Mapping national provisions on maternity leave and related benefit payments in Member States Jorge Cabrita Research Officer Working Conditions and Industrial Relations unit Brussels, 26 February 2015
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
Background 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.’ 02/03/2015 3
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? Responsible for Countries payment Employer Denmark, Malta, Romania and UK Mix Austria and Greece (public), Germany (employer & health insurance) Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Finland, France, Public authorities * Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, ‘Social Security’ 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. Source: EurWORK, Eurofound’s network of European correspondents .
Is maternity leave allowance related to sick pay? Countries Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, France, Germany, Italy, Latvia, Lithuania, Malta, Netherlands, Poland, Portugal, Romania, Slovenia, Not related Spain, UK [19] 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 Related 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. Source: EurWORK, Eurofound network of correspondents.
Pregnant or breastfeeding worker transferred to lower paid job? 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. Source: EurWORK, Eurofound’s network of European correspondents.
What message do family leaves convey? Paternity Parental Maternity (mandatory) 11W (= 𝑦 ), 72% Cyprus No Unpaid 6W (< 𝑦 ), flat rate Ireland No Unpaid 14W (> 𝑦 ), 100% & flat rate Malta No Unpaid 17W (> 𝑦 ), 100% Greece 2d (non mand.) Unpaid 16W (> 𝑦 ), 100% Netherlands 2d (non mand.) Unpaid 6W (< 𝑦 ), 100% Spain 15d (non mand.) Unpaid 2W (< 𝑦 ), 90% or flat rate UK 14d (non mand.) Unpaid Weak promotion of the fathers role. Is childcare exclusively a women’s issue?!? Source: EurWORK, Eurofound’s network of European correspondents.
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 ’; 13
Time spent per week Paid working hours 26h Caring for other adults and young children Women 9h Men 64h Combination of commuting time, unpaid work, studying.. 53h 0 20 40 60 80 Source: Fifth European Working Conditions Survey 14
Poor fit between working time and commitments outside work, EU27 25% 20% 15% 10% 5% 0% male female male female male female male female under 35 35-49 50+ Total Not very well Not at all well Source: 5 th European Working Conditions Survey, 2010
Policy implications • 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. 16
Eurofound Please consult our website www.eurofound.europa.eu for more information and publications Thank you! jorge.cabrita@eurofound.europa.eu
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