Syndicat CFTC du personnel de la Caisse primaire d’assurance maladie de la Moselle v Caisse primaire d’assurance maladie de la Moselle [2021]

CY, a male employee, was engaged by CPAM to work as a benefits inspector in the employee or executive category. CY is the father of a child born in April 2016 and, on that basis, he applied for the leave provided for in CPAM’s collective agreement, under which, on expiry of the leave provided for in Article 45 of that collective agreement, an employee who is bringing up “her child on her own” is to be entitled successively to leave of three months on half-pay or to leave of one and a half months on full pay and to unpaid leave of one year.

CPAM refused to grant CY’s application on the ground that the leave provided for in Article 46 of the collective agreement is reserved to