Ruling on pregnancy sick leave dismays authority

The Equality Authority has expressed disappointment that an Irish woman who took a discrimination case to the European Court of Justice over sick leave entitlements for pregnant women has lost her case.

The authority said it would be examining the case taken by Margaret McKenna, as well as other recent decisions, to see if legislative changes are needed.

Ms McKenna, an employee of the North-West Health Board, had claimed cutting her pay after lengthy sick leave was unfair, because her time off work was caused by problems which could not be suffered by men.

However, the court ruled that it was not contrary to EU rules on discrimination between men and women in the workplace to treat pregnancy-related illnesses the same as any other illness.

The surprise decision reverses a preliminary finding by the court in Luxembourg last year.

The Government had supported the health board's case, saying any change would have major financial repercussions for the State.

Yesterday, the three judges said the health board's policy was standard practice for public sector sick leave schemes throughout Ireland. Treating her illness the same as any other illness and reducing pay once the illness continued beyond a certain time was acceptable, "provided that the reduction in pay is not so much as to undermine the protection of pregnant workers".

Ms McKenna became pregnant in January 2000 and was on sick leave on medical advice for almost all her pregnancy. Under the board's sick leave scheme - applied equally to all workers - Ms McKenna remained on full pay for 183 days and was then entitled to half-pay while she remained off work.

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

She took a case to an officer of the Equality Tribunal, arguing that since only women can suffer from pregnancy-related illnesses, putting her on half-pay was a form of discrimination.