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In France, legislation does not specifically provide for leave for women who have suffered a miscarriage, leaving companies free to decide whether or not to grant rest. However, more and more organizations are adopting measures to support these women.
In France, from a professional perspective, the subject of leave for a miscarriage is not really one. Indeed, the law provides almost nothing on the question of granting leave days to women who experience this ordeal. Therefore, companies faced with employees in this situation are not obligated to grant days of rest.
However, some levers can be activated to support these women. More and more organizations are playing along. In the rest of this article, we present everything you need to know on the subject and on what can be put in place to meet the needs and expectations of those concerned.
A relatively frequent phenomenon (perhaps even much more than we think), miscarriage, which is characterized by the loss of the embryo or fetus during pregnancy, affects 10 to 15% of the total number of confirmed pregnancies. This generally occurs within the first 12 weeks. An extremely high figure therefore.
These occur (or can occur) for many different reasons. The most common factor remains that of age. Women aged 35 years or older are those who present the greatest risks. Other factors, of a more personal or medical nature (illnesses, medical history) will also have an impact.
Unfortunately, the number of studies making it possible to determine the quantity of women who have a miscarriage, per year, remains too anecdotal. However, it is estimated that between 150,000 and 200,000 occur.
These events, often complicated to manage for families preparing to welcome a new arrival, the physical or psychological consequences are quite numerous (pain, stress, feelings of loss and guilt...).
It is therefore essential, if this happens, to be followed by a doctor, or even by a psychologist, if the shock is perceived as being too brutal.
What about the situation in France, regarding leave for miscarriage? What does the law say? In fact, is it applied and respected?
In France, there is no, according to the current state of legislation, leave specifically allocated to women who have just experienced a miscarriage. However, they may benefit from a medical certificate that will be prescribed directly by their doctor or gynecologist.
In the context of a classic pregnancy, the Labor Code provides for maternity leave of at least 16 weeks. This can, however, be extended in the case of multiple pregnancy or medical complications resulting in work incapacity and a need for rest.
However, women who have suffered a miscarriage before the end of the 22nd week of their pregnancy will not benefit from this leave. On the other hand, if they have been hospitalized for at least two days, they can benefit from regular sick leave, without a waiting period.
Increasingly, however, the question of leave granted in case of miscarriage is being raised. Whether in social dialogue or among employers, many voices are raised in favor of more support for all those who experience this painful ordeal.
As a result, large groups are positioning themselves and announcing initiatives in this area. This is particularly the case of the group L'Oréal which has offered since 2018 two days of paid leave for early miscarriage (before 12 weeks of pregnancy) and five days for late miscarriage (between 12 and 22 weeks of pregnancy).
At the political level, the situation is also evolving. Since January 1, 2024, in case of spontaneous termination of pregnancy, it is possible to benefit from a sick leave without application of the waiting period. A woman will thus be entitled to payment of her non-working days, directly via Health Insurance.
Another protective measure, a bill proposal which provides for granting women who have suffered a miscarriage 3 days of leave, has been in the works since February 2022. The partner of the pregnant woman is also involved. Thus, it is the couple as a whole that will benefit from this text, even if for now, no vote has been taken by the legislator.
For a woman, victim of this complicated period, the stakes of recognizing the miscarriage and granting associated leave days are very important.
First, it makes it possible to recognize this ordeal as being a "true" medical event allowing for more serious treatment (particularly regarding its short, medium and long-term consequences).
Allowing women to rest and recover from such a situation allows us to support them in their quest to improve their health and well-being. Returning too quickly can impact both professional and personal life. It is therefore essential to take care of yourself.
Finally, recognizing miscarriage by proposing associated leave makes it possible to break the taboo surrounding this social issue. Indeed, it is not uncommon for a person going through this ordeal to feel both isolated and stigmatized. This therefore makes it possible to limit the social impact of such an event and to allow those least sensitive to it to have a better understanding.
In the end, taking into account miscarriage in the business world is a true societal issue. The stake for affected employees is real, whether at the personal or professional level, it therefore seems essential that the question of leave days be settled internally, because the law provides absolutely nothing in this regard.
And solutions exist!
Beyond the leave days we mentioned, companies can also support women at the medical or psychological level. This could, in time, help promote recognition of miscarriage and thus treatment at the political level.
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