Source date: 2026-04-13
Probationary Period Termination and Pregnancy: Case Law Changes the Game Published on April 14, 2026 - Entreprendre Service Public / Directorate for Legal and Administrative Information (Prime Minister's Office)
In a ruling issued on March 25, 2026, the Court of Cassation provided clarification on the validity of terminating a contract during the probationary period of a pregnant employee. Here are the details.
After her probationary period was extended, an employee announced her pregnancy to her employer. Two months later, the employer terminated her probationary period. The employee took legal action, arguing that the reason for her contract termination was linked to her pregnancy; in other words, the employer acted based on discriminatory grounds. She requested that the employer prove that this termination was due to objective reasons unrelated to her pregnancy.
The Court of Appeal ruled against the employee. In its view, it was up to the employee to provide evidence of direct or indirect discrimination by the employer.
Under Article L.1132-1 and Article L.1225-1, paragraph 1, of the Labor Code, employers must not take an employee's pregnancy into account when refusing to hire them or when terminating their contract during a probationary period.
The Court of Cassation overturned the Court of Appeal's decision and ruled against the employer.
It clarified who bears the burden of proof—the employer or the employee—in cases involving the dismissal of a pregnant woman. It reiterated that employers must not consider a woman's pregnancy when terminating her contract during the probationary period. Consequently, it is incumbent upon the employer to provide the judge with elements demonstrating that the contract termination was based on objective and non-discriminatory grounds.
The Court noted that the contract termination occurred after the employer became aware of the employee's pregnancy. Therefore, the Court of Appeal's decision was invalid. The burden of proof lies with the employer, not the pregnant employee.
Termination of contract during the probationary period generally falls under the standard rules of evidence. This means that, typically, it is up to the employee to demonstrate the existence of discrimination in such terminations.
However, the ruling of March 25, 2026, establishes a shift in the burden of proof in cases where a probationary period is terminated due to the employee's pregnancy. Henceforth, the employer must prove that the termination has no direct or indirect link to the pregnancy.
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See also
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Dismissal of a pregnant employee or one on maternity leave Service Public
Source: Service-Public professionals
