3 May, 2023 by Marianne Favre Moreillon

Termination upon return from maternity leave, beware of wrongful termination

3 May, 2023 by Marianne Favre Moreillon

The termination of an employee upon return from maternity leave is tricky and can quickly be considered wrongful. What should the employer look out for?

The employer's fears following childbirth are real: more frequent absences, less flexibility in working hours, refusal to do overtime, extension of maternity leave by breastfeeding leave or request for a reduction in the rate of activity.

This article develops the following topics:

  • prohibition of discrimination (art. 3 LEg)
  • protection against dismissal at an inopportune juncture
  • wrongful dismissal
  • termination due to pregnancy or family situation
  • objective reasons for dismissal
  • request for a reduction in working hours
  • penalties for wrongful dismissal

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1 Mar, 2010 byMarianne Favre Moreillon