H v Land Berlin

Employment – Parental leave. Clause 5(1) and (2) of the revised Framework Agreement on parental leave, set out in the Annex to Council Directive (EU) 2010/18, was interpreted by the Court of Justice of the European Union as precluding rules of national law, such as those at issue in the main proceedings, which subjected definitive promotion to a managerial post in the civil service to the condition that the candidate selected successfully carried out a prior two-year probationary period in that post, and by virtue of which, in a situation where such a candidate had been on parental leave for most of that period and still was, that probationary period ended by operation of law after two years with no possibility of extending it and the person concerned was consequently, on return from parental leave, reinstated in the post, at a lower level both in status and in terms of remuneration, occupied before that probationary period.

Category: