Dismissal of a pregnant or maternity worker

Verified 26 March 2025 - Directorate for Legal and Administrative Information (Prime Minister)

An employee who is pregnant or on maternity leave shall be protected against dismissal. During maternity leave and during paid leave taken immediately after maternity leave, the employer is prohibited from dismissing her. The employee is entitled to so-called protection absolute. Outside these periods, the employer may dismiss the employee, but only for certain reasons. It then benefits from so-called protection relative. We're doing an update on the regulations.

It exists 2 periods relative protection against dismissal.

1st period

Relative protection begins as soon as the employee has informed her employer of her pregnancy.

This 1re The period ends when the employee starts her maternity leave.

2nd period

Relative protection is 10 weeks. It begins:

  • Either at the end of maternity leave
  • Either at the end of the paid leave taken immediately after maternity leave if they exist.

Yeah. Yeah. During these periods, dismissal is possible, although limited.

The employer will have to show proof of a gross negligence or a inability to retain the contract of employment for a reason foreigner to maternity (for example, closing the company permanently).

If the employer is unable to maintain the employment contract, the letter of dismissal must it is mandatory to specify the reasons which make it impossible to maintain.

Please note

The father of the child shall also be entitled in his company to relative protection against dismissal.

During maternity, the employee is granted absolute protection against dismissal.

This period shall cover the whole of maternity leave, than the employee use or non-use of such leave.

The period of absolute protection against dismissal also covers a work stoppage linked to the pathological condition of pregnancy certified by a medical certificate.

The pathologic condition may precede the presumed date delivery or after delivery, or both.

The duration of maternity leave is then increased. This increase is limited to 2 weeks before and 4 weeks after.

Absolute protection covers all of the following periods:

  • Maternity leave
  • Disorder-related work stoppage before maternity leave within 2 weeks
  • Discontinuation of work due to a medical condition after maternity leave within 4 weeks.

Absolute protection also applies during paid leave taken immediately after maternity leave (possibly plus pathological leave).

Noduring maternity leave and the entire period of absolute protection, the employer can't fire the employee, whatever the reason.

However, it is possible, if the employer and the employee agree, to terminate the contract by conventional break.

Please note

During this period, the employer may not summon the employee to a pre-dismissal interview.

Pregnant employees are not required to inform their employers of their condition.

However, in order to benefit from protection against dismissal, this information is essential.

The steps for this information differ depending on whether the employer already has notified dismissal or not.

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General case

In order to benefit from protection against dismissal, the employee sends her employer a medical certificate justifying her pregnancy. The certificate shall state the presumed date of delivery.

This letter is sent by registered letter with notice of receipt.

Please note

Where it is undisputed that the employer was aware of the employee's pregnancy, protection against dismissal applies.

The employer notified the dismissal without knowing that the employee is pregnant

It is possible that the employee may be dismissed even though she had not yet informed her employer of her pregnancy.

In such cases, the person may provide a medical certificate attesting to the condition. The certificate shall state the presumed date of delivery.

In order to obtain the cancelation of the dismissal by the employer, this letter must be sent within 15 days that follow the notification of dismissal.

After this period, the employee can no longer exercise this right.

The mail is sent by registered letter with notice of receipt or delivered against receipt.

Example :

Dismissal is notified to the employee on 19 March. The employee has until April 3 inclusive to send the mail.

FYI  

Dismissal shall not be canceled if the reason for dismissal is serious misconduct or failure to maintain the contract.

Where the employer dismisses the employee without respecting the periods of protection, dismissal can be canceled. The employee must enter the prud'homme council.

If the employee so requests, she can be reinstated to her job.

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