Does Directive 2010/18/EU 1 preclude an interpretation of Article 37.4 ET (leave of absence of an hour every day until the child reaches nine months of age) to the effect that, regardless of the sex of either parent, such leave is not be granted to the person applying for it if the other parent is unemployed?

Does Article 3 of Directive 2006/54/EC, 2 which seeks to guarantee full equality between men and women in their working lives, preclude an interpretation of the said Article 37.4 ET to the effect that, if the male parent is working, he has no entitlement to such leave if his wife and fellow parent is unemployed?