Magazine article European Social Policy

Parental Leave : Women Have Right to Shorten Child Care Leave, Ecj Rules

Magazine article European Social Policy

Parental Leave : Women Have Right to Shorten Child Care Leave, Ecj Rules

Article excerpt

A woman who benefits from child care leave must be able to ask to shorten its length if it deprives her of certain rights. This was the EU Court of Justice's decision on 20 September (Kiiski judgement, C-116/06). Directive 76/207 of 9 February 1976 (equal treatment of men and women) and Directive 92/85 of 19 October 1992 (maternity leave) "preclude provisions of national law concerning child care leave which [...] do not allow the person concerned to obtain at her request an alteration of the period of her child care leave at the time when she claims her rights to maternity leave and thus deprive her of the rights attaching to that maternity leave".

The Court justifies this principle. "Considering that the framework agreement aims to make available to men and women workers an individual right to parental leave on the grounds of the birth or adoption of a child to enable them to take care of that child, it is also reasonable that, with a view to obtaining an alteration of the period of that leave, the worker should be able to rely on events occurring after the application for or grant of leave, which, incontestably, make it impossible for him to look after the child under the conditions originally foreseen. …

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