Chapter V: Maternity, paternity, adoption and bringing up children

An employer may not take a woman’s state of pregnancy into consideration in refusing to take her on, in terminating her employment contract during a trial period or, subject to a temporary assignment carried out in accordance with the provisions of articles L. 1225-7, L. 1225-9 and L. 1225-12, in transferring her employment. It is therefore forbidden to seek or have sought any information concerning the state of pregnancy of…

A female job applicant or employee is not required to disclose her pregnancy, except where she requests the benefit of the legal provisions relating to the protection of pregnant women.

When a dispute arises over the application of articles L. 1225-1 and L. 1225-2, the employer must provide the court with all the information required to justify its decision. If there is any doubt, the pregnant employee will benefit from it.

Articles L. 1225-1, L. 1225-2 and L. 1225-3 are applicable to employees receiving medically assisted procreation in accordance with Article L. 2141-2 of the Public Health Code.

No employer may terminate an employee’s employment contract if she is medically pregnant, during all the periods of suspension of the employment contract to which she is entitled by virtue of maternity leave, whether or not she avails herself of this right, and by virtue of paid leave taken immediately after maternity leave, as well as during the ten weeks following the expiry of these periods. However, the employer may…

No employer may terminate an employee’s employment contract during the ten weeks following the birth of the child. However, the employer may terminate the contract if he can prove that the employee is guilty of serious misconduct or that it is impossible to continue the contract for reasons unrelated to the arrival of the child.

No employer may terminate an employee’s employment contract during the thirteen weeks following the death of the employee’s child under the age of twenty-five or of the person under the age of twenty-five for whom the employee has actual and permanent responsibility. However, the employer may terminate the contract if it can prove that the employee is guilty of serious misconduct or that it is impossible to continue the contract…

No employer may terminate an employee’s employment contract during the ten weeks following a medically certified spontaneous termination of pregnancy between the fourteenth and the twenty-first week of amenorrhoea inclusive. However, the employer may terminate the contract if he can prove that the employee is guilty of serious misconduct or that he is unable to continue the contract for a reason unrelated to the spontaneous termination of pregnancy.

No employer may terminate an employee’s employment contract during the parental presence leave provided for in article L. 1225-62 or during periods worked if the parental presence leave is split or taken on a part-time basis. However, the employer may terminate the contract if it can prove that the employee is guilty of serious misconduct or that it is impossible to continue the contract for a reason unrelated to the…

An employee’s dismissal is cancelled if, within fifteen days of being notified of the dismissal, she sends her employer a medical certificate stating that she is pregnant, in accordance with the conditions determined by regulation. These provisions do not apply when the dismissal is for serious misconduct unrelated to the pregnancy or because it is impossible to continue the contract for a reason unrelated to the pregnancy or childbirth.