Additional (maternity) leave for women only? The Court of Justice refines its Hofmann test in Syndicat CFTC (C-463/19) yet forgets about the children

Syndicat CFTC v. CPAM provided an excellent opportunity for the Court of Justice European Union (‘CJEU’) to reconsider its position taken in Hofmann case, regarding question what extent additional maternity leave can be exclusively reserved female workers without infringing Directive 2006/54. Whilst CJEU has narrowed grey zone, it refrains from clearly indicating boundaries between ‘maternity’ and ‘parenthood’ leaves that Member States decide. Against this backdrop, case note argues should cease conflate both concepts, as cements women into their traditional role primary caregivers keeps men a subsidiary with respect exercise parental responsibilities. Ultimately, child-care related approached rights perspective, taking account best interests child.