💡 Key points to remember :
The French Labor Code strictly regulates the protection of pregnant employees. Dismissal, maternity leave, workstation adjustments, leave of absence, breastfeeding: these are all key points that every employer needs to be aware of.
👉 By facilitating breastfeeding in the workplace, notably via equipment such as Pachamama Solutions breastfeeding chairs, companies are complying with the law while affirming an inclusive and caring HR policy.
⏱️ Reading time : 2min30
Pregnancy and employment: what are your responsibilities as an employer?
In France, the law protects pregnant employees through a precise legal framework that is often misunderstood by managers and HR staff.
From maternity leave to job adjustments and the right to breastfeed in the workplace, every company has a major role to play in guaranteeing the health, safety and continued employment of expectant mothers.
Here are the key points to be aware of, and practical solutions for implementing them.
1. What protection against dismissal do pregnant employees have?
Pregnant employees enjoy enhanced protection against dismissal. She cannot be dismissed during pregnancy, maternity leave or the four weeks that follow, except in cases of serious misconduct unrelated to the pregnancy, or for economic reasons. Even if the employer is unaware of the pregnancy, dismissal is null and void if the employee provides a medical certificate within 15 days of notification.
In the case of resignation, an employee in a medically certified state of pregnancy may terminate her employment contract without notice or payment of severance pay.
2. What is the duration of maternity leave depending on the situation?
The length of maternity leave varies according to family situation:
In the event of pathological pregnancy, leave can be extended by 2 weeks before and 4 weeks after childbirth.
Inequalities linked to maternity leave have a direct impact on companies, as they affect employee well-being. Companies can play a crucial role by offering more generous maternity leave, for a number of reasons: talent attraction, professional equality, employee loyalty and commitment, and support for young mothers’ mental health.
3. What workstation adjustments should be made for pregnant employees?
Pregnant employees benefit from reinforced medical surveillance by the occupational physician.
If the employee’s job presents health risks for her or the child (exposure to toxic substances, night work, etc.), the employer must offer her another job compatible with her state of health, without any reduction in salary.
4. Breastfeeding at work: what does the law say?
For one year from the date of birth, a breastfeeding employee has one hour a day during working hours to breastfeed or express milk. For companies with more than 100 employees, the employer must set up a dedicated breastfeeding area, separate from the work premises, with adequate ventilation, lighting and suitable seating.
It’s in this context that Pachamama Solutions is committed to supporting companies and breastfeeding mothers with its breast pump chair. Designed to offer comfort, privacy and functionality, our chair fits perfectly into a space dedicated to breastfeeding within the company. It not only complies with the law, but also affirms a policy of equality and benevolence in the workplace.
5. Are absences for medical examinations authorized?
Pregnant employees are entitled to leave of absence to attend compulsory medical examinations as part of their pregnancy and post-delivery medical surveillance. These absences must not result in any reduction in remuneration and are considered as actual working time.
Conclusion: supporting pregnant employees, a strategic HR responsibility
Pregnant employees have a wide range of rights, designed to protect their health and that of their child, while ensuring that they remain in employment. Companies have a crucial role to play in this respect, by making appropriate arrangements for breastfeeding and working conditions.
Autrice
Camille Desclée
Experte en QVT &
Co-fondatrice de Pachamama Solutions
Camille Desclée est experte en Qualité de Vie au Travail (QVT) et co-fondatrice de Pachamama Solutions, une entreprise qui œuvre pour une meilleure prise en compte de la parentalité en milieu professionnel. Elle développe notamment des solutions concrètes comme des fauteuils de tire-allaitement pour les espaces de travail, afin de favoriser le bien-être des jeunes mères et l’égalité en entreprise.