Betriu Montull v Instituto Nacional de la Seguridad Social (INSS) – WLR Daily

Betriu Montull v Instituto Nacional de la Seguridad Social (INSS) (Case C-5/12); [2013] WLR (D) 354

“Council Directives 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 and 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions did not preclude a national measure which provided that the father of a child, who was an employed person, was entitled, with the consent of the mother, who was also an employed person, to take maternity leave for the period following the compulsory leave of six weeks which the mother had to take after childbirth except where her health would be at risk, whereas a father of a child who was an employed person was not entitled to take such leave where the mother of his child was not an employed person and was not covered by a State social security scheme.”

WLR Daily, 19th September 2013