If the teacher does not return to work after maternity leave, will he be unable to go to work for 3 years?

Question

Can a teacher at school, after taking maternity leave and not returning to work after 126 calendar days, compulsorily go to work for 3 years?

Answer

According to Article 405 of the Labor Code, after the end of maternity leave, at the woman's request, she is given a childcare leave until the child reaches the age of two.

A woman is granted, at her request, additional leave to care for her child until the child reaches the age of three, without saving wages.

According to Article 239 of the Labor Code, the former place of work (position) of the employee is retained when providing maternity leave and childcare leave.

In this case, the employee has the right to return to work at any time. Similarly, if the employee wants to return to work, the employer has no right to say that he will not be able to work for 3 years.

That is, after the end of the maternity leave, the employee can return to work even after two days, as this is her full right.

In conclusion, the employee can return to work using his right. In this case, the employer cannot refuse an employee returning from a decree leave.

It should be recalled that teachers returning from maternity leave and childcare are allocated lessons in accordance with the requirements of the Regulation "On the procedure for filling up classes and forming tariff lists in general education institutions" (No. 3271) in accordance with labor legislation.