24 March 2004 - Having a Child Ain’t No Holiday - It's Official
Workers can take maternity leave on top of normal holiday entitlements according to a European Court of Justice ruling. In a landmark judgment with implications for UK workers, the EU's highest court ruled that the two types of leave were distinct.
According to the ruling, four weeks annual leave is a statutory right 'to ensure workers take a proper break.' Maternity leave, however, 'is intended to protect a woman's physical condition' and 'to protect the special relationship between a woman and her child after childbirth.' The case brought by María Paz Merino Gómez originated in the Spanish national court, which referred questions on Europe-wide directives covering the organisation of working time, the protection of pregnant workers and equal treatment for men and women to the Court of Justice.
Sarah Veale, head of TUC’s equality and employment rights department, said
'The judgment is good news for pregnant women in the UK, particularly those taking additional unpaid maternity leave. Not only are they entitled to their four weeks paid annual leave under the Working Time Regulations, as well as their maternity leave but they are also entitled to any negotiated or contractual additional annual leave. UK legislation will have to be amended to reflect this.'
The Judgment of the Court of Justice in Case C-342/01, María Paz Merino Gómez v Continental Industrias del Caucho SA, 18 March 2004, can be found in the appropriate section here.
