensated as in the case of a prescribed sick break outside a pregnancy.
Sources:
Maternity leave of an employee in the private sector, verified on 1 January 2022, public service.
Article L1225-21 of the Labour Code, version in force since 1 May 2008, legifrance.gouv.fr.
Work stoppage due to illness: the employee's daily allowances, published on 4 January 2022, ameli.fr.
The duration of an employee's maternity leave, published on 10 January 2022, ameli.fr.
My pregnancy belongs to me-better informed, I am reappropriating my body!, by Mélanie Roblin, published on February 24, 2021, in Mango editions.
Read also:
·Superfetation: what is a superfetatory pregnancy and how does delivery go?
·Family Support allowance (FSA): conditions, amount and duration of this support for lone parents
·Declaration of birth: when and how to make it online? Instructions for use
