The new regulations on maternity leave, which came into force retroactively on March 1, provide for an expansion of the list of absence periods that can be equated with work.
These changes may impact the ongoing maternity leave of your employees.
This new regulation applies to all female employees whose maternity leave began on or after March 1, 2020.
Equated periods
Through this change, the following periods of absence occurring from the sixth week up to and including the second week before childbirth are equated with periods of work for the extension of the leave;
- incapacity for work (illness or accident)
- temporary unemployment due to force majeure (workers and employees)
- temporary unemployment due to economic reasons for employees
- complete work removal (when the occupational physician has removed your pregnant employees from work due to exposure to occupational risks, such as manual lifting of loads, or biological or chemical risks for which no adapted work or reassignment is possible).
The period of illness, work removal, or temporary unemployment from the 6th week up to and including the 2nd week before childbirth, is transferred to the maternity leave (after the 9 weeks of postnatal leave).
In other words, if these absences occur during the prenatal period, they no longer shorten the right to leave.
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