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The employee has no legal obligation to inform her employer that she is pregnant at the time she is hired

cropped-logo-mini-noir-def.pngAs for the allegation that he was pregnant at the time she was hired, and that she had not informed her employer, it should be noted that the employee has no legal obligation to do so. If from the medical certificate of the 14 November 2011 it emerges that the due date of her pregnancy was planned for the 22 June 2012 and that B was therefore pregnant at the time she was hired on the 17 October 2012, she was not necessarily aware of her pregnancy, seen that her medical appointments is dated 14 November 2011. The testimonial certificates of D and E are not more conclusive on this point. The findings of company A that good faith would have required the employee to notify her employer, the more so since it is a beauty salon which works exclusively with essential oils which are not recommended for pregnant women, thus also lacks of relevance.

The alleged bad faith of the employee cannot be drawn from the fact that the latter had given no news during her pregnancy and had not introduced her child shortly after birth  » as it is usually done  » as proof that she had had no desire to return. (C.S.J., 01.28.2016, No. 42219 of du rôle)