Brussels, 02/07/2010 (Agence Europe) - In a ruling on 1 July (Cases C-194/08 and C-471/08), the EU Court of Justice states that pregnant workers dispensed from work or temporarily transferred to another post due to their condition are entitled to their basic monthly pay and all supplementary allowances attached to their original occupational status (i.e. length of service, seniority and qualifications).
Although the pay of female workers cannot be less than that of male workers in the same occupation, female workers cannot claim allowances and supplements to compensate for inconvenience linked to specific tasks if they do not effectively perform such tasks. In this respect, the Court points out that the situation of female workers on maternity leave cannot be assimilated to that of workers effectively performing the duties inherent to their posts - those concerned cannot claim their full pay or payment for being on call. Under the relevant directive, the minimum basic pay they can receive is equivalent to that paid if their activity were interrupted due to ill health.
Finally, the Court notes that member states are free to maintain a higher level of pay than that guaranteed by the directive for these female workers. (F.G./transl.jl)