38Since the consideration paid by an employer under legislation or an employment contract to a woman on maternity leave is based on the employment relationship, it constitutes pay within the meaning of Article 119 of the Treaty and Article 1 of Directive 75/117 (see the judgment in Gillespie and Others, cited above, paragraph 14). It therefore cannot also fall within the scope of Directive 76/207.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.