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The First Revision of the Hofmann Case Law on Maternity Leave and Discrimination Against Fathers: Care-Giving as the Pivot?

Tijdschriftbijdrage - Tijdschriftartikel

The Court of Justice of the EU (CJEU) has maintained since 1984, in its well-established Hofmann case law, that maternity leave is a legitimate exception to the principle of equal treatment between men and women to protect both a woman’s biological condition during and after pregnancy and the special relationship between a woman and her child over the period which follows childbirth. This case law has been giving Member States carte blanche to grant maternity leave, whatever its duration, to women only (to the exclusion of men)...until recently. The judgement of the CJEU in the Syndicat CFTC case has revised for the first time in 36 years the Hofmann case law by setting some objective limits on the discretion of Member States. This way, the Court is trying to draw a line between, on the one hand, periods of leave genuinely intended to protect women’s biological condition and, on the other hand, those periods of leave granted to workers in their capacity as parents—in respect of which mothers and fathers should be equally treated.
Tijdschrift: The Industrial Law Journal
ISSN: 0305-9332
Issue: 2
Volume: 50
Pagina's: 306 - 323
Jaar van publicatie:2021
BOF-keylabel:ja
IOF-keylabel:ja
BOF-publication weight:1
CSS-citation score:1
Authors from:Higher Education
Toegankelijkheid:Open