Maternity leave for expat women: What are your legal rights?

Maternity leave: What the law says

The first question to ask is a simple one: does maternity leave exist in the host country? Fortunately, most countries around the world have adopted maternity leave legislation. However, a few exceptions remain. Maternity leave does not exist as a statutory right in countries such as the United States, Papua New Guinea, the Marshall Islands and Micronesia.

The case of the United States

In the United States, maternity leave is not a federal right. Federal law merely allows eligible mothers to take up to 12 weeks off work for “family reasons,” provided they have worked full-time for at least one year in a company employing more than 50 people. This leave is unpaid.

As a result, maternity leave conditions vary widely depending on state legislation and company policies. Some states, including New York and California, have introduced frameworks that provide maternity leave protections. Certain employers also offer maternity leave benefits on a voluntary basis.

Legal provisions commonly found worldwide

Most countries apply similar or closely aligned legal provisions. Typically, the law guarantees the following:

The right to maternity leave: Expat women must be able to take their full maternity leave and are not expected to work during this period. Even responding to professional emails or phone calls is considered work and should not be required.

The duration of paid maternity leave: The law sets the duration, which varies significantly across countries. It may be as short as 2 months in Tunisia, 3 months in Iceland, and 5 months in Tunisia. In Malta, Japan and Germany, maternity leave lasts 14 weeks. It extends to 16 weeks in Austria, Spain and the Netherlands. In some countries, it can reach 52 weeks, including Denmark, Canada, the United Kingdom, Albania and Croatia, and even 60 weeks in Sweden.

Exceptions and extensions: Legislation generally allows for extended leave in cases of difficult pregnancies or when there is a medical risk to the mother and/or the child.

Compensation conditions: Compensation rules differ depending on whether the expat woman is employed. Some countries provide a short period of paid leave followed by a longer unpaid leave. This is the case in New Zealand, which grants 14 weeks of paid maternity leave followed by 38 weeks of unpaid leave.

Compensation rates: The level of maternity leave compensation varies from one country to another.

Return-to-work conditions: Expat women must be able to return to the position they held before maternity leave. They should not face pressure or discrimination from their employer upon returning to work.

Example: Mexico

Mexican law provides for 12 weeks of maternity leave, divided as follows: six weeks before childbirth and six weeks after. Maternity leave arrangements are flexible and can be adjusted depending on individual circumstances. For example, it is possible to take the entire leave after childbirth or to extend the prenatal leave period.

To be approved, such adjustments must be recommended by a physician, validated by the Mexican Social Security Institute (IMSS), and negotiated with the employer. Employers are responsible for ensuring that their employees are properly registered with the IMSS.

During maternity leave, expatriate employees receive their full salary. Payments are made partly by the IMSS (60%) and partly by the employer (40%). Mexican law also provides for an extension of paid maternity leave in cases of difficult pregnancy or health complications. For this extension to take effect, it must be approved in advance by an IMSS-accredited physician.

It is also worth noting that upon returning to work, employees are entitled to a paid breastfeeding break: 30 minutes per day for six months.

Protection of employee rights

Mexican law guarantees the protection of both local and expatriate employees' rights:

• Job security: An employer may not use pregnancy as grounds for dismissal.
• Return to work: Expatriate employees have the right to return to their position after maternity leave. Employers may not demote them.
• Safe working environment: Pregnant employees are entitled to work in a safe environment. This includes appropriate workspace conditions. Office furniture and equipment must be suitable for pregnant employees and must not endanger either the mother or the child. When necessary, employers are required to make reasonable adjustments to protect pregnant employees.

Example: France

In France, maternity leave includes both prenatal leave (before birth) and postnatal leave (after birth). It generally lasts 16 weeks for the first two children, consisting of six weeks of prenatal leave and ten weeks of postnatal leave. For a third child, maternity leave extends to 26 weeks.

Maternity leave is longer for multiple births: 34 weeks for twins and 48 weeks for triplets. French law is designed to be flexible. The durations and division between prenatal and postnatal leave depend on individual circumstances, including the type of job held, family situation and pregnancy conditions (standard or high-risk pregnancies). As a result, it is entirely possible to adjust leave days according to personal needs.

Compensation during maternity leave

Under certain conditions, expatriate women may receive compensation during maternity leave in France. If they work in France, they must be affiliated with the national health insurance system.

To qualify for maternity benefits, employees must meet one of the following criteria:

• Be affiliated with the French social security system for at least six months.
• Have worked at least 150 hours during the three months preceding the pregnancy.
• Have worked at least 600 hours during the 12 months preceding the pregnancy.
• Have earned the equivalent of 1,015 times the hourly minimum wage (€9.40 net) over the past six months, or 2,030 times the hourly minimum wage over the past 12 months.

These conditions are not cumulative. If eligible, no supporting documents are required from the employee: the employer informs the health insurance authority directly of the maternity leave. However, expat women who are unemployed at the time of pregnancy must prove prior employment to receive compensation. Those who have been unemployed without benefits for more than one year, or who have stopped working for more than one year, are not entitled to daily maternity benefits.

How can expatriate women protect their rights?

Some expat women hesitate to inform their employer about their pregnancy, fearing discrimination. In practice, there can be a gap between legal protections and workplace realities. As a general rule, pregnant employees are not required to inform their employer of their pregnancy. They are free to disclose it or not.

However, employers must be informed before maternity leave begins, as they are responsible for contacting the relevant social security or insurance body.

If the employee continues working during pregnancy, she must be allowed to attend medical appointments. Employers are responsible for ensuring her safety and adapting her workspace if necessary.

Expat health insurance: pay close attention to coverage options

It is strongly recommended to review the host country's public health insurance rules and the terms of any private health insurance policy as early as possible. If having a baby is part of a long-term plan, these checks can even be carried out before the move.

Depending on the country, pregnancy and childbirth can be very expensive, even when some benefits are available. Moreover, private health insurance policies do not all cover pregnancy and maternity leave in the same way. Some only offer limited support in cases of high-risk pregnancy or illness.

Pregnancy involves many critical considerations: the mother's and the child's health, epidurals, cesarean sections, potential health risks, medical evacuation if necessary, and the care of premature babies. Choosing health insurance that fully covers all aspects of pregnancy is therefore essential.