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Right to re-employment of an employee after her parental leave. Penalties

parental leave

The story of an accountant (at level V of the collective agreement applicable to the case in point) who, at the end of her parental leave, does not integrate her job or a similar job since she finds herself carrying out small missions accountants and administrative tasks, the employer having preferred to keep the employee who was replacing her during her maternity and her leave in the position of level V accountant.

According to the Court of Cassation, this is indirect discrimination on the grounds of sex.

The Court of Cassation justifies its decision in view of "the considerably higher number of women than men who choose to benefit from parental leave". It will be recalled that in matters of discrimination, the limitation period is 5 years.


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