GENDER EQUALITY : EARLY MATERNITY LEAVE TO BE INCLUDED WHEN CALCULATING SENIORITY.

PositionBrief article

A pregnant woman who has passed the entrance exam for a public post but because of her pregnancy is unable to take up her duties immediately has the right to count these months of maternity leave as part of her seniority. Such was the finding of the EU Court of Justice on 16 February in the case of a young woman called Carmen Sarkatzis Herrero who was recruited by the Istituto Madrileno de la Salud (IMSALUD) as a permanent staff member (C-294/04) .

The EU judges found that "Council Directive 76/207/EEC of 9 January 1976 on the implementation of the principle of equal treatment for men and women as regardsaaccess to employment, vocational training and promotion, and working conditions opposes a national legislation which fails to recognise that a female worker on maternity leave has the same rights as other successful applicants in a selection procedure and should suffer no discrimination in determining the start date of her...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT