The employer cannot make depend a right derivated from the employment relationship with the end of a maternity leave

The Court of Justice of the European Communities ruled on a lawsuit that opposed a Spanish public health institution to one of its female public servants who asked for her maternity leave to be taken into consideration in the calculation of her seniority. (Ref. 06158)
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The applicant, a former temporary servant, was appointed to an official post after passing an exam. She was supposed to take her post while she was on maternity leave, so she requested that the period for taking up the post be extended until the end of that leave and at the same time that the period of maternity leave be taken into consideration for the purpose of calculating her seniority even if the regulation applying considers the taking-up of the post by the official as necessary for the

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