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Absence after maternity leave unprotected

This report relates to 1 case(s)

In Handels-og Kontorfunktionaerernes Forbund i Danmark (acting on behalf of Larsson) v Dansk Handel & Service (acting on behalf of Føtex Supermarked A/S) (29 May 1997) EOR74A, the European Court of Justice rules that it is not sex discriminatory per se to dismiss a woman after her maternity leave has ended because of absence due to a pregnancy-related illness, even where the illness first appeared during pregnancy itself. However, any time lost during maternity leave itself cannot be taken into account by the employer.