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There was much comment raised for and against the French justice minister, Rachida Dati, for her decision to return to work just five days after giving birth by caesarean section.
Her decision to forgo the standard three-months of maternity leave attracted criticism from women's groups and provoked speculation that she feared being politically sidelined. But would she, under UK law, have been allowed to return so soon after giving birth? The answer is no. There is a compulsory period of maternity leave lasting two weeks which must be taken, meaning that the employee cannot waive the right nor can the employer request her return before the two week period is over. By allowing such a premature return, an employer would be in breach of law and so liable to criminal penalty.
For more information or advice, please contact an employment solicitor.
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