When Does an Extension of Maternity Leave Become Parental Leave?

Key Issues: Social Policy - Equal Opportunities – Exclusion of Male Workers - Preliminary Ruling

Case: Syndicat CFTC du personnel de la Caisse primaire d’assurance maladie de la Moselle v Caisse primaire d’assurance maladie de la Moselle

Reference: Case C-463/19, CJEU (First Chamber), 18 November 2020

Legislation: Directive 2006/54

Background

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