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Mapping national provisions on
maternity leave and related benefit
payments in Member States
Brussels, 26 February 2015
Jorge Cabrita
Research Officer
Working Conditions and Industrial Relations unit
Outline
Background
Definitions
Update on main maternity leave provisions:
Duration
Allowance
Relation to sick pay
Pregnant or breastfeeding workers
Links to parental and paternity leave
Policy implications
02/03/2015 3
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;
Directive 2010/18/EU sets the minimum duration of parental leave at 4
months but does not provide for a minimum replacement-rate of previous
income;
‘Europe 2020 integrated guidelines’, importance of implementation and
assessment of employment policies that promote gender equality and
work-life balance;
Directive 2006/54/EC, aka Recast Directive, stipulates that ‘Member
States shall encourage the social partners to promote equality between
men and women, and flexible working arrangements, with the aim of
facilitating the reconciliation of work and private life.’
Background
Maternity, Parental and Paternity leave -
definitions
Maternity leave usually means a pre and post-natal break from work
for the mother of a newly born child. Maternity leave serves as the
basic period for the physical recovery after the childbirth.
Parental leave is perceived as part of workers’ rights and
entitlements. It refers to a relatively long-term leave available to either
or both parents, allowing them to take care of an infant or young child
over a period of time, usually following the maternity or paternity leave
period.
Paternity leave is generally a short period of leave only for the father,
immediately following childbirth and the main purpose is to allow him
spending some time with the new child and his partner.
Duration of Maternity leave,
EU 2015 (weeks)
Source: EurWORK, Eurofound’s network of European correspondents.
Maternity allowance:
What’s the relation to salary? (%)
Source: EurWORK, Eurofound’s network of European correspondents.
Who is responsible for payment of
the maternity allowance?
Source: EurWORK, Eurofound’s network of European correspondents.
Responsible for
payment Countries
Employer Denmark, Malta, Romania and UK
Mix Austria and Greece (public), Germany (employer & health insurance)
Public authorities
*
‘Social Security’
Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Finland, France,
Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland,
Portugal, Slovakia, Slovenia, Spain, Sweden
• In Denmark, Romania and UK, the employers are reimbursed by the
public authorities;
• In Malta, the employers fully bear the payment of the maternity
allowance.
Is maternity leave allowance
related to sick pay?
Source: EurWORK, Eurofound network of correspondents.
Countries
Not related
Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, France, Germany, Italy,
Latvia, Lithuania, Malta, Netherlands, Poland, Portugal, Romania, Slovenia,
Spain, UK [19]
Related
Czech Republic - both paid by the sickness insurance system
Estonia – maternity as one type of temporary incapacity to work
Finland - both under Health Insurance Act
Hungary - both part of Health Insurance Benefits and similar calculation
Luxembourg - maternity is treated as a period of sick leave (medical cert)
Sweden - maternity benefits should correspond to the level of sickness
allowance
Note: maternity allowance is, in general, higher than sick pay.
Pregnant or breastfeeding worker
transferred to lower paid job?
Source: EurWORK, Eurofound’s network of European correspondents.
Art. 5, 6 and 7 (Directive 92/85/EEC) - Pregnant or breastfeeding workers are
under no circumstances obliged to perform work entailing risks to their safety
and health, risks of exposure to physical, chemical and biological agents or
night work.
However: what happens if they have to be transferred to a lower paid job?
• In general, workers are entitled to receive an amount equal to their salary
before pregnancy; if the adaption is not possible they are entitled to leave.
• Some Member States have a compensatory benefit or pay bridging the
difference: eg. Belgium, Bulgaria, Czech Republic, Estonia and Poland;
• Some Member States have provisions in the labour law stating that the
worker is entitled to the full salary earned before pregnancy: eg. France,
Italy, Latvia, Lithuania, Netherlands, Portugal.
What message do family leaves convey?
Source: EurWORK, Eurofound’s network of European correspondents.
Paternity Parental Maternity (mandatory)
Cyprus No Unpaid 11W (=𝑥 ), 72%
Ireland No Unpaid 6W (<𝑥 ), flat rate
Malta No Unpaid 14W (>𝑥 ), 100% & flat rate
Greece 2d (non mand.) Unpaid 17W (>𝑥 ), 100%
Netherlands 2d (non mand.) Unpaid 16W (>𝑥 ), 100%
Spain 15d (non mand.) Unpaid 6W (<𝑥 ), 100%
UK 14d (non mand.) Unpaid 2W (<𝑥 ), 90% or flat rate
Is childcare exclusively a women’s issue?!?
Weak promotion of the fathers role.
13
Some (other) important aspects
• National statutory provisions have a “powerful influence” over the take
up of parental leave;
• Financial support is critical: high earning-replacement rates (low-paid
workers / low-income households);
• Strategies to minimise barriers to take up of family leaves at the
workplace (eg. return to work programmes);
• Workplace level: flexibility of arrangements and general employer
practices are key determinants of behaviour and attitudes of parents;
• Most activities in the area of gender equality and work-life balance can
be classified as campaigning or educational rather than
‘transformative’;
0 20 40 60 80
Combination of commuting time, unpaidwork, studying..
Caring for other adults and young children
Paid working hours
Women
Men
Source: Fifth European Working Conditions Survey
Time spent per week
64h
53h
26h
9h
14
Poor fit between working time and
commitments outside work, EU27
0%
5%
10%
15%
20%
25%
male female male female male female male female
under 35 35-49 50+ Total
Not very well Not at all well
Source: 5th European Working Conditions Survey, 2010
16
• There is room for improvement;
• Incentives: earning-replacement rates during leave (household);
• Workplace: reintegration into work.
• Social partners as key actors.
• [Avoid] administrative, legal and financial constrains – (SMEs).
• Emphasis on encouraging men: they are part of it;
• ‘Transformative’ policies.
Policy implications
Eurofound
Thank you!
Please consult our website www.eurofound.europa.eu
for more information and publications
jorge.cabrita@eurofound.europa.eu
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