1. What hiring protections apply to pregnant employees in France?
Employers cannot take pregnancy into account when hiring, ending a probationary contract, or transferring an employee in France. They are also forbidden from asking about pregnancy. These rules ensure pregnancy never influences recruitment decisions or early termination, regardless of contract stage.
2. Is pregnancy disclosure required during hiring in France?
A woman is not required to disclose pregnancy during hiring or employment in France unless she seeks legal protections tied to it. Employers cannot pressure candidates to share this information, ensuring recruitment decisions are based solely on skills and professional qualifications.
3. How are pregnancy discrimination disputes assessed in France?
When pregnancy-related discrimination is alleged in France, the employer must provide evidence justifying their decision. If doubt remains after reviewing the facts, it benefits the employee. This burden of proof strongly reinforces legal protection against discriminatory hiring or employment practices.
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4. Are assisted reproduction and adoption protected in France?
Employees involved in medically assisted reproduction or adoption processes receive the same anti-discrimination protections as pregnant employees in France. Employers cannot penalize them due to their parental plans, ensuring equal treatment regardless of how parenthood is pursued.
5. When is dismissal prohibited due to pregnancy or maternity leave in France?
Dismissal is prohibited once pregnancy is medically confirmed, throughout maternity leave, paid leave taken immediately after, and for ten weeks following these periods in France. Termination is only allowed for serious misconduct unrelated to pregnancy or objective impossibility of continued employment.
6. What protections exist after childbirth in France?
Following childbirth, employees benefit from a ten-week dismissal protection period in France. Termination is permitted only for serious misconduct unrelated to the birth or if maintaining the contract is objectively impossible, ensuring stability during the postnatal transition.
7. What protections apply after the death of a child in France?
After the death of a child or dependent under twenty-five, dismissal is prohibited for thirteen weeks in France. Termination is allowed only for serious misconduct or impossibility of maintaining the contract for reasons unrelated to the death, offering temporary job security.
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8. What protections apply after spontaneous pregnancy loss in France?
Employees are protected from dismissal for ten weeks following a medically confirmed spontaneous pregnancy loss between the fourteenth and twenty-first week of amenorrhea in France. Termination is allowed only for serious misconduct or unrelated impossibility of contract continuation.
9. Can dismissal occur during parental leave in France?
An employee cannot be dismissed during parental leave or part-time parental leave arrangements in France. Termination is permitted only for serious misconduct or if maintaining the contract becomes impossible for reasons unrelated to the child’s condition or parental responsibilities.
10. When is dismissal cancelled due to pregnancy in France?
A dismissal is automatically cancelled if the employee submits a medical certificate confirming pregnancy within fifteen days of notification in France. This protection does not apply if termination is based on serious misconduct or objective impossibility unrelated to pregnancy.
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Subsection 2: Temporary Changes of Assignment
11. When can temporary reassignment be requested in France?
A pregnant employee may request temporary reassignment when her health requires it. In France, the occupational physician decides in case of disagreement. Reassignment cannot reduce pay and ends once health allows a return, with consent required for relocation.
12. What happens after maternity leave if reassignment occurred in France?
When reassignment was granted for medical reasons, the employee must return to her original role after maternity leave in France. This guarantees that temporary adjustments during pregnancy do not permanently alter job duties or employment conditions.
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13. What rights apply to night-shift workers in France?
Pregnant or postpartum employees working night shifts must be reassigned to day work upon request or medical confirmation in France. This reassignment may extend up to one month after return from leave and must not result in reduced pay.
Subsection 3: Absences and Maternity Leave
17. What absences are allowed for medical exams in France?
Employees are entitled to paid absences for mandatory pregnancy and postnatal medical exams in France. Partners in assisted reproduction and adoption processes also qualify. These absences count as working time for seniority and paid-leave calculations.
18. What is standard maternity leave duration in France?
Standard maternity leave lasts six weeks before birth and ten weeks after in France. With medical approval, up to three prenatal weeks may be postponed and added postnatally. If sickness occurs, leave recalculates from the first sick-leave day.
19. How is leave extended for multiple births in France?
Maternity leave is extended for multiple births in France. For twins, it begins twelve weeks before birth and ends twenty-two weeks after. For triplets or more, leave starts twenty-four weeks before birth and ends twenty-two weeks afterward.
20. What if the employee already has two or more children?
When an employee already has at least two dependent children, maternity leave begins eight weeks before birth and ends eighteen weeks after in France. Prenatal leave may be postponed or extended with medical approval, adjusting postnatal leave accordingly.
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21. What happens if childbirth occurs early in France?
If childbirth occurs earlier than expected, maternity leave is extended so the employee still receives her full entitled leave duration in France. Premature delivery does not reduce the overall length of maternity protection.
22. How does maternity leave affect seniority in France?
Maternity leave suspends the employment contract but counts fully as working time for seniority calculations in France. Employees must notify the employer of absence and return dates, ensuring no loss of accrued employment rights.
23. What guarantees apply after maternity leave in France?
After maternity leave, the employee must return to her previous role or a similar position with equivalent pay in France. This guarantee prevents disadvantage or role degradation linked to taking maternity leave.
24. How is pay adjusted after maternity leave in France?
Unless a collective agreement states otherwise, remuneration must reflect general pay increases and average individual raises granted during the employee’s absence in France. This ensures maternity leave does not negatively affect salary progression.
25. What interview rights apply after maternity leave in France?
Employees returning from maternity leave are entitled to a professional development interview in France. This discussion covers career prospects, training needs, and progression, supporting smooth reintegration after the leave period.
26. What rights apply if the mother dies during maternity compensation in France?
If the mother dies during the compensated maternity period, the father or equivalent caregiver may suspend their contract for the remaining period in France. Dismissal protection applies, and the right transfers to the spouse or partner if unused.
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