CJEU judgment re parental leave and equal treatment - H v Land Berlin (2017) (C-174/16) [ECJ] 07.09.17 (Unreported)
Social policy — Directive 2010/18/EU — Revised Framework Agreement on parental leave — Clause 5(1) and (2) — Return from parental leave — Right to return to the same job or an equivalent or similar job — Rights acquired or in the process of being acquired to be maintained as they stand — Civil servant of a Land promoted to civil servant on probation in a managerial post — Rules of that Land providing for the ending of the probationary period by operation of law and with no possibility of extension on expiry of a two-year period, even in the case of absence as a result of parental leave — Incompatibility — Consequences. HELD that EU law did not allow German rules under which the two-year probationary period to be completed by a civil servant on probation newly appointed to an executive post may not to be suspended for the duration of her parental leave.Link to judgment
Category: Employment » Parental rights; EC Law. Keyword(s): Parental leave. Area(s) of law: Employment.