In accordance with its 2015 Work Programme, the EU Commission decided this week to withdraw the Maternity Leave Directive - a proposal, which would have led to the improved reconciliation between work and family life. However, in this case one cannot pass the blame onto the EU Commission; it is rather a question of the gap between the ideas of EU Parliament and Member States being too wide. The negotiations lasted seven years - unfortunately to no avail. The Commission now intends to take a slower approach and will only outline new ideas in its 2016 Work Programme.

Maternity Leave Directive was not politically feasible

As announced, the Commission decided no longer to be a spectator of the drama between EU Parliament and Member States. After seven long years, during which no political agreement could be reached, it finally pulled the ripcord, which means an end to the planned Maternity Leave Directive. This is legally permissible. However, it is doubtful whether the Commission will come up with a better proposal. It will probably forego a new legislative initiative and instead present non-binding guidelines. From a social policy point of view this is unsatisfactory. The Commission itself let it be known that in future the reconciliation between work and family life would be improved, the participation of women in the labour market would be promoted and that a certain minimum protection for mothers would be ensured. A schedule is soon to provide more information; eventually, one will have the chance to read on these issues in more detail in the Commission's 2016 Work Programme.

EU Parliament disappointed about the failure of the Maternity Leave Directive

The EU Parliament was naturally disappointed about the current situation. All its efforts to protect pregnant employees at EU level have failed. The Member States, which used the suggestion that the Maternity Leave Directive would result in financial burdens as their main argument, have prevailed. This has also been the main argument of business. Even Austria had applied the brakes in many sectors, not least pointing to the threat of additional costs, should maternity leave be extended to more than 16 weeks. However, the fact that the EU Commission withdrew the Maternity Leave Directive under the guise of reducing bureaucracy leaves a bitter taste. This has to be regarded as a failed attempt, as the Maternity Leave Directive would not have caused any unnecessary bureaucratic burden.

Further information:

Press release of the EU Commission