Translation of "être apte à reprendre le travail " (French → English) :

10. If the competent institution decides to refuse the cash benefits because the insured person has not followed the formalities foreseen by the legislation of the Member State of residence or if a doctor of its choice finds that the insured person is fit to return to work, it notifies him/her of its decision and simultaneously notifies the institution of the place of residence thereof.

Lastly, the provision of the proposal for a directive which will enable the worker to ask her employer to make changes to her working hours and patterns following her maternity leave should enable women to go back to full-time work and avoid being obliged to work part time.

Did they want to paint a positive picture or a negative picture?” If a person goes in there and says they're fine, they can do this, they can do the whole job, they're good to go and everything else, the doctor has nothing more to go on.

Many people have come to us, women, for example, who worked for the Ontario government and for other provincial governments, and said, “Why was it that I was capable of doing the job when I was 64 and the day I turned 65, I'm not capable of doing it any more?” I can only say that it seems to me that again there's this assumption that if employment equity goes, then no one will move out of the job.

The Court ruled: '1. Article 119 of the EC Treaty, Article 1 of Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women and Article 11 of Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) do not preclude a clause in an employment contract which makes the payment, during the period of maternity leave referred to by Article 8 of Directive 92/85, of pay highe ...[+++]r than the statutory payments in respect of maternity leave conditional on the worker's undertaking to return to work after the birth of the child for at least one month, failing which she is required to repay the difference between the amount of the pay she will have received during the period of maternity leave, on the one hand, and the amount of those payments, on the other.

However, in order to benefit from that right, the employee must state that she intends to return to work in the EOC after childbirth and agree to be liable to repay any payment made during that period (excluding SMP to which she is entitled in any event), should she fail to return.