Return from maternity leave: discriminations die hard

Return from maternity leave: what does the law say?

The law protects pregnant women and mothers upon their return from maternity leave. Interview with Valerie Duez-Ruff, lawyer, specialist in discrimination.

Returning to work after maternity leave is often feared by young mothers. After months spent with their child, they wonder how they will get back to their jobs, if things will have changed during their absence. And sometimes they have nasty surprises.All studies show that motherhood has a strong impact on women’s careers, but what we do not say, or less, is that in some cases, the difficulties start as soon as you return from maternity leave. A promotion refused, an increase that goes by the wayside, responsibilities that evaporate until dismissal outright… these discriminatory measures inflicted on young mothers are constantly increasing according to the. Maternity or pregnancy is the second criterion of discrimination cited by victims (20%) just after those linked to sex. According to a recent survey by the Journal des femmes, 36% of women believe that they have not regained all of the functions they occupied before becoming a mother. And this figure climbs to 44% among executives. Many have found they were given less responsibility when they returned to work and needed to be proven again. However, theoretically, mothers are protected by law when they return to their jobs. 

What rights and guarantees do women enjoy after returning from maternity leave? Are they the same for parental leave?

At the end of maternity, paternity, adoption or parental leave, employees are entitled to return to their previous job, or a similar job with at least equivalent remuneration and must not be subject to any discriminatory measure. Concretely, reinstatement must be done as a priority in the previous job when it is available, failing that, in a similar job. For example, the employer cannot require the employee to return to work in the morning instead of the afternoon or assign him to a position which partly includes handling work while he was occupying the functions before his departure. executive secretary. The termination following the employee’s refusal gives rise to the right to damages for unfair dismissal if the necessity of the modification is not established by the employer.

Can he be refused a raise when it has been granted to his colleagues?

At the end of the maternity or adoption leave, the remuneration must be reassessed, if necessary, taking into account the increases in remuneration from which employees of the same professional category have benefited during the period of leave. The guaranteed evolution of remuneration provided for by law must be implemented. In addition, the woman who resumes her activity has the right to an interview with her employer with a view to her professional orientation.

During the four weeks following the end of maternity leave, the employee can only be dismissed for serious misconduct or economic reasons? What is it about ?

A derogation from the ban on dismissal, during the period of 4 weeks following the end of maternity leave, is permitted if the employer justifies: either a serious fault on the part of the employee, unrelated to the pregnancy or to the adoption . Such as violent or offensive behavior, unjustified absences, serious professional misconduct and not simple negligence, or acts of indelicacy, embezzlement or constitution of false documents to obtain undue services. Or the impossibility of maintaining the contract, for a reason unrelated to pregnancy, childbirth or adoption. Such an impossibility can only be justified by circumstances independent of the behavior of the person concerned. Namely: the period of protection against the termination of the employment contract of four weeks is suspended when the employee takes paid leave following her maternity leave.

What can be done in the event of discrimination? Which address ?

As soon as you think you are a victim of discrimination, you should not be afraid to talk about it very quickly to a loved one to gather the support that will be necessary to endure this difficult situation, especially since an employee is a young mother. psychologically weakened. Then consult a lawyer without delay in order to put in place an evidence retention strategy (especially all emails) before taking action if necessary. In the case of a closet, it will be necessary through a bundle of clues to demonstrate the willingness of the employer to put the employee aside. The reduction in the responsibilities entrusted to the employee is a useful indicator in this regard. The Defender of Rights can also be contacted in the event of discrimination.

See also: Returning to work after baby