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This week, the Plenum of the European Parliament debated the current state of the negotiations concerning the EU Directive on maternity leave. The reason was a question of the European Parliament to the Council, where a decision has been due for over a year, whether the Council would be prepared to compromise in order to reach agreement and finalize the Directive on maternity leave, which has been a subject of negotiations since 2008. To-date, agreement could not be reached because the great disparity of opinions adopted by both Council and European Parliament.
Agreement between Council and EU Parliament seems further away than ever

In 2008, the EU Commission proposed a revision of the Directive on maternity leave, which has been in effect since 1992. The most important points of the new Directive on maternity leave were to include an extension of the maternity leave from currently 14 to 18 weeks, of which six weeks had to be taken after giving birth. Also, that 100 % of the salary should be paid during maternity leave; however, that a restriction to the level of sick benefit should be possible. And, that women are given the right to ask their employer for more flexible working hours once their maternity leave has ended. The EU Parliament amended the proposal of the EU Commission to the effect that it was decided to extend maternity leave to 20 weeks, to pay continued wages at a level of 100 % and in addition, to provide paternity leave of two weeks at full pay. This was met with strong opposition by the Member States, who argued that the costs to meet all requirements were too high. This was also the reason why since the resolution by the EU Parliament in October 2010 nothing has happened at Council level and the respective acting presidencies did not have the Directive on maternity protection on their agenda.

EU Parliament is ready to negotiate in times of crisis

Following a year of stalemate between EU Parliament and Council, the debate has been given new impetus. To reach agreement with the Council, the EU Parliament is now prepared to negotiate and willing to depart from its ambitious demands, also in view of the different regulations on maternity leave in the individual Member States. The Council has been explicitly requested to adopt a formal position so that compromise discussions with the EU Parliament can begin. During the debate in the EU Parliament, the representative of the Council also voiced his willingness to compromise; however, he showed little understanding for the demands of the Parliament, which in his opinion went too far. In particular, continued pay at a level of 100 % would be an absolute no-no for many Member States, said the Council representative. As she had done repeatedly in the past, the rapporteur on the Directive on maternity leave in the European Parliament, Edite Estrela, made the point that maternity leave would be for the benefit of society and not pose a burden to the economy; hence, the argument of cost would not be the issue. Banks would always be supported at great speed, but not so the citizens, concluded Estrela. The Council of Employment Ministers, currently under the Polish Presidency, will submit a progress report on the Directive on maternity leave in December. However, concrete results can be expected under the Danish Presidency at the earliest.