In France, pregnant employees are entitled to 16 weeks of paid maternity leave (congé maternité) — six weeks before the expected due date and 10 weeks after. The leave is extended to 34 weeks for a third child or more, and up to 46 weeks for multiple births. During the leave, employees receive daily allowances (indemnités journalières) from the health insurance system (CPAM).

Statutory entitlement

16 weeks of maternity leave (6 weeks prenatal, 10 weeks postnatal). Extended to 26 weeks for a third child (8 weeks prenatal, 18 weeks postnatal) and 34 weeks for twins (12 weeks prenatal, 22 weeks postnatal). Daily allowances from CPAM: 100% of daily reference salary up to the social security ceiling.

Eligibility

All pregnant employees are entitled to maternity leave. To receive daily allowances, employees must have worked at least 200 hours in the three months before the leave or have contributed at least six months to health insurance.

Employer obligations

  • Grant maternity leave of at least 16 weeks (or the extended duration for additional children or multiples).
  • Maintain the employee's position and all employment terms during maternity leave.
  • Pay the difference between daily allowances and the employee's full salary if required by a collective agreement (convention collective).
  • Protect the employee from dismissal during the entire period of maternity leave.
  • Allow paid time off for mandatory antenatal medical examinations (seven examinations during pregnancy).
  • Conduct a risk assessment and adjust working conditions if necessary for the health of the mother and child.

Employee rights

  • Right to 16 weeks (or more) of paid maternity leave.
  • Right to daily allowances from CPAM at 100% of the reference salary up to the ceiling.
  • Right to paid time off for antenatal examinations.
  • Right to return to the same or an equivalent position after maternity leave.
  • Right to protection from dismissal throughout maternity leave.

Common pitfalls

  • Not checking the applicable collective agreement — many conventions collectives require the employer to top up maternity pay to full salary.
  • Failing to account for the extended leave for multiple children — the duration increases with the third child.
  • Employing the employee during the mandatory prenatal leave — the two weeks before birth are strictly protected.

How maternity leave is structured

Maternity leave is split into a prenatal period (before birth) and a postnatal period (after birth). The standard duration is 16 weeks (6 prenatal + 10 postnatal). For a third child, it extends to 26 weeks. For twins, it is 34 weeks, and for triplets, 46 weeks.

Daily allowances from CPAM

The CPAM pays daily allowances based on the employee's average earnings over the three months before the leave, up to the social security ceiling. Many collective agreements require employers to maintain full pay by topping up the difference.

Postnatal leave is mandatory

The postnatal period (minimum 8 weeks) cannot be shortened or transferred to the prenatal period. This is a health and safety protection for both mother and child.

Frequently asked questions

Can an employee work during the prenatal leave?

An employee can choose to work during the two weeks before birth (reducing prenatal leave), and these unused days are added to the postnatal period. However, the postnatal period cannot be shortened below 8 weeks.

Is the employer responsible for paying maternity leave?

The primary payment is from the CPAM (health insurance). However, many collective agreements require the employer to maintain full pay, meaning the employer tops up the difference.

What happens to annual leave during maternity leave?

Annual leave continues to accrue during maternity leave. Employees can take their accrued annual leave before or after maternity leave.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.