Maternity Leave count as exercising Treaty rights for EEA3?

[RayJay]

Hi all
It is going to be 5 year in week after we got the residence permits in Nov 2004.

Both forms are nearly done just need a bit of advice..

My wife was on maternity leave claiming maternity allowance for about 10 moths.
She was working before and after the leave with different employers.

Will this 10 months gap while claiming maternity allowance is also considered as exercising treaty right?

Regards

[Obie]

Someone on Maternity leave is still employed, but only taking time off to look after child. They are still considered worker, by any yardstick.

[RayJay]

thanks for the advice.
I have entered the dates with maternity leave between the last and after job to cover the 10 months.
I have also read here that up to 12 months is OK for maternity leave.



General Question:
I just wondered what if any EEA national comes had 3 children during this 5 year period and has been on maternity leave 3 times an I am sure it would be altogether over 12 months. What happens then?

[Obie]

The 12 months apply to cases where the EEA national leaves the country they are resident or exercising treaty rights and go to their home country, for pregnancy related reasons. It doesn't apply when they are on maternity leave and continues to reside in the member state they are exercising treaty rights.

Residency is not broken at all, and her status as Worker remains.

[RayJay]

The 12 months apply to cases where the EEA national leaves the country they are resident or exercising treaty rights and go to their home country, for pregnancy related reasons. It doesn't apply when they are on maternity leave and continues to reside in the member state they are exercising treaty rights.

Residency is not broken at all, and her status as Worker remains.

thanks for clearing the point. It make sense now.

[newJoiner]

You seem to know your way around...
I will be moving with my husband to the UK next month. I will be on maternity leave from my IRISH employer. I am EEA (Austria) and my husband is not.
At the moment my husband received a Family Permit, but when that expires and we need to apply for EEA2, what should I say about myself practicing EU-Treaty rights? does maternity leave from an employer outside the UK count as 'employed' or 'self sufficient'?

Thanks for your help.

[Ben]

You seem to know your way around...
I will be moving with my husband to the UK next month. I will be on maternity leave from my IRISH employer. I am EEA (Austria) and my husband is not.
At the moment my husband received a Family Permit, but when that expires and we need to apply for EEA2, what should I say about myself practicing EU-Treaty rights? does maternity leave from an employer outside the UK count as 'employed' or 'self sufficient'?

Thanks for your help.

Self-sufficient. Comprehensive sickness insurance cover required.