Can pregnant women work overtime?

According to article L. 336-1 of the Labour Code, pregnant and breastfeeding employees are not obliged to work overtime. They therefore have the right to refuse to work hours outside of their normal working hours, as set out in their employment contract.

Are pregnant employees required to work at night?

Pregnant women may not be obliged to work between 10:00 p.m. and 6:00 a.m. when, in the opinion of the competent occupational physician, this could compromise her safety or health.

The same applies to a nursing mother until the date of the child’s first birthday.

In such cases, employees must apply to their employer for exemption from night work, who will forward the application to the competent occupational physician for an opinion.

If the occupational physician is of the opinion that an exemption from night work is necessary from the point of view of the employee’s safety or health, the employer is obliged to transfer the pregnant or breastfeeding woman to a daytime job, keeping her previous salary, for the entire period necessary to protect her health or safety.

The employer is reimbursed for any difference in outlay between a night shift and a day shift.

If a transfer to a daytime job is not technically and/or objectively possible or cannot reasonably be required for duly justified reasons, the employer, on the advice of the occupational physician, shall exempt the pregnant or breastfeeding woman from working for the entire period necessary to protect her health or safety. During this period, pregnant or breastfeeding women are entitled to payment of the maternity allowance from health and maternity insurance.