2023-07-26 10:39:00
After the declarations of Aurore Bergé, the Minister of Solidarity, will the rules for maternity leave be modified?
Summary
The phrase stirred up a good number of politicians. In an interview with West France, the new Minister of Solidarity, Aurore Bergé, explained that she wanted to “think together about shorter but better compensated parental leave.” A subject which is not new but which has aroused an outcry, especially on the left. If the theme mentioned by the now ex-patron of the Renaissance deputies is the subject of strong reactions, it is not to be confused with another which was not mentioned by Aurore Bergé: maternity leave. The minister never mentioned any reflection on reform on this subject, any more than the President of the Republic. This compulsory maternity leave will not be subject to any revision in the near future. As the law offers parents several different arrangements to take care of their children, it should be noted that it is only a question here of parental leave, this additional leave after maternity leave and which can be taken up to 3 years old. of her child.
Maternity leave is compulsory during the period around the expected date of delivery. Its duration is variable and partly depends on the number of children to be born. Maternity leave is made up of two types of leave: prenatal leave and postnatal leave. For a child, the total duration of maternity leave is sixteen weeks. During this period, you receive daily allowances paid by Social Security, the employment contract being temporarily suspended.
The duration of maternity leave depends on the family situation. Health insurance takes into account the number of children you already have and the number of children you are expecting. Are you struggling to see clearly? Here is an explanatory table.
Family situation and type of pregnancy
Duration of prenatal leave
Duration of postnatal leave
Total duration of maternity leave
I am expecting a first child
6 weeks
10 weeks
16 weeks
I am expecting a child and I have less than two dependent children
6 weeks
10 weeks
16 weeks
I am expecting a 3rd child or more
8 weeks
18 weeks
26 weeks
I am expecting twins
12 weeks
22 weeks
34 weeks
I’m expecting triplets
24 weeks
22 weeks
46 weeks
In the event of premature delivery, the duration of maternity leave remains the same. Prenatal leave is shortened and postnatal leave extended. Be aware, however, that if the child is born more than six weeks before the expected date and hospitalization is mandatory, an additional period of rest is provided. If your child is born a week before the expected date, for example, you will get an extra week. The leave may be extended in the event of illness or due to the consequences of childbirth. This is called pathological leave. Its duration is a maximum of two weeks before the expected date of delivery and four weeks after delivery. If the mother dies during childbirth, the father may, under certain conditions, benefit from maternity leave. If the child dies at birth, maternity leave remains due. Know that it is possible to reduce your maternity leave, provided you stop working for at least eight weeks, including six after childbirth.
Are you expecting a third child? As explained above in the table, the duration of maternity leave is 26 weeks in total from the third pregnancy. This maternity leave includes eight weeks of prenatal leave and eighteen weeks of postnatal leave. It can obviously be extended further if necessary, if you become ill or if your third child is born premature, as indicated in the previous paragraph. The duration of this maternity leave may also be reduced. However, you must ensure that you stop all professional activity for a minimum of eight weeks.
As explained in the table above, women who are going to have twins also have extended maternity leave. Prenatal leave is twelve weeks and postnatal leave is twenty-two weeks. Maternity leave is therefore 34 weeks in total. Note that it is possible to transfer four weeks of postnatal leave to prenatal leave if you wish.
During maternity leave, as for paternity leave, the employment contract is temporarily suspended. In the absence of salary paid by the employer, Social Security takes over via the payment of daily allowances. To benefit from it, it is necessary to fulfill several conditions as follows:
Have a Social Security number for at least ten months at the expected date of delivery Stop all professional activity for at least eight weeks Have worked 150 hours during the last three months or have contributed on the basis of an equivalent remuneration of at least 10,180.45 euros. If you carry out a seasonal or discontinuous activity: have worked 600 hours during the last 12 months preceding the start date of the leave.
Let’s imagine that your maternity leave begins on Monday, July 1, 2023 and that your expected date of delivery is September 1, 2023. To be eligible for the payment of daily allowances, you must have had a Social Security number since November 2022 at least and you must have worked 150 hours between July 1, 2022 and June 30, 2023.
The calculation of the amount of daily allowances for maternity leave is identical to that for paternity leave. The CPAM first calculates the basic daily salary (by adding the last three gross salaries received and dividing it by 91.25), which must not exceed a ceiling of 3,666 euros in 2023. At this salary basic daily rate, a flat rate of 21% is withdrawn. As a reminder, the daily allowance cannot be less than 10.24 euros or more than 95.22 euros. Be aware that in some cases, the collective provisions are sometimes more advantageous than the conditions of Social Security. It is therefore recommended to inquire beforehand. To simulate the amount of your maternity leave benefits, go to on the health insurance simulator. All you have to do is indicate your professional situation and the amount of wages you have received. You then obtain an estimate of the net amount of the indemnity.
Know that you have no formalities to complete: it is up to the employer to notify the Health Insurance if you are an employee. As a reminder, the employer must be informed of your maternity leave via a letter sent by registered mail with acknowledgment of receipt. In this letter, you must specify the reason for the absence as well as the end date of your maternity leave. As an indication, daily allowances are paid every fourteen days.
If you are looking for a job or you have received unemployment benefits in the last twelve months, know that it is still possible to obtain daily allowances. In this case, the latter are calculated on the basis of the last three months of wages before the termination of the employment contract. It is recommended to inquire beforehand with the health insurance. If you are in this case, bear in mind that you will have to provide the administration with your last four payslips so that they can calculate the amount of your allowances.
Whether you are a civil servant (permanent or trainee) or contractual, you can benefit from maternity leave. You must provide a pregnancy certificate to the administration. The duration of maternity leave is the same as for an employee and depends on the number of unborn and/or dependent children. As mentioned above, this period is likely to be extended in the event of illness or premature delivery, for example. During her maternity leave, she continues to receive her salary.
If you are intermittent, you can also benefit from the daily allowances for maternity leave paid by the Health Insurance, under conditions. You must meet the criteria for discontinued activity:
Have a social security number for at least 10 months Stop all professional activity for at least 8 weeks You have worked 150 hours during the 3 calendar months (or 90 days) preceding your work stoppage Have worked 600 hours during of the last 12 months You have contributed during the 6 calendar months preceding your sick leave on the basis of remuneration at least equal to €10,728.55 You have contributed during the 12 calendar months preceding your sick leave on the basis of compensation at least equal to €23,385.60
This is news that should please many future mothers. Since January 2019, the minimum duration of maternity leave for self-employed workers has been eight weeks, identical to employees, as reported The particular. Entrepreneurs, traders, craftswomen, liberal professionals… Your maternity leave can even be extended up to 16 weeks for a single birth, against eleven previously, reports The world. Previously, self-employed women received a flat-rate maternal rest allowance as well as daily allowances paid for up to 74 days (provided they had stopped all professional activity for 44 consecutive days).
To have access to fixed daily allowances, you must have stopped your professional activity for eight weeks. The flat-rate maternal rest allowance amounts to 3,366 euros in 2023, paid in two installments. Business owners can also receive a flat-rate daily allowance for business interruption. It is 60.26 euros per day. To obtain daily allowances, the self-employed must ensure that they send a sworn declaration of cessation of activity and a medical certificate indicating the duration of the stoppage to the Primary Health Insurance Fund (CPAM). As for the lump-sum maternal rest allowance, you must provide the prenatal examination sheet for the 7th month and then a birth certificate, the aid being paid in two instalments.
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