Maternity/parental leave

Subject: Maternity/parental leave

In November 2015, I asked the Commission about the possibility of replacing the two directives on maternity and parental leave with a single directive that would guarantee an equal period of leave for each parent, entirely non-transferable and without any loss of pay, in order to ensure real equality in the use of such periods of leave.

In January 2016, the Commission replied that it would come forward with a package that would aim to address women’s participation in the labour market, ensure a better sharing of care responsibilities between men and women, and strengthen gender equality.

Almost two years later, the Commission has still not merged the two existing directives, and although the proposed reform appears to be a step forward for equality, it will have the effect of perpetuating inequality in the sharing of post-natal care tasks and labour market access since, as the Commission has recognised, men are reluctant to use periods of leave unless they are non-transferable and paid at the rate of at least 80% of their usual salary.

Why has the Commission not taken the opportunity to merge the two directives into one and ensure a real work-life balance for both women and men?

Answer given by Ms Thyssen on behalf of the Commission

(1 March 2018)

The Maternity Leave Directive (Directive 92/85/EEC) and the Commission's proposal for a directive on Work-Life Balance for Parents and Carers have different objectives and legal bases.

The basic objective of the Maternity Leave Directive is to protect health and safety of pregnant workers or workers who have recently given birth or who are breastfeeding. The directive was adopted on the basis of Article 118(a) of the Treaty Establishing the European Economic Community.

The proposal for a directive on Work-Life Balance is based on Article 153(1) (i) of the Treaty on the Functioning of the European Union. It aims to ensure the implementation of the principle of equality between men and women with regard to labour market opportunities and treatment at work. It strengthens the rights to parental leave and to request flexible working arrangements provided for in the Parental Leave Directive (Directive 2010/18/EU) and introduces new rights to paternity and carers' leave.

This is why the Commission has not considered a single legislative act.