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