Dismissal of a pregnant or maternity worker

Verified 13 October 2023 - Directorate for Legal and Administrative Information (Prime Minister)

A female employee enclosure or maternity leave is protected against dismissal.

During its pregnancy status and after maternity leave, the employer can, depending on the reason, lay off the employee. Its protection against dismissal is relative.

During the maternity leave, the employer can't fire the employee. Its protection against dismissal is absolute.

We're doing an update on the regulations.

Information to the employer about the state of pregnancy is essential to benefit from protection against dismissal.

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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.

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 this case, she can send her a medical certificate justifying her pregnancy. The certificate shall state the presumed date of delivery.

This letter can be sent by registered letter within 15 days of notification of dismissal.

The dismissal will then have to be canceled.

It exists 2 periods relative protection against dismissal.

1re period

The 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.

2nde period

Relative protection is 10 weeks. It begins:

  • Either at the end of maternity leave
  • Or at the end of paid leave taken immediately after maternity leave, if any.

Yeah. Yeah. During this period, dismissal is possible only in the case of gross negligence or if the employer is in the inability to continue the contract of employment on a foreigner ground at 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.

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.

Please note

It 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 follows this increase.

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

No, during maternity leave and the entire period of absolute protection, the employer cannot dismiss the employee, whatever the reason.

Please note

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

Where the employer dismisses the employee without respecting the periods of protection, dismissal can be canceled. The employee must refer the matter to the Labor Council.

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

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