The maternity leave directive

In view of the debate before the European Parliament on the maternity leave directive today, the Nation­al Council of Women is urging all concerned to take into consideration the following.

The costs of maternity and paternity leave need to be addressed through a wider perspective. There is need to point out that the primary aim of controversial Directive 92/85 EEC on maternity leave is to introduce measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding. The second aim is to pave the way for a sharing of family care and work responsibilities for both men and women.

Avoiding narrowing the scope and implications of the maternity leave directive is necessary, consequently, the importance of a holistic and comprehensive approach to these matters to see the whole picture and achieve economic and social progress is a priority. In this context, policy makers must consider different needs, competing values and conflicts of interest in issues such as demographic concerns (including low birth rate and fast growing number of pensioners), labour market needs, accessible and affordable childcare facilities, reconciliation of working, family and private life, the fight against poverty and social exclusion, the best interest of the child, equal opportunities for women and men, solidarity between generations and education and lifelong learning.

Keeping women in the labour market is a priority. Labour market inequalities make it rational for many women, rather than their male partners, to give up employment to care for children or others. Longer spells of unemployment to reconcile work and maternity can have negative consequences for experience, skills and motivation for re-entry into the labour market.

At EU level, the gap between women and men with dependent children is also high (19 per cent). In Malta, the National Statistics Office needs to provide data on patterns of working mothers, including single parents entry, re-entry and non-return to the labour market so that the government can assess the costs of loss-of-female-workers potential to be able to address the deficit.

The needs of self-employed workers are also being addressed. Both within the EU and in Malta, SMEs are the backbone of the economy. The recent adoption of the directive on self-employed workers and assisting spouses endorsed by EU governments (June 7) improves the social protection rights of millions of women in the labour market, boosting female entrepreneurship.

In line with the priorities of the EU2020 strategy and the revised Working Time Directive, there is need for a national policy, a package of family-friendly measures for both the public and private sector while taking into consideration the situation of SMEs. This will ensure a level playing field in the sharing of costs and benefits for maternity and paternity leave by both the private and public sector, offering opportunities for an increase in employment rates

The extension of the maternity and paternity leave directive will come into force in three years’ time. This should give the government, in agreement with the social partners, time to consider the reform of maternity and parental leave payment through sharing the financial costs such as through the national insurance contributory system for all/part of the 18/20 weeks by: giving financial incentives for the private sector where positive action of integrated maternity and parental leave is taken; study the cost of non-participation by women of child rearing age in different occupations; launch Employment and Training Corporation schemes for the provision of supply workers during maternity and paternity leave; put in place a legal framework for temping agencies; have collective agreements with options to include lifelong learning opportunities offered by employers to women and men on parental leave or career breaks; further expand and subsidise care services for children and for sick, disabled and elderly people and enhancing their accessibility, through private/public partnerships through Structural Funds; draw up a framework for child minding services within the community for those mothers who can use adequate facilities at their home to offer the services and make legal provision on parental leave to encourage sharing care responsibilities between mothers and fathers.