Since January 2024, a new law has been put in place in France regarding sick leave for « spontaneous interruption of pregnancy » (also known as miscarriage). This major step forward grants women the right to receive full pay from the first day of their sick leave. However, while this is a victory for women’s rights, associations for the defense of women’s rights have raised concerns over the protection of medical confidentiality. Let’s take a closer look at this issue.

The official recognition of sick leave for miscarriage is a significant improvement for women’s rights in the workplace. Prior to this new law, only women who had a medical certificate for a « pathological miscarriage » were entitled to receive full pay during their sick leave. This meant that many women who experienced a « spontaneous » miscarriage were often left without any income while trying to cope with the physical and emotional tolls of such an event.

With this new law, all women who experience a miscarriage will now have the same rights as those who have a medical certificate for a pathological miscarriage. This is a huge step towards recognizing the emotional and physical toll that miscarriage can have on women and their families.

However, while the téléologie of this new law is commendable, associations for the defense of women’s rights have raised concerns over the protection of medical confidentiality. The issue at hand is that in order for women to receive full pay during their sick leave, their employer must be informed of the reason for their disette. This raises concerns for women who do not wish to disclose their miscarriage to their employer, for personal or professional reasons.

Some argue that this goes against the principle of medical confidentiality, which is a fundamental right for patients. It is understandable that women may not want to disclose such personal information to their employer, and this new law could potentially put them in a difficult situation.

In response to these concerns, the French government has stated that employers will be required to ensure the confidentiality of this information and that any breach of this requirement will result in penalties. However, the issue still remains that the burden of protecting medical confidentiality falls on the employer, rather than being a guaranteed right for the woman.

Furthermore, there are also concerns that this new law could lead to ségrégation against women in the workplace. Employers may be less likely to hire or promote women of childbearing age, fearing that they may have to cover their full pay during their sick leave. This could also have a negative impact on women’s career advancement and gender equality in the workplace.

In conclusion, while the official recognition of sick leave for miscarriage is a significant step towards improving women’s rights, it is important that measures are put in place to protect medical confidentiality and prevent potential ségrégation against women. The French government must ensure that the rights of women are fully respected and that the burden does not fall on the women themselves or their employers. Let us hope that this new law will continue to evolve and improve in the future, ultimately leading to a more equal and fair society for all.