Prenatal and postnatal pathological leave

All pregnant women are entitled to maternity leave according to the work code (article L. 1225-17). In case of complications or pregnancy at risk, it is possible to resort to Prenatal pathological leave and Post -notal pathological leave.

How does this additional leave apply within the framework of the management of leave? How is it remunerated?

Let’s discover together what a pathological leave, its duration, its conditions and what are the applicable allowances.

Pathological leave: what is it?

Many pregnant women encounter difficulties during pregnancy (pronounced fatigue, back pain, diabetes, etc.).

A doctor can therefore prescribe a file additional leave So that future mothers can make pregnancy in good condition.

On distinguishing Two types of pathological leave : THE Prenatal pathological leave and the Post -notal pathological leave.

Pathological leave is a rest that is added to maternity leave. It is issued in case of Pathology linked to pregnancy and childbirth.

It is often granted in case of:

• Hypertension
• Gestational diabetes
• Risk of spontaneous abortion or premature delivery
• Excessive effort
• Thyroid pathologies
• Complications after childbirth …

It is important to note that these pathologies are treated according to the case. Only a doctor or gynecologist can grant him Depending on the state of health of pregnant women.

There are two types of pathological leave: pathological leave prenatal And Postnatal.

🚀 With factorial, it is possible to request three types of absence: holidays, leave for illness and maternity/paternity holidays. But, if these types of absences do not meet the specific needs of a company, factorial allows you to create further absences tailored to meet the unique needs.

Prenatal or postnatal pathological leave, what is the difference?

Both are connected to maternity leave, however, differ on some points.

Prenatal pathological leave

This is a Disease leave Prescribed by a doctor due to complications relating to pregnancy. THE Prenatal pathological leave It is reserved for employees in pregnancy that suffer from a health problem capable of disturbing pregnancy:

• Hypertension,
• threat of spontaneous abortion,
• Risk of premature delivery,
• gestational diabetes …

As a result, the collaborator has the obligation to rest total at home. It is therefore for the gynecologist or the general practitioner who follows the pregnancy to evaluate the employee’s state of health in order to therefore or not prescribe a prenatal pathological leave.

It can be ordered by the official pregnancy declaration. As the name suggests, prenatal pathological leave must necessarily be taken before childbirth. In no case can it be considered later.

How to benefit from a prenatal pathological leave?

It can be prescribed if the travel time to go to the company’s premises is too long or if the working conditions are not optimal for the future mother.

After the medical examination, the generic doctor or gynecologist give a leave due to illness that includes 3 components, with the mention «in relation to a pathological state deriving from pregnancy»:

• The first part is sent to the employer
• And the other two must be sent to the social security center within 48 hours.

Post -notal pathological leave

Postnatal pathological leave is a disease leave granted after the birth of the child for medical reasons related to the health of the newborn or childbirth. For example, it is prescribed in the case of post Christmas depression or complications following a difficult cesarean cut.

It should therefore be noted that the custody of the newborn and breastfeeding is not considered valid reasons. In addition, the various provisions are provided by the work code to facilitate breastfeeding for salaried mothers.

How to benefit from postnatal leave?

To benefit from postnatal leave, the dependent woman must attach a medical certificate to the registered letter he sends to his employer.

Three sheets constitute the notice of interruption of the work:

• One will be given to the employer
• And the other two must be sent to the health insurance fund (within 48 hours).

The employee concerned must remain at home during the postnatal pathological leave. A check can be carried out by social security to verify that this leave is not assigned by complacency.

➡️ Discover the parental presence leave

How long does pathological leave last?

The number of days of rest granted varies according to the type of pathological leave, if it is prenatal or postnatal.

THE Prenatal pathological pathological leave lasts 2 weeks (14 consecutive days) and must be taken before 6 weeks of prenatal leave to which salaried mothers are entitled.

THE Postnatal pathological leave has a duration of 28 consecutive days. It must necessarily be taken immediately after the maternity leave of 10 weeks and without interruption.

If these conditions are not satisfied, it becomes a normal disease leave. In both cases, the pregnant woman is forced to stay at home.

In addition to these periods, he will have to ask for leave for illness if his health does not yet allow her to return to work.

Calculation of pathological leave: what compensation?

In the same way as maternity leave, prenatal pathological leave or postnatal pathological leave is compensated for social security.

As for postnatal pathological leave, it is considered a normal disease leave. Consequently, the compensation received is 50 % of the basic daily salary (calculated on the basis of the average gross salary, within the limit of 1.8 times the minimum wage per month in force).

On the other hand, it is possible that the collaborator receives all his salary if the indemnities he receives are integrated by his employer. It all depends on the collective agreement to which your company adheres.

💡 nice to know : You prenatal pathological are better compensated for postnatal pathological leave. In fact, the mother or future salaried mother receive about 90-95 % of her usual salary. He also benefits from absolute protection against dismissal.

How is prenatal pathological leave calculated?

During a prenatal pathological leave, the employee in pregnancy perceives From 90 % to 95 % of its basic daily salary.

Let’s calculate this amount as follows:

1. From the gross salary of the last three months preceding the arrest date due to pregnancy or the last 12 months if it is a seasonal or unlikely work.
2. Therefore, the rate of flat rate of 21 %is applied, which corresponds to contributions and wage contributions (CSG and CRD).

However, it should be noted that it will be necessary to remain within the limit established by the social security for the current year. The monthly ceiling for the year 2021 is 3,428 euros.

If the employee has already been on leave for illness before his maternity leave, social security will be based on the last three months that have been really processed to determine the daily salary.

Once this basic salary is obtained, it will be necessary to deduce a rate of flat rate of 21 %, which corresponds to wage contributions (CRDS, CSG, etc.) and contributions.

To get an idea of ​​the amount of forecast of the daily allowances that could obtain, a simulator is available on Ameli.fr.

Recall that this amount can be different from one person to another, therefore the need to perform a simulation. However, this amount cannot exceed the monthly social security roof.

The daily allowances represent A maximum of € 100.36 January 1, 2024.

How is prenatal pathological leave?

The employer has the legal obligation to establish and transmit a salary certificate to the health insurance fund. The document will allow the insurance to calculate the rights of the insured to daily allowances.

The certificate must contain various important information:

• The names and surnames of the employer;
• The number of siret of the company;
• The company address;
• The reason for the work stop;
• The names and surnames of the employee;
• The address of the employee;
• The recording number of the employee (I was);
• The title of the employee’s professional or professional category;
• The date of the interruption of work;
• The amount of social contributions that are due for health insurance;
• The employee’s salary (which will act as a basis for the calculation of compensation).

Post -notal pathological leave: allowance

With regard to Post -notal pathological leaveIt is considered a normal disease leave. Therefore, The compensation received is 50 % of the basic daily salary (Calculated on the basis of the average gross salary, up to 1.8 times the minimum wage per month in force).

On the other hand, it is possible that the collaborator receives all his salary if the compensation he receives is integrated by his employer. It all depends on the collective agreement to which your company adheres.

What is the lack of pathological leave?

As a reminder, the waiting period is a period between the day of interruption of the employee’s work and the day on which he begins to receive compensation.

For a prenatal pathological leave, there is no deficiency period, the employee will be compensated by the 1st day. On the other hand, the waiting period of postnatal pathological leave is 3 days.

Formalities to be completed by the employer

The employer must respect some administrative formalities during a pathological leave. Must:

• Check the medical certificate that justifies the interruption of work relating to pregnancy.
• Declare the social security leave for the activation of the allowances.
• Maintain the documents relating to leave.
• Respect the obligations of protection of motherhood.

The employer must also maintain the contractual link with the employee and prepare for his resumption of work.
The employer must Establish a salary certificate at the beginning of the prenatal or postnatal pathological leave. This document is essential for the calculation of the daily allowances paid by the social security to the employee. The salary certificate must be sent to the primary health insurance fund (CPAM) within the legal deadlines.
In order for the employer to comply with the legal requirements and support its employee during this important period, it can automate these processes with the leave software integrated in the payroll.

Questions and answers on pathological leave

Can pregnant women benefit from prenatal pathological leave in case of fatigue?

At the end of pregnancy, most future mothers often feel exhausted and wonder if fatigue can be considered a valid model to obtain a prenatal pathological leave.

The latter is, in fact, possible, but it is not automatically granted. The first step is therefore to consult the doctor or gynecologist who followed the pregnancy to evaluate his conditions.

NB: SThere are other types of cases, do not hesitate to consult professional medicine.

Post -notal pathological leave: what rights for a liberal profession?

For a woman who practices a liberal profession, maternity leave can be extended with a maximum period of 30 days.

This is done on the medical prescription, in the event of a pathological state.

Therefore, an employee can benefit from:

• 15 days in the prenatal period,
• 15 days in the postnatal period
• Or another 15 days in the postnatal period, depending on his case and the doctor’s advice.

It should be remembered that the coverage of health costs (refund rate) will be the same for a worker in a liberal profession and for a salary worker.

For pamc (liberal professions of practitioners and approved medical auxiliaries), the duration is different.

The additional leave remains 14 days as for a salary worker, but to which 90 days can be added to the risk of illness.