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Maternity

Written by Administrator Wednesday, 15 June 2011 04:09

Duration of maternity leave:
The duration of maternity leave varies according to the rank of the child in the family, the number of unborn child of normal or pathological pregnancy or childbirth (Article L. 1225-17 of the Labour Code ).

The normal length of maternity leave is 16 weeks, 6 weeks before delivery and after 10 weeks, but may be extended in some cases. Pregnant women have the opportunity to develop their maternity leave, provided that this adjustment does not change the absolute prohibition of employment before and 8 weeks after delivery, 6 weeks (Article L. 1225-29 Labour Code).

Back in the functions and lacking in work of equal value
Upon return from maternity leave, the employee must return to her job. If his position is no longer available, it must be reinstated to an equivalent job.

Entitled to compensation equivalent to salary increases and
That the employee be reinstated in her job or an equivalent job, it can not suffer any loss of pay.
In addition, it must have wage increases that were granted are for leave. She can claim to general increases and the average individual increases seen during the leave of its employees by occupational category.

Sanctions
The failure of the employer's obligation to reinstate the employee in his employment with your equal pay warrants taking action to harm the employer. The employee may, therefore, entitled to compensation for termination without cause real and serious and damages for the discrimination she suffered.
For example, judges have held that a measure was discriminatory practice for an employee to suffer a delay in his promotion to executive status for not being able to participate, like other candidates in business, interviews set up for this Indeed, because of his absence due to maternity leave.

Articles L1225-25 L1225-36 L1225-43 L1225-44 and the Labour Code.

Judgement of the Chamber of the Court of Cassation on 3 February 2010. Appeal No.: 08-40338

Judgement of the Chamber of the Court of Cassation on 28 October 2008. Appeal No.: 07-41856