New periods of protection against dismissal

Two new cases of protection against dismissal were introduced by law 2023-567 of July 7, 2023 and the law 2023-622 of July 19, 2023 . These new protections respectively entered into force on July 9, 2023 and July 21, 2023. From now on, according to the new article L. 1225-4-3 of the Labor Code, it is no longer possible to terminate the employment contract of an employee during the ten weeks following a medically certified spontaneous termination of pregnancy which took place between the fourteenth and the Twenty-first week of amenorrhea included. In other words, an employee who suffers a miscarriage between the 14th and 21st weeks of amenorrhea benefits from this protection for the 10 weeks following the termination of the pregnancy. In the same way, according to the new article L. 1225-4-4 of the Labor Code, it is no longer possible to terminate an employee's employment contract during parental leave. This protection also applies during periods worked when this leave is split or taken part-time. However, these two protections are waived if the employer justifies serious misconduct on the part of the person concerned or their inability to maintain the contract for a reason unrelated to that of the protection. Furthermore, the aforementioned law of July 7, 2023 removes the waiting period for receiving IJSS in the event of miscarriage having occurred before the 22nd week of amenorrhea.