Postnatal pathological leave: for whom and in what cases?
When the pregnant woman suffers from complications that endanger her health or that of the baby, we speak of a pathological pregnancy. Also called high-risk pregnancy, it requires reinforced medical monitoring during the nine months. During pregnancy, if the condition of the mother or the fetus justifies it, the doctor may choose to extend the prenatal maternity leave by a pathological leave. It is particularly prescribed for pregnant women suffering from hypertension and gestational diabetes, but also in case of great fatigue or risk of premature delivery. This is not a comfort leave, but a way to give yourself the necessary rest time to carry out your pregnancy and childbirth in the best conditions.
After the birth of your child, you are entitled to ten weeks of parental leave. This is the classic duration of postnatal maternity leave. On the other hand, if your delivery did not go well and your state of health still requires care, you can also benefit from an extension of this leave. We then speak of “postnatal pathological leave”, although it does not really exist (it is mainly a sick leave). What are the terms of this sick leave and how long does it last? We take stock.
What are the terms of postnatal pathological leave?
As mentioned above, although often called so, postpartum pathological leave does not really exist. It is mainly a stoppage of work, prescribed by the doctor or the gynecologist-obstetrician after the birth of the child. It is recognized by the Labor Code as leave following pathological childbirth.
The reasons for this sick leave must be related to childbirth and the mother's state of health (following a caesarean section or difficult childbirth, etc.) or the birth of the baby (postpartum depression). It should be noted that the absence of a childminder is not considered as a reason for postnatal pathological leave by social security. Also be aware that controls exist to identify cases of fraud. Be sure to comply with all the specific conditions.
How long is this postnatal pathological leave?
The duration of postnatal pathological leave is a maximum of four weeks (i.e. 28 days). These weeks of sick leave must be consecutive, after the end date of your postnatal maternity leave. That is, you must take it all at once and cannot spread it over several months. Beyond this period, if your condition requires it, your doctor may stop you again. It will, however, be ordinary sick leave.
Note: prenatal pathological leave cannot be postponed and must be taken before the baby is born. Postnatal pathological leave is also different from breastfeeding leave. The latter was abolished in 1975, because Social Security does not consider breastfeeding as a reason for sick leave. Nevertheless, some collective agreements offer provisions for breastfeeding your baby. Check with your company or employer.
Read also: Prenatal pathological leave: everything you need to know
What are the benefits of this postnatal pathological leave?
If you are an employee
As postnatal pathological leave is actually sick leave, you must, within 48 hours, send sections 1 and 2 of the work stoppage notice issued by the doctor to the medical department of your health fund. health insurance, and send section 3 to your company or your employer. Be sure to respect your outing schedules, as the Health Insurance carries out numerous checks.
As for benefits, they are identical to those paid in the event of sick leave. That is to say, a daily allowance paid up to 50% of the basic daily salary (subject to fulfilling the conditions). The sum is calculated on the average of gross salaries within the limit of 1.8 times the monthly minimum wage in force (i.e. €2,798.24 euros on January 1, 2021).
Again, this is different from prenatal pathological discharge. Indeed, if you are stopped for medical reasons before the pregnancy, you are compensated in the same way as for maternity leave. You will therefore receive a daily allowance which is equivalent to the average daily wage for your last 3 months of work, or the last 12 if you have not worked full time. As of January 1, 2021, it is limited to 89.03 euros per day.
What about independents?
The self-employed can also benefit from postnatal sick leave, but the conditions are slightly different. If the mother's condition justifies being arrested, the period of payment of the daily lump sum maternity insurance benefits may be extended. This is a period of 30 consecutive days, which can be divided into two periods of 15 days. The CPAM is responsible for the payment.
In both cases, do not hesitate to find out more about the terms of this leave from your doctor or your health insurance fund. Again, don't forget that fraud checks are frequent, be in good standing.
