Merino Gómez v Continental Industrias del Caucho SA [2004] IRLR 407 ECJ

Reports relating to this case:

  • Pregnancy discrimination: Annual and maternity leave mutually exclusive

    Date:
    23 July 2004

    In Merino Gomez v Continental Industrias del Caucho SA, the European Court of Justice holds that pregnant workers have a dual entitlement to annual leave and maternity leave: pregnant workers must be able to take their annual leave during a period other than their period of maternity leave.

  • Case round-up: annual leave coinciding with maternity leave

    Date:
    13 April 2004

    This week's case round-up from Eversheds, covering: pregnant employees' rights to maternity leave and annual leave.

  • ECJ: Ruling on maternity leave and annual leave

    Date:
    1 April 2004

    On 18 March 2004, the European Court of Justice (ECJ) ruled in case C-342/01: María Paz Merino Gómez v Continental Industrias del Caucho SA that a worker must be able to take her annual leave during a period other than her maternity leave. This is the case even if the maternity leave coincides with the general period of annual leave fixed for the entire workforce by a collective agreement.