Can an employer require the employee on paid leave to return to work?

No, the employer cannot ask the employee who has gone on paid leave to return to work.

The employee is no longer available to his employer during this period.

However, the employer may ask an employee to return to work in exceptional circumstances.

The employer must then provide reasons for his recall. And it must comply with the conditions set out in the collective agreement.

Compensation measures may be provided for, for example:

• Full reimbursement of travel expenses incurred as a result of the employee's recall
• Entitlement to additional days of leave in addition to days of leave not taken due to the employee's recall

In the event of a conflict as to the reasons given by the employer, only the judge can determine if the employee's recall was warranted.