Facts
[A.] is employed as a teacher with an occupancy rate of over 96% and also works on a secondary basis in the business operated by her partner. After the birth of her child in September 2009, she applied for the maternity allowance. The compensation fund paid her allowances until October 29, 2009, at which point it considered that the right to the allowance had expired due to A.'s resumption of secondary work. [A.] appealed against this decision. The Cantonal Court partially upheld the appeal, considering that the right to the maternity allowance for the main teaching activity subsisted until January 2, 2010, but that the right had expired on October 30, 2009 for the secondary activity. The Federal Social Insurance Office appealed against this judgment.Considerations
The Federal Tribunal dismissed the appeal. It considered that according to Art. 16d LECA, the right to the maternity allowance expires in the event of the resumption of any gainful activity, even partial, by the mother. The preparatory work shows that the legislator intended the resumption of a partial gainful activity to result in the extinction of the right to the allowance. Art. 25 LECO, which provides for the extinction of the right regardless of the occupancy rate, is in line with this legislative intent. However, a marginal secondary activity, with an…