Hofmann v. Barmer Ersatzkasse

The plaintiff is the illegitimate father of a child and took off work to take care of the child for a while. He applied for maternity leave and was turned down by the defendant, his employer. The country’s court decided that the legislation only permitted maternity leave and no paternity leave. In interpreting Directive 76/207, the Court decided that it was not meant to force member states to grant the same leave to fathers even if that is what the parents decide.



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