Woman loses European pregnancy-illness case

The Irish woman who claimed sick leave entitlements discriminated against pregnant women has lost her case at the European Court…

The Irish woman who claimed sick leave entitlements discriminated against pregnant women has lost her case at the European Court of Justice.

The condition of pregnancy is not comparable to a pathological illness and the disorders and complications linked to pregnancy and causing incapacity for work form part of the risks inherent in the condition of pregnancy and are thus a specific feature of that condition.
Part of the ruling from the three-judge panel at the European Court of Justice

The three-judge panel in Luxembourg found sick pay schemes that treat pregnancy-related illness the same as any other illness do not breach EU rules on discrimination.

Margaret McKenna claimed that she was discriminated against when her employer cut her pay after lengthy sick leave due to a pregnancy-related illness.

She submitted that it was discriminatory because her time off work was caused by problems which could not be suffered by men.

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Ms McKenna, who works for the now defunct North Western Health Board, became pregnant in January 2000 and developed a pregnancy-related illness that

prompted her doctor to order time off work. The illness extended for nearly the duration of her pregnancy.

Under the board's sick-leave scheme - equally applied to all workers - Ms McKenna remained on full pay for 183 days and was then entitled to half pay while she remained off work.

However, when her maternity leave started she was once more paid her full salary. When her maternity leave finished, her pay was halved once more, as she was still on sick leave.

Ms McKenna went to court to argue that the board had breached EU discrimination rules by treating her pregnancy-based illness as "normal" illness and docking her pay because of it.

But the Luxembourg judges said today that the board's policy was standard practice for public sector sick leave schemes throughout Ireland and that it was not against EU rules on workplace discrimination.

Treating pregnancy-related illness the same as any other illness and reducing pay once it continues beyond a certain time was acceptable, "provided that the reduction in pay is not so much as to undermine the protection of pregnant workers."

The judges ruled: "The condition of pregnancy is not comparable to a pathological illness and the disorders and complications linked to pregnancy and causing incapacity for work form part of the risks inherent in the condition of pregnancy and are thus a specific feature of that condition."

PA