I'm going on maternity leave. Will my job still be there when I return?
28 December 2010
Read by 3840 persons
Maternity leave is considered a simple suspension of the employment contract (article 154 of the Labor Code). The employee-mother resumes her duties at the end of the suspension period, without the employer being able to question any of the contractual clauses (status, level of qualification, level of remuneration, etc...). However, the employer is not required to reinstate you in the same position as before your maternity leave.
Indeed, the company must be able to meet its own operational requirements and may even have reviewed its internal organization during your absence. Two scenarios: If your position was covered by a temporary worker or you were temporarily replaced by a temporary worker, you can easily return to your old position; however, if someone was promoted to your position or if the employer chose to recruit an external replacement, you will be offered a similar position with the same salary and working conditions.
Houria Abdelghani
femmesdumaroc.com
