Work, health, pregnancy, social policy

Case C-194/08, CJEU, Luxembourg, 1 July 2012, Susanne Gassmayr v. Bundesminister für Wissenschaft und Forschung;

Ground: Social policy - Directive 92/85/EEC - Introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding - Articles 5(3) and 11(1) to (3) - Direct effect - Pregnant worker granted leave during her pregnancy - Worker on maternity leave - Right to payment of an on-call duty allowance.

The abstract of the Judgment

The case concerns the interpretation of Article 11(1) of Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC). The reference was made in the course of proceedings between Ms.Gassmayr and the Bundesminister für Wissenschaft und Forschung (Federal Minister for Science and Research) (‘the Bundesminister’) concerning the minister’s refusal to continue to pay her an allowance for on-call duty at the work place during periods in which she was granted leave or was prohibited from working on account of her pregnancy and subsequently during maternity leave.