In a decision dated September 19, 2018, the French Supreme Court reasserted its position, stating that an employee on maternity leave could not claim for the payment of a premium if she ceased to meet the eligibility conditions.
In this case, the employer had established a bonus conditional to the active and effective participation of the employee to a specific activity, which was the training of foreign affiliates in order to transmit specific know-how.
Even if the employee had benefited from this bonus for months before the suspension of her employment contract, the judges confirmed that she could no longer claim for the bonus during her maternity leave as she no longer fulfilled the conditions of eligibility. The premium was conditioned to the active participation of training employees belonging to a foreign affiliate, and excluding her from payment of such a bonus was in no way discriminatory as the conditions of payment thereof were objective, measurable and lawful.
The French Supreme Court., 19 September 2018 n°17-11618