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This week, the Women’s Rights Committee of the European Parliament (EP) adopted the report on the Directive on Maternity Leave. However, Edite Estrela, the rapporteur, was not able to gain approval for all her requests. The most important results: 20 weeks maternity leave, of that at least 6 weeks after giving birth; full payment during maternity leave; the protection against dismissal applies from the beginning of a pregnancy to the end of the maternity leave; the Directive applies to self-employed workers; voluntary paternity leave of 2 weeks after childbirth.

20 weeks maternity leave shall be guaranteed

The Women’s Rights Committee agreed on 20 weeks maternity leave. This was one of the most controversial issues. The only fly in the ointment is that a so-called Passerelle clause was also adopted, which says that the Member States are able to regard the last 4 of the 20 weeks as part of the system to grant leave for family reasons, which exists at national level. This means that a part of the qualifying period can be offset against the maternity leave. With a single stroke, 20 are turned into only 16 weeks maternity leave.

Full payment during maternity leave, Paternity leave only voluntary

The motion of the rapporteur with respect to full payment during the maternity leave was met with wide approval. The rapporteur also tried to reach agreement on mandatory paternity leave within the scope of the Directive on Maternity Leave. This attempt, however, failed. Now only voluntary paternity leave is mentioned. Furthermore, the obligatory part of the maternity leave was set at 6 weeks after giving birth. Important is that this applies irrespective of existing national legal provisions, which provide for an obligatory maternity leave prior to giving birth. Hence, Austria would not need to initiate any legal changes.

The report will be put to the vote in plenary in March

The report of the Women’s Rights Committee will be put to the vote in plenary in March. A coalition of Conservative and Liberal MEPs had already voted against Estrala’s plans in June last year. It is difficult to say whether this will happen again. It is possible, because compared to last year the political majorities in the EP have not significantly changed.


Further Information:

Press release of the European Parliament