D3a7 - May the probationary period be suspended?

Suspension of a probationary period is envisaged in the event of supervening pregnancy in the case of a contract of indeterminate duration (CDI).

In fact, where a pregnant employee is bound by a CDI containing a probationary clause, the probationary period is suspended from the day of delivery to the employer of the medical certificate attesting to the pregnancy until the commencement of maternity leave. The fraction of the probationary period remaining to run at that time resumes upon expiry of a period of 12 weeks after birth takes place.

Despite suspension of the probationary period, the employee continues to work until the commencement of her maternity leave; however, that period of work may not be classified as a probationary period.

During that period of suspension (from the day of delivery to the employer of the medical certificate attesting to the pregnancy, until expiry of a period of 12 weeks after birth takes place), the employee is protected against dismissal.

Under a fixed-term contract of employment (CDD), the employment contract expires normally at the end of the contractual period initially provided for, despite the employee becoming pregnant. In such cases, there is neither suspension of the probation period nor extension of the CDD beyond the contractual period.

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