Labour Research May 2004

Features: Law queries

Holidays and maternity leave

If a woman is on maternity leave and the annual holiday shutdown takes place during this time, can she get her holidays outside the shutdown period?

The European Court of Justice has ruled that a woman on maternity leave has the right to exercise her holiday leave rights, even where they would fall outside the workplace leave period due to her being on maternity leave at the time.

* More information: Gomez v Continental Industrias C-342/01