Social policy

Case C 104/09, CJEU, Luxembourg, 30 September 2010, Pedro Manuel Roca Álvarez  v Sesa Start España ETT SA;

Ground: Social policy; breastfeeding; maternity leave; right to leave for 9 months after birth giving; employed mother; employed father; unemployed mother; conditions of pregnancy; motherhood.

The abstract of the Judgment

The object of this judgment has to do with social policies followed for employed men and women based on Directive 76/207 of EEC, the Articles 2 and 5 that are related to the right of employed mothers to leave, the possible usage of the breastfeeding period of the employed mother. The exclusion from the right to leave because of baby nutrition by the employed father.

From the legal point of view the judgment refers to the Articles 1(1) and 5 of the Directive 76/207;

The national plan refers to the Article 1(1) of the Law 8/1980 on the status of servants, Article 37(4) of this law. The case brought from the Court for discussion is:

If the Directive 76/207 has to be interpreted as an introduction of a national measure that may foresee that female servants who are employed mothers have the right in different ways to leave from work so that to feed their babies, (in the first nine months of birth giving), while the employed fathers do not enjoy this right, if the mother of the child is also an employed person. In the judgment of this case, the Court analyzed that Directive 76/207/EEC has to be interpreted as an introduction of the national measures considering that female servants who are employed mothers have the right in different ways to leave from work so that to feed their babies, in the first nine months of birth giving, while the employed fathers do not enjoy this right, if the mother of the child is also an employed person.