Pathological leave: when is it prescribed?

In addition to maternity leave, future mothers can benefit from a pathological leavealso called prenatal or postnatal pathological leave. It is the doctor who follows the pregnant woman who can prescribe this particular leave. It is intended for women who have medical complications during pregnancy or following childbirth. What are the medical reasons that give the right to pathological leave? How long does it last? Is it considered sick leave? What is the compensation for this type of leave?

What are the conditions for benefiting from prenatal pathological leave?

Pregnant women who suffer from a health problem related to pregnancy or following childbirth, and which can harm the health of the mother-to-be and the baby, can benefit from a pathological leave that must be certified by a medical certificate. By this we mean some pregnancy complicationslike a venous thromboembolisma risk of pre-eclampsia or premature delivery.

How long is the pathological maternity leave?

The duration of the pathological leave is a maximum of 14 days, which can be taken all at once or several times. It can be granted from the declaration of pregnancy, and can go up to 4 weeks during the prenatal leave period, indicates the Ministry of Economy website.

Is pathological leave added to the duration of maternity leave?

Yes. The Labor Code stipulates it in thearticle L1225-1 : “When a pathological condition is certified by a medical certificate as resulting from pregnancy or childbirth, maternity leave is increased by the duration of this medical condition within the limit of two weeks before the presumed date of delivery and four weeks after the date thereof.

Beyond the 14 days of pathological leaveyou will need to take sick leave if you do not feel well during the rest of your pregnancy.

Is pathological leave considered as sick leave?

The pathological leave is considered as sick leave or work stoppage, “in connection with a medical condition resulting from pregnancy”specifies an Améli adviser on a health insurance website forum.

What compensation for pathological leave?

A compensation is provided for in the event of pathological leave. THE maximum amount of daily allowances Social Security is equivalent to that paid for maternity leave for employees, i.e. on January 1, 2023 95.22 euros per day, “before deduction of 21% charges”, indicates the website of the Health Insurance.

The young mother can also benefit from a postnatal pathological leave. It can be prescribed by a doctor, only for cases directly related to childbirth, a difficult cesarean section for example. It lasts maximum 4 weeks and must be taken all at once, following the ten-week postnatal maternity leave.

However, unlike the prenatal pathological discharge, this time, daily allowances correspond to half your salary. They can nevertheless be supplemented by your employer, according to your collective agreement. So check with your company.