Facts
A. has been employed as a teacher in kindergarten in the Canton of Fribourg since 2009. She gave birth to a son on June 17, 2016 and immediately took her 16-week maternity leave. Additionally, she was granted unpaid leave from October 7 to December 23, 2016. A. then demanded four additional weeks of vacation as well as another two and a half weeks for the preparation and planning of lessons. The Office of Resources and the Directorate of Education, Culture and Sport (EKSD) rejected this.
The Cantonal Court of Fribourg dismissed the appeal filed against this. A. then filed an appeal in public law matters as well as a subsidiary constitutional appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court examined whether the interpretation of Art. 39 of the Regulations of the State Council of the Canton of Fribourg for Teaching Staff (LPR) by the lower instance violated the principle of equality before the law (Art. 8 Federal Constitution), the primacy and observance of federal law (Art. 49 para. 1 Federal Constitution) as well as the prohibition of arbitrariness (Art. 9 Federal Constitution).
The Federal Supreme Court concluded that the lower instance correctly interpreted Art. 39 LPR to the effect that vacation falling within the maternity leave can be taken before or after the leave. This interpretation does not violate the…