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Equal pay: Sick pay scheme not discriminatory

This report relates to 1 case(s)

Key points

In North Western Health Board v McKenna 8.9.05, Case C-191/03, the ECJ holds:

  • A sick leave scheme that treats female workers who suffer from a pregnancy-related illness in the same way as workers suffering from other types of illness falls within the scope of the Equal Pay Directive 75/117/EC rather than the Equal Treatment Directive 76/207/EC.
  • The fact that the sick leave scheme provided for a reduction in pay after an absence of six months, did not constitute sex discrimination, that provided the female worker was treated in the same way as a male worker who is absent for another illness and provided the amount of pay was not so low as to undermine the object of protecting pregnant workers.