dismissal because of repeated sick-leaves

EUROPA - EU law and publications - EUR-Lex - EUR-Lex - 62016CA0270 - EN - Case C-270/16: Judgment of the Court (Third Chamber) of 18 January 2018 (request for a preliminary ruling from the Juzgado de lo Social No 1 de Cuenca — Spain) — Carlos Enrique Ruiz Conejero v Ferroser Servicios Auxiliares SA, Ministerio Fiscal (Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(2)(b)(i) — Prohibition of discrimination based on disability — National legislation permitting, subject to certain conditions, the dismissal of an employee by reason of intermittent absences, even ...[+++] where justified — Worker’s absences resulting from illnesses linked to his disability — Difference in treatment based on disability — Indirect discrimination — Whether justified — Combating absenteeism in the workplace — Whether appropriate — Whether proportionate) // Judgment of the Court (Third Chamber) of 18 January 2018 (request for a preliminary ruling from the Juzgado de lo Social No 1 de Cuenca — Spain) — Carlos Enrique Ruiz Conejero v Ferroser Servicios Auxiliares SA, Ministerio Fiscal // (Case C-270/16) - ( // ((Reference for a preliminary ruling - Social policy - Directive 2000/78/EC - Equal treatment in employment and occupation - Article 2(2)(b)(i) - Prohibition of discrimination based on disability - National legislation permitting, subject to certain conditions, the dismissal of an employee by reason of intermittent absences, even where justified - Worker’s absences resulting from illnesses linked to his disability - Difference in treatment based on disability - Indirect discrimination - Whether justified - Combating absenteeism in the workplace - Whether appropriate - Whether proportionate))

whereas domestic workers and carers who are excluded from labour laws cannot be guaranteed a safe and healthy work environment, and face significant discrimination regarding the level of rights and protection that applies to them if compared to a country’s general standards; whereas, moreover, they have no right to participate in trade unions or in collective bargaining by other means, or are unaware of or experience difficulties in how to do so, which makes them particularly vulnerable, especially because of limited social security coverage (particularly unemployment benefits, sickness and accident pay, as well as maternity leave, pare ...[+++]ntal leave and other forms of care leave), and their frequent exclusion from dismissal protection.

10. Member States shall ensure that any period of sick leave due to illness or complications arising out of pregnancy occurring four weeks or more before confinement does not impact on the duration of maternity leave.

5. Member States shall ensure that any period of sick leave due to illness or complications arising out of pregnancy occurring four weeks or more before confinement does not impact on the duration of maternity leave.