Pregnant Women’s Rights at Work: What You Need to Know!

In France, a pregnant employee is legally protected and has several rights outlined in the Labor Code. These rights apply across public service, private sectors, and entrepreneurship. Employers are required to honor these rights throughout the employee’s pregnancy, as well as during and after maternity leave. What are the rights of a pregnant employee? Sabrina Adjam, an attorney specializing in labor law at the Paris Bar Association, sheds light on this topic.

What are the employer’s obligations?

An employer has numerous obligations toward a pregnant employee:

• Employers cannot dismiss a pregnant woman.
• Employers cannot terminate a probation period due to the employee’s pregnancy.
• If you are interviewing for a job, a prospective employer cannot deny you the position just because you are pregnant.
• The employee should receive enhanced medical surveillance from the occupational health doctor (assistance in adapting to work, information sessions, etc).
• If the job poses risks, the employer must temporarily offer the pregnant employee another position without reducing her pay. (Article L1225-7 of the Labor Code)
• An employer must remove a pregnant woman from a night shift position if she requests it or if the occupational health doctor deems the position incompatible with the pregnancy. (Article L1225-9 of the Labor Code)

Can a pregnant employee request adjustments to her working conditions?

For pregnant women, the law provides for adjustments to working conditions. For instance, if a pregnant woman’s health condition is incompatible with her duties, she can request a temporary transfer to a less physically demanding job, supported by a medical certificate, without any reduction in salary. The request for workplace adjustments can be made by the employee, with a medical certificate, or by the employer following the advice of the occupational health doctor. Adjustments are considered especially if:

• The health of the pregnant employee requires it.
• The position poses risks to her health and that of her unborn child (exposure to chemicals, heavy lifting, etc).

How many hours should a pregnant woman work?

In principle, a pregnant woman’s work hours do not change during pregnancy. She might work 35 hours per week, or 40 hours, depending on her contract. “Reducing daily working hours for a pregnant employee is not a legal requirement,” states the Public Service website.

However, according to company collective agreements, employees may be entitled to additional break times and reduced work hours throughout their pregnancy or for part of it. Don’t hesitate to contact your company’s Human Resources department for more details.

Is a pregnant woman entitled to time off for pregnancy-related medical appointments?

Leave to attend mandatory prenatal appointments is allowed and provided for by article L1225-16 of the Labor Code. These absences are considered as actual working time! Therefore, your employer cannot deduct them from your salary. Since 2014, expectant fathers can also take leave for pregnancy examinations, to accompany the expectant mother to the three ultrasound scans.

Is a pregnant employee protected during her maternity leave?

During maternity leave, the pregnant employee enjoys total and absolute protection. “Thus, during this period, if the employer wants to invoke serious misconduct or the impossibility of maintaining the contract as grounds for dismissal, they must wait until the end of the maternity leave”, explains Sabrina Adjam.

“If the employer wants to invoke serious misconduct or the impossibility of maintaining the contract as grounds for dismissal, they must wait until the end of the maternity leave.”

Moreover, “According to the labor code, maternity leave is considered a period of actual work, and as such, rights related to seniority are maintained“ she adds.

It’s also important to know that the employee is not required to disclose her pregnancy to her employer, she is only obligated to do so when she takes her maternity leave.