D7c4 - May a pregnant employee decide not to resume employment at the end of her maternity leave?

At the end of her maternity leave, an employee may, with a view to bringing up her child and without having to give notice and without, as a result, having to pay any compensation for termination, decide not to resume her employment.

That decision is equivalent to termination of the employment relationship.

However, she may in any such case claim priority for re-recruitment.

In fact, she may, within the following year, request her re-recruitment.

The employer is then required, for one year, to recruit her as a matter of priority to posts to which her qualifications allow her to aspire and to grant her, in the case of re-employment, the benefit of all the advantages that she had at the time of her departure.

Nota Bene

The employee’s request for re-recruitment and the offer made thereafter to her by the employer and, finally, any refusal of that offer by the female employee must be notified by registered letter with a return receipt.

Last update