CD v ST [2013] & Z v A Government Department and the Board of Management of a Community School [2014]

  • Case Reference
    Case C 167/12 & Case C 363/12
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
    Unfair Dismissal, Pay and Conditions of Employment
Issues covered: Surrogacy; Right to Leave of Absence Equivalent to Maternity Leave or Adoption Leave

The CJEU has sent out a press release in the cases of C-167/12 C. D. v S.T. and C-363/12 Z. v A Government Department and the Board of Management of a Community School (an Irish equality case referred to the CJEU directly from the Equality Tribunal). Both involved the rights of surrogate mothers in relation to maternity laws.

EU law does not require that a mother who has had a baby through a surrogacy agreement should be entitled to maternity leave or its equivalent. The Pregnant Workers Directive merely lays down certain minimum requirements in respect of protection, although the Member

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This article is correct at 02/12/2015
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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