European Labour Law Jean Monnet Chair of EU Labour Law Academic Year 2017-2018 Silvia Borelli: silvia.borelli@unife.it http://www.unife.it/giurisprudenza/giurisprudenza/studiare/european-labour-law Please, check the web site for any materials distributed during the course! Lesson 9

Maternity Leave DIRECTIVE 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding Member States shall ensure that pregnant workers or workers who have recently given birth or are breastfeeding are not obliged to perform night work during their pregnancy and for a period following childbirth which shall be determined by the national authority Member States shall ensure that these workers are entitled to a continuous period of maternity leave of a least 14 weeks allocated before and/or after confinement (the maternity leave includes compulsory maternity leave of at least two weeks). During the maternity leave, the worker shall be paid and/or entitled to an adequate allowance. Member States shall prohibit the dismissal of workers during the period from the beginning of their pregnancy to the end of the maternity leave

Parental Leave The 2010 Parental Leave Directive (Directive 2010/18) replaced Directive 96/34/EC, following the adoption of a revised Framework Agreement on parental leave concluded by the European social partners on 18 June 2009. Men and women workers are entitled to an individual right to parental leave on the grounds of the birth or adoption of a child to take care of that child until a given age up to eight years. The leave shall be granted for at least a period of four months and, to promote equal treatment between men and women, should be provided on a non-transferable basis (at least one of the four months shall be provided on a non-transferable basis). At the end of parental leave, workers shall have the right to return to the same job or, if that is not possible, to an equivalent or similar job consistent with their employment contract. Member States and/or social partners shall take the necessary measures to protect workers against less favourable treatment or dismissal on the grounds of the taking of parental leave. Member States and/or social partners shall ensure that workers, when returning from parental leave, may request changes to their working hours and/or patterns for a set period of time. Member States and/or social partners shall entitle workers to time off from work on grounds of force majeure for urgent family reasons in cases of sickness or accident making the immediate presence of the worker indispensable

Proposal for a DIRECTIVE on work-life balance for parents and carers and repealing Council Directive 2010/18/EU In 2008 the European Commission submitted a proposal to modify the Maternity Leave Directive. Given that after more than four years the co-legislators had still not been able to reach an agreement, the Commission decided to withdraw the proposal in 2015. A further initiative was submitted in 2017 within the European Pillar of Social Rights, this time seeking to repeal the Parental Leave Directive. A first-phase consultation (11.2015) was followed by a second-stage consultation (13.7.2016). The results of this consultations were considered by the Commission when drafting the new proposal that was submitted on 26.4.2017. The general objective of the proposal is ‘to ensure the implementation of the principle of equality between men and women with regard to labour market opportunities and treatment at work’. Its specific objectives are: to improve access to work-life balance arrangements (for example leave and flexible working arrangements); to increase take-up of family-related leave and flexible working arrangements by men.

Proposal for a DIRECTIVE on work-life balance for parents and carers and repealing Council Directive 2010/18/EU The proposal encourages a better sharing of caring responsibilities between women and men by: Introducing a paternity leave (at least 10 working days around the time of birth of the child, compensated at least at the level of sick pay). Strengthening parental leave (at least 4 months per parent, that cannot be transferred between parents, and compensated at least at sick pay level). Parents can take leave in flexible forms (full-time, part-time, etc.). Parents can take leave until their child is 12 years old. Introducing a carers' leave for workers caring for a seriously ill or dependent relative (5 days of carers’ leave per year compensated at least at the level of sick pay).

Proposal for a DIRECTIVE on work-life balance for parents and carers and repealing Council Directive 2010/18/EU Right to request flexible working arrangements for parents of children up to 12 and carers with dependent relatives (reduced working hours, flexible working hours, flexibility on the place of work). BUT “The reconciliation of professional, private and family life is a wide-ranging concept that involves many different policies, such as family leaves, flexible working arrangements and formal care services” (M. Thyssen).