Maternity rights: Return or repayment provision compatible with EC law

A contractual term which requires a woman to undertake to return to work on the expiry of her maternity leave or otherwise to repay any amounts paid to her by her employer over and above statutory maternity pay during that period, does not contravene the equal pay principle contained in Article 119 of the Treaty of Rome and the Equal Pay Directive, rules the European Court of Justice in Boyle and others v Equal Opportunities Commission [1998] IRLR 717. In reaching that conclusion the ECJ reaffirms that, particularly during maternity leave, the position of pregnant workers and workers who have recently given birth or are breastfeeding cannot be compared to that of a man or a woman on sick leave.