OF RESPONSIBILITY BETWEEN PARENTS .
25 IT SHOULD FURTHER BE ADDED , WITH PARTICULAR REFERENCE TO PARAGRAPH ( 3 ), THAT , BY RESERVING TO MEMBER STATES THE RIGHT TO RETAIN , OR INTRODUCE PROVISIONS WHICH ARE INTENDED TO PROTECT WOMEN IN CONNECTION WITH ' ' PREGNANCY AND MATERNITY ' ' , THE DIRECTIVE RECOGNIZES THE LEGITIMACY , IN TERMS OF THE PRINCIPLE OF EQUAL TREATMENT , OF PROTECTING A WOMAN ' S NEEDS IN TWO RESPECTS . FIRST , IT IS LEGITIMATE TO ENSURE THE PROTECTION OF A WOMAN ' S BIOLOGICAL CONDITION DURING PREGNANCY AND THEREAFTER UNTIL SUCH TIME AS HER PHYSIOLOGICAL AND MENTAL FUNCTIONS HAVE RETURNED TO NORMAL AFTER CHILDBIRTH ; SECONDLY , IT IS LEGITIMATE TO PROTECT THE SPECIAL RELATIONSHIP BETWEEN A WOMAN AND HER CHILD OVER THE PERIOD WHICH FOLLOWS PREGNANCY AND CHILDBIRTH , BY PREVENTING THAT RELATIONSHIP FROM BEING DISTURBED BY THE MULTIPLE BURDENS WHICH WOULD RESULT FROM THE SIMULTANEOUS PURSUIT OF EMPLOYMENT .
26 IN PRINCIPLE , THEREFORE , A MEASURE SUCH AS MATERNITY LEAVE GRANTED TO A WOMAN ON EXPIRY OF THE STATUTORY PROTECTIVE PERIOD FALLS WITHIN THE SCOPE OF ARTICLE 2 ( 3 ) OF DIRECTIVE 76/207 , INASMUCH AS IT SEEKS TO PROTECT A WOMAN IN CONNECTION WITH THE EFFECTS OF PREGNANCY AND MOTHERHOOD . THAT BEING SO , SUCH LEAVE MAY LEGITIMATELY BE RESERVED TO THE MOTHER TO THE EXCLUSION OF ANY OTHER PERSON , IN VIEW OF THE FACT THAT IT IS ONLY THE MOTHER WHO MAY FIND HERSELF SUBJECT TO UNDESIRABLE PRESSURES TO RETURN TO WORK PREMATURELY .
27 FURTHERMORE , IT SHOULD BE POINTED OUT THAT THE DIRECTIVE LEAVES MEMBER STATES WITH A DISCRETION AS TO THE SOCIAL MEASURES WHICH THEY ADOPT IN - ORDER TO GUARANTEE , WITHIN THE FRAMEWORK LAID DOWN BY THE DIRECTIVE , THE PROTECTION OF WOMEN IN CONNECTION WITH PREGNANCY AND MATERNITY AND TO OFFSET THE DISADVANTAGES WHICH WOMEN , BY COMPARISON WITH MEN , SUFFER WITH REGARD TO THE RETENTION OF EMPLOYMENT . SUCH MEASURES ARE , AS THE GOVERNMENT OF THE UNITED KINGDOM HAS RIGHTLY OBSERVED , CLOSELY LINKED TO THE GENERAL SYSTEM OF SOCIAL PROTECTION IN THE VARIOUS MEMBER STATES . IT MUST THEREFORE BE CONCLUDED THAT THE MEMBER STATES ENJOY A REASONABLE MARGIN OF DISCRETION AS REGARDS BOTH THE NATURE OF THE PROTECTIVE MEASURES AND THE DETAILED ARRANGEMENTS FOR THEIR IMPLEMENTATION .
28 IT FOLLOWS FROM THE FOREGOING THAT THE REPLY TO BE GIVEN TO THE QUESTION SUBMITTED BY THE LANDESSOZIALGERICHT HAMBURG IS THAT ARTICLES 1 , 2 AND 5 ( 1 ) OF COUNCIL DIRECTIVE 76/207 MUST BE INTERPRETED AS MEANING THAT A MEMBER STATE MAY , AFTER THE STATUTORY PROTECTIVE PERIOD HAS EXPIRED , GRANT TO MOTHERS A PERIOD OF MATERNITY LEAVE WHICH THE STATE ENCOURAGES THEM TO TAKE BY THE PAYMENT OF AN ALLOWANCE . THE DIRECTIVE DOES NOT IMPOSE ON MEMBER STATES A REQUIREMENT THAT THEY SHALL , AS AN ALTERNATIVE , ALLOW SUCH LEAVE TO BE GRANTED TO FATHERS , EVEN WHERE