Pregnancy

Maternity leave: calculation, date, conditions, amount 2020

Congé maternité : calcul, date, conditions, montant 2020

How to calculate the date of maternity leave? What are the daily allowances this year? Duration of prenatal or postnatal leave, conditions and procedures … What you need to know about maternity leave for expectant and young mothers.

Are you pregnant and about to announce your pregnancy to your employer? We guide you to calculate the start and end dates of maternity leave, know the steps to take to benefit from it, and take stock of the duration of the prenatal leave and postnatal. When should we inform the employer that we are expecting a child? Remember that the length of maternity leave is of 16 weeks in France, but it can be longer depending on the number of dependent children, and in particular if you wait twins or triplets. Also, it is possible, in some cases, to postpone the duration of prenatal leave after your delivery, or combine your prenatal leave with a pathological leave, before the birth of your child. Furthermore, the question that all future and young mothers ask themselves is the amount of maternity leave benefits. The Journal des Femmes answers all your questions and guides you so that you don’t forget anything in your efforts.

In France, the total duration of maternity leave is 16 weeks (for a first or a second child) or 26 weeks from three children. The duration varies according to the number of dependent children, but also according to the number of unborn children. If you are pregnant with twins or triplets, the total duration of your maternity leave will then be 34 weeks or 46 weeks (from three children). In addition, maternity leave is divided into two parts: prenatal leave, to be taken during pregnancy, and postnatal leave, after the baby is born. The length of prenatal leave is 6 weeks for a first and second child, and 8 weeks from the third child. It amounts to 12 weeks or 24 weeks in case of twin or multiple pregnancy. About the length of postnatal leave, it is 10 weeks (1st and 2nd child) or 18 weeks (3rd child or more), and lasts 22 weeks, regardless of the number of unborn children, in the event of multiple pregnancy. In addition, do not hesitate to inquire with your collective agreement to find out the terms. In some cases, the duration of maternity leave may be extended. Warning, “in any case, you cannot be employed for a period of 8 weeks in total before and after childbirth, including necessarily 6 weeks after childbirth“reminds the government. It is indeed strictly forbidden to completely renounce your maternity leave. Nevertheless,”outside of this period of absolute prohibition of employment, you can decide not to take the entirety of the maternity leave to which you are entitled “.

Calculation of the duration of maternity leave according to the number of children
Number of childrenDuration of prenatal leavePostnatal leave durationTotal duration of maternity leave
1st child6 weeks10 weeks16 weeks
2nd child6 weeks10 weeks16 weeks
3rd child or more8 weeks18 weeks26 weeks
Twins12 weeks22 weeks34 weeks
Triplets or more24 weeks22 weeks46 weeks

Duration of maternity leave for mothers of premature babies

The battle waged by the association SOS PREMA allowed a right to a extended maternity leave for mothers of premature children. The leave is extended for all mothers who have given birth, several weeks in advance and whose baby’s condition requires hospitalization. The lengthening of this new maternal leave depends on the number of days before the baby. The period during which the mother can benefit from the days of rest is increased by the number of days between the birth of the baby and 6 weeks before the date of delivery. This period is added to the duration of the statutory leave, but it cannot be detachable from it. In addition, mothers of premature babies who die some time after birth are entitled to the same rights. To find out more: More info on the site www.sosprema.com.

Duration of maternity leave for the self-employed

Following a decree published on May 29, the self-employed can now benefit from the same duration of maternity leave than employees. Each year, nearly 20,000 women are affected. While they were entitled between 6 and 11 weeks of maternity leave, future and young mothers can stop between 8 weeks minimum and maximum up to 16 weeks, or up to 112 days while being compensated. “Until now, self-employed workers have benefited from a flat-rate allowance as well as fixed daily allowances paid up to 74 days, subject to an actual work stoppage of 44 days. Provided in the social security financing law for 2019, this measure will allow the self-employed to benefit from 38 days of additional compensated leave“, specifies in a press release the ministry for Solidarities and Health. In addition,” this extension of the duration of indemnification applies to allowances and indemnities paid to compensate the stoppages of work related to maternity starting from the 1st January 2019 “added the ministry. Marlène Schiappa is delighted with this new protective measure. “Commitment kept, finally the concrete improvement of the daily life of future and independent young mothers who will be able to benefit from maternity leave like employed women! Maternity is a period of upheaval and the State must allow women to live it serenely without distinction of status“she said in a statement.

The start and end date of maternity leave depends of course on the expected date of delivery and number of children dependent (including the baby to be born). Taking into account the duration of 16 weeks (6 weeks before the expected date of delivery and 10 weeks after the baby is born, here is an example for calculate the date of your maternity leave. If this is your first child and you must give birth on July 1, 2020, the date of maternity leave will then start on Wednesday May 20, 2020 and will end on Wednesday September 9, 2020.

It is entirely possible to postpone part of your prenatal leave (within the limit of three weeks) to enjoy a little more time with your newborn. Your doctor will nevertheless have to agree and you will then benefit from 13 weeks (instead of 10 weeks) after the birth of your child. To do this, you must send a request to postpone maternity leave to the CPAM as well as a medical certificate attesting that your state of health allows you to prolong your professional activity before birth. And if you are wondering until when it is possible to change your mind, know that your request must be made at the latest one day before the date of your leave initially planned. Also, be aware that you don’t have to get your employer’s approval.

Conversely, can we advance the start of prenatal leave?

Yes, under certain conditions also. If you want anticipate your maternity leave, be aware that it can be brought forward within the limit of 2 weeks if you are pregnant with your third child, and within the limit of 4 weeks in the event of multiple births. Note that the length of postnatal leave is reduced by the same number of weeks. For example, if you are expecting your third child, it is possible for you to take 10 weeks before delivery, and therefore 16 weeks after the birth of your baby.

Depending on your state of pregnancy, your doctor may prescribe a pathological leave which is added to the duration of your prenatal leave. Its duration is 14 consecutive days or not. It must be taken before the birth of the child. About the pathological leave related to childbirth, it lasts a maximum of 4 weeks and can be taken all at once, after birth. Finally, a stop of illness can be proposed by the gynecologist or the general practitioner to women after childbirth when the consequences of childbirth are difficult, due to a Cesarean section for example or a severe baby blues. There is no specific breastfeeding leave, unless the company’s collective agreement so provides.

Maternity leave: what conditions?

To collect daily allowances during your maternity leave, you must have been affiliated with Social Security for at least 10 months at the expected date of your delivery. You must also have worked a minimum of 150 hours of paid work during the three calendar months, ie 90 days before the work stoppage, or have contributed on a salary greater than 1015 times the hourly Smic during the six months preceding the date of the start of your pregnancy.

Example: if your maternity leave begins on July 1, 2020 for an expected date of delivery on September 1, 2020, you can receive daily allowances provided you have been affiliated to Social Security before November 2019, have worked at minus 150 hours between April 1 and June 30, 2020. If the condition is not met, you must have contributed between July 1, 2019 and June 30, 2020, on the basis of remuneration at least equal to 10 180.45 euros.

However, the type of employment contract (CDD or CDI) does not change the fact that you are entitled to maternity leave. “Whatever your employment contract, fixed or indefinite, full or part time, you are entitled to it. And whatever the size of the company, even if you are on a trial period. No seniority condition is required“, specifies Maitre Sabrina Adjam, lawyer at the Paris bar.

How much are future and young mothers paid during their maternity leave? It is the Health Insurance Fund (CPAM) which pays the daily allowances, every 14 days. In 2020, the amount rises between 9.63 euros and 89.03 euros per day. It is calculated based on basic daily salary and the total of the last three months of gross wages received before the start date of maternity leave, all divided by 91.25. Check with your collective agreement, some sometimes offer more favorable compensation conditions than those of Social Security, which can go as far as maintaining your salary in full.

How to calculate the amount of daily allowances?

  • First, you need to know your basic daily salary. It is calculated by adding your last three gross wages, received before the date on which you stopped working. Divide everything by 91.25. Note that the maximum amount of the basic daily salary taken into account cannot exceed 3,428 euros in 2020 (or 3,377 euros in 2019).
  • The CPAM then withdraws a flat rate of 21%
  • The minimum amount of maternity leave cannot be less than 9.63 euros per day, and cannot exceed 89.03 euros per day.

You have until the end of your 14th week of pregnancy to declare that you are expecting a child, to the CPAM and the family allowance office. You have two choices. Be there simplified declaration of pregnancy, which your doctor or midwife can do online. It will then be sent directly to the organizations concerned. If you prefer, you can also send them by mail the form “First prenatal medical examination” which your doctor will deliver to you during the first consultation during your pregnancy. As for your employer, he must be informed of your pregnancy before the start of your maternity leave (no date is therefore mandatory). It is nevertheless recommended to warn her by registered letter with acknowledgment of receipt or delivery against receipt, at the start of pregnancy, in order to be protected from dismissal. This letter must specify the reason for your absence and the date on which maternity leave ends.

Your maternity leave is coming to an end, and are you going back to work soon? Your employer will invite you to a return to work visit, who must take place within 8 days of your return to the office. The opportunity to check if your position is still compatible with your state of health, to find out about the possibilities of accommodation, adaptation of your position, or even reclassification according to the recommendations of the occupational doctor. Note: this visit is compulsory and must take place during your working hours. You are therefore paid. If you are breastfeeding, do not hesitate to mention it during the interview as you have the right to breastfeed during your working hours.

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