The teachers’ union is rejecting claims by the European Commission that the government was in talks with it to settle an issue over maternity leave which appears to be in conflict with EU laws
Outgoing Malta Union of Teachers president John Bencini insisted that, irrespective of what European Justice Commissioner Viviane Reding had said, it was not true the issue was being discussed.
“I would like to clarify that no negotiations are being held as claimed by the Commission. We are very surprised by the Commission’s claims because the government never contacted us to discuss this important matter. No discussions or talks were ever held.”
The MUT even sent a clarification letter to Ms Reding telling her the information she gave – based on data provided by the Maltese authorities – in a reply to a parliamentary question by Nationalist MEP Simon Busuttil was wrong.
Contacted for a reaction, an Education Ministry spokesman confirmed no discussions were being held with the MUT.
The spokesman said: “This issue is the subject of internal discussions within the ministry and there have been no formal talks with the stakeholders involved so far.”
Dr Busuttil asked Ms Reding for an update on an investigation launched last year into allegations that the Education Department was not allowing teachers to avail themselves of their full 14-month maternity leave when this coincided with the summer recess.
Ms Reding said: “The Commission has learned that the issue of maternity leave in the education sector is the subject of discussion between the government and the Malta Union of Teachers and is inquiring informally about the progress of these discussions to the Maltese authorities.”
She also said it was the responsibility of Malta to ensure the correct application of EU law and warned that, if the island did not comply, the Commission would take all the necessary steps to redress the issue to ensure full compliance.
The MUT said the commissioner had been wrongly informed. “Although we did not have any discussions yet, I would like to make it clear we would like to find a modus operandi,” Mr Bencini said.
Admitting that the absence of teachers from a classroom for a long time might have a negative impact on students, Mr Bencini said the MUT was ready to discuss the best way forward so that teachers could avail themselves of their rights.
He said the problem might have more serious repercussions on Church schools where finding replacement teachers for a full 14-week period could be an uphill struggle. “That is why we cannot leave this problem pending,” he said.
The issue was first raised at EU level by Dr Busuttil after he received complaints from female teachers that the Education Department was not allowing them to make use of their full 14-week maternity entitlement, over and above their statutory summer holidays.
According to EU case law, Malta may be breaching EU rules since a worker must be able to take her annual leave outside her maternity leave even when this coincides with the general period of annual leave determined by collective agreements for the entire workforce.
At the moment, the Education Department is taking the “normal” summer holidays to form part of the 14-week maternity entitlement, meaning female teachers are losing out on their annual vacation leave entitlement.
Following the complaints, Brussels opened an investigaton.
Commission sources said last October that, prima facie, it appeared the Maltese application of EU rules in this area was defective. According to a 2004 ruling by the European Court of Justice, a worker must be able to take her annual leave during a period other than the period of her maternity leave.