When are you entitled to pathological maternity leave?

Maternity leave: how long is it?

Every pregnant woman has a maternity leaveof one minimum duration of 16 weeks6 of which are taken before the due date called antenatal leave and 10 weeks after delivery for postnatal leave. This duration can be extended for women who already have at least two dependent children. For a third child, its duration is extended to 26 weeks: 8 weeks before delivery and 18 weeks after. This maternity leave is the minimum legal leave for any so-called physiological, i.e. pregnancy that takes place simple. But in some cases, an additional leave may be prescribed for the expectant mother.

When and how to get prescribed a 15-day pathological leave?

However, it happens quite frequently that pregnant women have to stop early or resume work later after giving birth. According to the labor code, leave for pathological pregnancy can be offered to the expectant mother if “a pathological condition attested by a medical certificate as a result of pregnancy or childbirth makes it necessary”. In practice, according to a national perinatal survey published in 2016 (1), nearly 70% of women would be prescribed this pathological leave. Only the doctors I am able to prescribe these pathological leaves, midwives are not licensed.

Pathological leave before childbirth (prenatal)

Prenatal pathological leave cannot exceed a period of 14 days, consecutive or less.
The reasons that may lead a doctor to prescribe this work stoppage are quite numerous. “First of all, any medical cause that takes the pregnancy out of physiology justifies the prescription of pathological pregnancy leave,” Dr. Dahan-Saal points out.

The most common reasons are: the threat of premature birth (open cervix, significant uterine contractions, etc.), hypertension, Gestational diabetesthe advanced age of the mother, the great tiredness, strappingdifficult and stressful living or working conditions.

Dr. Jessica Dahan Saal, obstetrician-gynecologist: As soon as it is believed that resting the expectant mother would be useful to prevent a possible complication and/or hospitalisation, this leave is justified.

This is what differentiates it from ordinary sick leave, which generally will not be prescribed for preventive purposes, or for simple fatigue. Practice is taking the lowest possible risk with the pregnant womanbut it is the doctor and only the one who decides to prescribe it depending on the context and his state of health.

Pathological childbirth leave after childbirth (postnatal)

The leave “for the consequences of a pathological birth” which can be offered post-natal, is to be differentiated from pathological pregnancy leave. It is prescribed by the general practitioner or by a gynecologist for reasons related toI leave and can go up to 4 consecutive weeks mandatory and it is necessarily taken after maternity leave.
“In practice, it is relatively rare for a patient to need a birth-related stop ten weeks after this. It is generally prescribed in case of delivery postpartum depression or maybe post-difficult cesarean section“says the specialist.
It should be noted that breastfeeding is not considered a valid reason for this postnatal leave.
“The absence of a treatment modality for the newborn cannot even be a reason for discharge following a pathological condition” specifies the gynecologist.
On the other hand, this leave can be offered for reasons related tohealth of the newborn. A child born prematurely, sick or very fragile, may in fact require the presence of the mother by his side.

Is pathological pregnancy leave sick leave?

Prenatal pathological pregnancy leave it is not considered sick leavebut rather as a prelude to maternity leave. Instead, the leave to follow a pathological birth is really a sick leave.

Payment of per diems for prenatal pathological leave is not the same as that for pathological childbirth leave.

Dr. Jessica Dahan Saal: “In effect, prenatal pathological pregnancy leave benefit is equivalent to that paid during maternity leave, which means that the employee continues to receive the full basic salary”

the post discharge discharge is considered as sick leave, is then compensated in the same way as the latter. The daily allowance is paid to the employee by the social security up to 50% of the daily basic salarythe latter calculated on the average gross salary within the limit of 1.8 times the minimum monthly salary in force.

In both cases, the termination notice consists of three sheets, one of which must be delivered to the employer and the other two to the health insurance company within 48 hours.
For both antenatal and postnatal leave, the allowance is established without waiting period.

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