France: The Statutory Obligation to Award Pay Rises During Maternity Leave Only Applies at the End of the Maternity Leave

In accordance with Article L.1225-26 of the French Labour Code, an employee on maternity leave or adoption leave must benefit from any collective pay rise granted to all employees as well as an individual pay rise equal to the average pay rise granted to employees in the same professional category or, if there is no such category, the average pay rise granted to all employees.

According to this case law, such pay rise only needs to be applied after the employee returns from maternity or adoption leave i.e., not at the time such pay rises are granted to other employees. Although this ruling does not state this explicitly, it would appear that if the employee in question takes parental leave immediately following a maternity or adoption leave, the pay rise only needs to be granted after the employee returns from parental leave. In this case, it should be noted that only the pay rises that occurred during the maternity or adoption leave must be considered and not those that occurred during the parental leave.

Key Action Points for Human Resources and In-House Counsel

Ensure you apply the necessary pay rises when an employee returns from maternity or adoption leave. Such employees are also entitled to a “return to work” meeting that must be properly documented.