Question 175. Which are the regulations of the Labour Code that allowed a female Employee to return to work at least 04 months after maternity leave? If both the Employer and the Employee agree on such return on the basis of certification by a competent medical examination and treatment establishment that the early return to work does not harm the Employee’ health, may the female Employee get back to work earlier than 04 months?


Article 137.4 of the Labour Code clearly stipulates that before the expiration of the maternity leave period of 06 months, but if necessary and as certified by a competent medical examination and treatment establishment that early working is not harmful to the female Employee’ health and as agreed by the Employer, the female Employee may return to work after a minimum leave of 04 months.

As such, procedural conditions, such as certification by a medical establishment or agreement by the Employer are only necessary after the first condition – the female Employee’ maternity leave of at least 04 months – is met. This provision is intended to ensure the women’s health after childbirth and the best care given to newborns by mothers during their first months. Therefore, even if the female Employee voluntarily agrees with the Employer on returning to work temporarily for a short period of time to assist the Employer, the Employer must not require the female Employee on maternity leave to work ahead of schedule as aforesaid.