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Case Law C-5/12 (19/09/2013)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/19/2013

Subject: The Court affirmed that Directive 92/85/EEC 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 and Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions must be interpreted as not precluding a national measure which provides that the father of a child, who is an employed person, is entitled, with the consent of the mother, who is also an employed person, to take maternity leave for the period following the compulsory leave of six weeks which the mother must take after childbirth except where her health would be at risk, whereas a father of a child who is an employed person is not entitled to take such leave where the mother of his child is not an employed person and is not covered by a State social security scheme.

Parties: Marc Betriu Montull

Classification: Equality - Art. 23 Equality between men and women - Solidarity - Art. 33 Parental leave

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