Case round-up: annual leave coinciding with maternity leave

This report relates to 1 case(s)

• expand

  Merino Gómez v Continental Industrias del Caucho SA [2004] IRLR 407 ECJ (2 other reports)

  • 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.

  • 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.