Pregnancy and dismissal: what are your rights as a pregnant employee?
13 July 2026 · 4 min reading time
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A pregnant employee benefits from protection against dismissal, but this protection does not mean that terminating the employment contract automatically becomes impossible. It depends on when the dismissal takes place, the reason given by the employer and whether the employer was aware of the pregnancy.
However, one rule always applies: an employer cannot dismiss an employee because of her pregnancy, upcoming maternity leave or any constraints related to her condition. If the pregnancy influenced the decision, even indirectly, the dismissal may be declared null and void.
Can a pregnant woman be dismissed?
A pregnant woman can only be dismissed in very limited circumstances. The employer must be able to justify either serious misconduct unrelated to the pregnancy or an impossibility of maintaining the employment contract for a reason entirely unrelated to the pregnancy or childbirth.
Outside these two situations, dismissing a pregnant employee is prohibited once the pregnancy has been medically confirmed and the employer has been informed. The reason for dismissal must never be connected to the pregnancy announcement, a future absence, adjustments to the employee’s role or the organisation of her maternity leave.
For example, an employer cannot dismiss an employee because they believe her absence will disrupt the team, because they will need to replace her during maternity leave or because she announced her pregnancy at a time considered “inconvenient”. These reasons would be directly connected to maternity.
Protection periods during pregnancy and maternity leave
The protection granted to a pregnant employee varies depending on the period concerned. The French Labour Code mainly distinguishes between two levels of protection: qualified protection and absolute protection.
Qualified protection before maternity leave
Before maternity leave begins, a pregnant employee benefits from qualified protection. This means that dismissal remains possible, but only in the two circumstances provided for by law: serious misconduct unrelated to the pregnancy or an impossibility of maintaining the employment contract for a reason unrelated to the pregnancy.
The employer must therefore be able to demonstrate that the decision is based on objective evidence. A simple decline in business, a vague restructuring plan or difficulties caused by the employee’s future absence are not sufficient.
Absolute protection during maternity leave
During maternity leave, the protection becomes absolute. The employer cannot dismiss the employee, regardless of the reason. The dismissal cannot be notified or take effect during this period.
This absolute protection also applies during paid leave taken immediately after maternity leave, as well as during certain periods of sick leave related to a pregnancy-related medical condition or childbirth, within the limits established by the French Labour Code.
Protection after returning from maternity leave
After maternity leave, the employee remains protected for 10 weeks. During this period, qualified protection applies again: dismissal is only possible in cases of serious misconduct unrelated to the pregnancy or an impossibility of maintaining the employment contract for a reason unrelated to maternity.
This period is important because some employment terminations occur shortly after the employee returns to work. The employer cannot use the employee’s return from maternity leave as an opportunity to arrange a disguised dismissal or criticise her for her previous absence.
Table: when dismissal is permitted or prohibited
| Situation | Is dismissal possible? | Explanation |
|---|---|---|
| Pregnancy not yet disclosed to the employer | Apparently possible, but may be cancelled | The employee can send a medical certificate within 15 days of receiving the dismissal notification. |
| Pregnancy disclosed before the dismissal | Very limited | Only serious misconduct unrelated to the pregnancy or an unrelated reason making it impossible to maintain the employment contract may be invoked. |
| Maternity leave | No | The employee benefits from absolute protection throughout the entire maternity leave period. |
| Paid leave taken immediately after maternity leave | No | Absolute protection continues when the paid leave immediately follows maternity leave. |
| 10 weeks after returning to work | Very limited | The employee benefits from qualified protection. |
| Serious misconduct unrelated to the pregnancy | Yes, outside the period of absolute protection | The employer must prove the seriousness of the misconduct and demonstrate that it is unrelated to the pregnancy. |
| Redundancy | Possible in certain cases | The reason must be genuine, substantial and entirely unrelated to the pregnancy. |
| Normal expiry of a fixed-term contract or temporary work assignment | Yes | The contract ending on the agreed date does not constitute a dismissal. |
Dismissal before disclosing a pregnancy: the 15-day deadline
An employee may be dismissed while her employer is unaware that she is pregnant. In this situation, she has 15 days from the date on which the dismissal is notified to send the employer a medical certificate confirming the pregnancy.
When the certificate is sent within this period, the dismissal may be cancelled. This rule protects employees who had not yet disclosed their pregnancy or who only discover that they are pregnant after receiving the dismissal notification.
The letter should be sent by registered post with acknowledgment of receipt or delivered by hand in exchange for a receipt. To avoid any dispute, the employee should keep a copy of the medical certificate, the letter and the proof of delivery.
However, the dismissal will not be cancelled if it is based on serious misconduct unrelated to the pregnancy or an impossibility of maintaining the employment contract for a reason unrelated to the pregnancy or childbirth.
Is an employee required to disclose her pregnancy to her employer?
An employee is not required to inform her employer of her pregnancy as soon as she finds out. She can choose when she wishes to disclose it. In practice, however, informing the employer allows her to benefit from pregnancy-related rights, including protection against dismissal, authorised absences for medical examinations, possible adjustments to her role and any measures provided for by the applicable collective agreement.
The employer can be informed verbally or in writing, although written notification offers greater protection in the event of a dispute. In most cases, the employee provides a medical certificate confirming the pregnancy and stating the expected date of delivery.
An employer cannot penalise an employee for disclosing her pregnancy too late. Even when the role involves particular risks, failing to disclose the pregnancy immediately does not, in itself, constitute serious misconduct.
Dismissal after a pregnancy announcement: what the employer cannot do
Once the employer has been informed of the pregnancy, they must exercise particular caution. The dismissal decision cannot be based on the pregnancy, the employee’s upcoming absence, the need to replace her or organisational difficulties connected to maternity leave.
The employer also cannot criticise the employee for exercising her rights, such as attending mandatory medical examinations, requesting temporary adjustments to her role, reporting difficulties related to her condition or preparing to begin maternity leave.
Even when the employer provides another reason, the employee can challenge the dismissal if she believes the pregnancy played a part in the decision. The court will then examine the evidence submitted by both parties, including the sequence of events, written communications, performance reviews, the reason given in the dismissal letter and the general context surrounding the termination.
Serious misconduct and pregnancy: when can dismissal remain possible?
Serious misconduct can justify the dismissal of a pregnant employee, but only when it is entirely unrelated to the pregnancy. It must involve conduct serious enough to make it impossible for the employee to remain with the company.
However, the employer cannot classify conduct linked to the pregnancy or its consequences as serious misconduct. Increased tiredness, justified medical absences, a need for temporary adjustments or a late pregnancy announcement are not sufficient to establish serious misconduct.
The dismissal letter must be precise. It must describe the conduct concerned and explain why it is unrelated to the pregnancy. Vague reasoning or a justification connected, even indirectly, to maternity may weaken the employer’s case.
Redundancy and pregnancy: is it possible?
A pregnant employee may be made redundant, but the procedure is strictly regulated. The employer must demonstrate that the economic reason is genuine, substantial and independent of the pregnancy.
For example, the permanent closure of the company may make it impossible to maintain the employment contract. However, a simple restructuring intended to avoid temporarily replacing a pregnant employee cannot justify dismissal.
The employer must also comply with the applicable protection periods. Even when a valid economic reason exists, the dismissal cannot be notified or take effect during the period of absolute protection, particularly during maternity leave.
Probationary period and pregnancy: what changed in 2026
A probationary period can generally be terminated more freely than a confirmed employment contract. However, this freedom does not allow an employer to terminate the probationary period because of a pregnancy.
Following a judgment issued on 25 March 2026, the position is now more protective of pregnant employees. When an employer terminates a probationary period after becoming aware of the pregnancy, they must be able to demonstrate that the decision was based on objective and non-discriminatory evidence.
In practical terms, the employer cannot simply state that the probationary period was unsuccessful. They must be able to provide credible professional evidence, such as difficulties identified before the pregnancy announcement, unmet objectives, documented errors or a genuine mismatch between the employee and the role. The short amount of time between the pregnancy announcement and the termination may also be taken into account in the event of a dispute.
Fixed-term contracts, temporary work and pregnancy: the normal end of the contract
Pregnancy does not convert a temporary employment contract into a permanent contract. For a fixed-term contract, pregnancy-related protection does not prevent the contract from ending on the agreed date. When the contract reaches its scheduled expiry date, this does not constitute a dismissal.
However, an employer cannot terminate a fixed-term contract early because of the employee’s pregnancy. An early termination based on the pregnancy, the employee’s future absence or the organisation of her replacement may be challenged.
The same principle applies to temporary agency work. The normal end of an assignment on the date stated in the contract does not constitute a dismissal. However, an assignment cannot be terminated early because the temporary worker is pregnant. Both the host company and the temporary employment agency must respect the employee’s rights, particularly in relation to health, safety and non-discrimination.
For a pregnant temporary worker, it is therefore important to distinguish between three situations: the normal end of an assignment, the early termination of an assignment and the refusal to offer further assignments. Only the contract ending on the scheduled date does not, in itself, constitute discriminatory treatment.
Pregnancy and invalid dismissal: what remedies are available?
When a dismissal does not comply with the rules protecting pregnant employees, the employee can bring a claim before the French Employment Tribunal. She may request that the dismissal be cancelled, seek reinstatement within the company or claim compensation.
When the dismissal is declared null and void, the consequences are more serious than those of an ordinary unfair dismissal. The employee may be entitled to specific compensation, the applicable termination payments and, depending on the circumstances, payment of the salary she would have received during the protected period.
The employee may request reinstatement. If she does not wish to return to the company, or if reinstatement is impossible, the court may award increased compensation.
What should you do if you are pregnant and dismissed?
When an employee is dismissed during pregnancy, the first step is to determine which period applies: pregnancy before maternity leave, maternity leave, paid leave immediately following maternity leave, the period after returning to work or a probationary period.
If the employer had not yet been informed of the pregnancy, the priority is to send a medical certificate within 15 days of receiving the dismissal notification. This deadline is essential because it allows the employee to request that the dismissal be cancelled.
The dismissal letter should then be reviewed carefully. Certain details may indicate a connection between the dismissal and the pregnancy, such as references to the upcoming absence, criticism related to the pregnancy announcement, disruption within the department, difficulties arranging a replacement, reduced availability or difficulties maintaining the employee in her role.
In the event of doubt, the employee can contact a staff representative, a trade union representative, the French Labour Inspectorate or a lawyer. She can also bring a claim directly before the French Employment Tribunal. The earlier evidence is collected and preserved, the easier it will be to challenge a dismissal connected to the pregnancy.
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