2024-01-04 17:12:14
THE ESSENTIAL
A bill adopted by Parliament in June promotes better care following miscarriage, of which 200,000 French women suffer each year. The latter allows women who have suffered a natural termination of pregnancy to benefit from daily allowances without a waiting period during their sick leave. It also establishes a measure of protection once morest dismissal for patients who have lost a child during their pregnancy.
“Promote support for couples faced with a spontaneous termination of pregnancy.” This is the objective of the law promulgated on July 7, 2023. Indeed, on June 29, Parliament definitively adopted a bill allowing for better care following a miscarriage, of which 200,000 women are victims each year in France.
In the event of miscarriage, sick leave without waiting days has been offered since January 1, 2024.
This law establishes sick leave without a waiting day for women who have suffered a miscarriage. Thus, patients can obtain sick leave from their doctor without fear of having their salary deducted and be paid daily allowances from the first day of sick leave. As a reminder, in the private sector, “classic” sick leave involves three days of salary deduction and one day in the public sector. This measure has been applied since January 1, 2024. It concerns “insured people in the private sector, public sector employees, self-employed professionals and non-agricultural workers”, indicates the government on its site.
Women who have suffered miscarriage are more protected once morest dismissal
In addition, the senators introduced into the labor code a protection once morest dismissal of 10 weeks for women victims of a “late miscarriage”, which affects less than 1% of pregnancies. Clearly, employers will not be able to terminate the employment contract of an employee during the 10 weeks following the natural termination of a medically certified pregnancy which took place between the 14th and 21st weeks of amenorrhea inclusive. The latter will only be able to do so if they can prove serious misconduct on the part of the employee or their inability to maintain this contract. “A pregnancy terminated at 22 weeks of amenorrhea minus one day does not currently give rise to any protection, compared to 26 weeks of minimum protection in the event of termination of pregnancy from the 22nd week.”
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