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In Saint-Malo, a restaurateur had the bad surprise to see that she will not be able to receive her maternity leave compensation, because she has returned to work 4 weeks after giving birth.
She can hardly believe it. In Saint-Malo, Brittany, a young mother has found herself in a complicated situation since the birth of her baby last June. The CPAM (Primary Health Insurance Fund) refuses to recognize her maternity leave and therefore, to pay her daily allowances. The reason ? Isabelle *, restaurateur, resumed her work "too soon", reports the actu.fr site.
Like her many fellow restaurateurs, she was faced with financial difficulties with the Covid-19 crisis. In order not to lose even more money, she had to reopen her restaurant earlier than planned. Especially since her husband is in the kitchen, the closure of the place penalizes all sources of income for the couple. “We had no choice, for financial reasons. My husband is in the kitchen and I serve. We do not have an employee and currently cannot afford to hire someone ", she explains. Before adding: “We had to close two and a half months because of the confinement. And we were only entitled to 1,500 euros for both. While we were left with our accrued liabilities and ROI, which was only carried forward. "
8 weeks minimum
However, according to the law, in order to receive compensation, maternity leave must have a minimum duration of 8 weeks. And this, for employees as for the self-employed. “I sent a letter to the CPAM to declare my maternity leave, explaining that I would only stop for four weeks. And I will fully understand that my leave is only paid for up to these four weeks. But the CPAM replied that my leave would not be paid for at all, because eight weeks off (at least) are mandatory! ", she says.
Isabelle was also unable to receive a replacement indemnity to hire an employee during her maternity leave. This assistance is in fact granted to "collaborating spouses" and she is the company manager. The new mother can only benefit from a daily break-in-work allowance, which is not enough to hire someone to replace her during her maternity leave. Isabelle and her husband can, if they wish, appeal the decision of the CPAM to the amicable appeal committee (CRA).
* alias