• Pregnant women’s right during employment

    Posted by Zsolt Szemerszky on August 25, 2023 at 10:55 am

    You are legally protected during a medically-confirmed pregnancy and during maternity leave. An employer cannot use pregnancy as a reason to refuse to employ someone, terminate a contract of employment during a probationary period or transfer an employee to another post.

    In Monaco, you are not obliged to reveal that you are pregnant unless you are requesting to benefit from provisions to protect pregnant women.

    Once you have revealed your pregnancy, you should notify your employer, without any particular deadline, of:

    • the date of the start of your maternity leave
    • the date of your return to work

    The cessation of work during statutory maternity leave suspends the contract of employment for the corresponding period and is not grounded for a termination of the contract.

    You may request a temporary change of employment on health grounds. Your employer can also request this, following advice from an occupational doctor. There must be no decrease in remuneration if this request arises from your employer or if you have worked at the company for less than one year.

    Pregnant women may leave work five minutes before the agreed time with no reduction in salary. From the date of the start of your maternity leave you are entitled to various financial compensations. Maternity leave is calculated on a daily basis.

    In the case of deliveries before the expected date, there is no reduction in the total amount of maternity leave.

    In the case of a medical condition that is confirmed by a medical certificate, the maternity leave can be extended by two weeks before the expected delivery date, and by four weeks afterwards.

    As a pregnant woman and in cases of medically confirmed pregnancy, you can resign from your job without notice and without having to pay any penalties for resigning at short notice. However, the employer cannot terminate your contract during your pregnancy, maternity leave or up to four weeks after the end of this leave, except if:

    • he or she can prove that there is serious misconduct not linked to pregnancy
    • the company closes or reduces its activity
    • you have a fixed term contract that has expired

    In these cases, the dismissal must be notified to the Labour Inspector and will first be examined by the committee on dismissals and redundancy. A dismissal cannot take effect or be notified during the scheduled period of maternity leave, i.e. eight weeks before the expected date of delivery and eight weeks afterwards.

    If you are dismissed but your employer is not aware that you are pregnant, the dismissal can be cancelled. In such cases, you should send your employer a medical certificate certifying that you are pregnant. This should be sent by registered post with confirmation of receipt within 15 days following the notice of your dismissal.

    Zsolt Szemerszky replied 1 month ago 1 Member · 0 Replies
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