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Maternity rights: Less favourable treatment in pay prior to maternity leave prohibited

This report relates to 1 case(s)

In Handels- og Kontorfunktionaerernes Forbund i Danmark (acting on behalf of Pedersen) v Faellesforeningen for Danmarks Brugsforeninger (acting on behalf of Kvickly Skive) [1999] IRLR 55, the European Court of Justice rules that certain provisions of Danish law which permit the less favourable treatment in terms of pay of pregnant workers who are incapable of work due to a pregnancy-related illness prior to the commencement of their maternity leave contravene Article 119 and the Equal Pay Directive.

Under Danish law, a woman on maternity leave is entitled only to half pay from her employer for a maximum of five months over a period beginning not earlier than three months before the expected date of childbirth and ending not later than three months after that date.