Giving birth in Monaco
Monaco is very protective and well equipped for supporting the growing families.
As soon as a pregnancy is confirmed during the first examination, the doctor completes a declaration of pregnancy which will be sent to welfare bodies. From this moment on you can be entitled to various benefits and compensations. However you are not obliged to inform your employer about your pregnancy. You may inform your employer of your pregnancy whenever you want.
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.
GIVING A BIRTH
One of the most common choice for the delivery of the baby is the state run Princess Grace Hospital (CHPG, Centre Hospitalier Princesse Grace).
After giving birth to a new life the family has four days to declare the birth at the Mairie de Monaco (Town Hall). When you declare the birth in order to apply for childbirth allowance the Mairie de Monaco gives you a standard letter. By this time you also need to be sure about the name of the new come.
It is a very important thing to know that giving birth to a child in the territory of the Principality of Monaco does not mean that the child automatically receives the Monégasque nationality.
Based on law the following has Monégasque nationality:
- any person born in Monaco or abroad of a Monégasque father
- any person born in Monaco or abroad of a mother born Monégasque who still had this nationality at the time of the birth and of an unknown father;
- any person born in Monaco of unknown parents.
With regards to legitimate offspring, Monégasque nationality is passed on without it being necessary to fulfil any other condition; on the other hand, in the case of natural offspring, this handing-on of nationality only takes place if the child is recognized or legitimized by marriage of its parents.
Right after the birth you are obliged to inform the authorities of the birth and the change in your circumstances. If you are not Monégasque citizen you have to declare the birth at the Embassy of your country of origin.
After the maternity leave and the allowances you can continue in the same work or similar work with remuneration that is at least equivalent. Your rights relating to length of service are not affected.
If you decide not to return to work, you must tell your employer through a registered letter with confirmation of receipt 15 days before the end of your maternity leave. This resignation is exempt from the usual notice period.
During the following year, you can request to return to work through a registered letter with confirmation of receipt. Your employer is obliged to re-employ you as a priority within a deadline of one year, in a post suited to your qualifications. If you are re-employed, your employer must afford you all the benefits that you were entitled to before your departure.
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