CJUE 13 February 2014, C-512/11 and C-513/11, Terveys
The European Court of Justice reiterated that a female employee on unpaid parental leave may apply for maternity leave if she becomes pregnant again.
In fact, according to the principal whereby "a period of leave guaranteed by European Union law cannot affect the right to take another period of leave guaranteed by that law", the female employee must be able to access the benefits associated with maternity leave in the same way as if she had been working immediately before taking maternity leave. She must therefore be able to benefit from the maintenance of her full salary as envisaged by the collective agreement applicable to the company during the period of maternity leave to which she would have been entitled "had that period of maternity leave been preceded by a minimum period of resumption of work"
In fact, according to the principal whereby "a period of leave guaranteed by European Union law cannot affect the right to take another period of leave guaranteed by that law", the female employee must be able to access the benefits associated with maternity leave in the same way as if she had been working immediately before taking maternity leave. She must therefore be able to benefit from the maintenance of her full salary as envisaged by the collective agreement applicable to the company during the period of maternity leave to which she would have been entitled "had that period of maternity leave been preceded by a minimum period of resumption of work"
Date of publication
13 February 2014
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Case Law
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