A new EU law enhancing the family-friendly measures already enjoyed by most employees across Europe is in the pipeline. European social partners have recently agreed to increase parental leave from the current three months to four months. This benefit will apply to all employees irrespective of the type of contract that they have been engaged on, that is, whether they have been engaged on a fixed-term, indefinite, part-time or temporary contract.
A three-month parental leave period was agreed to between the social partners way back in 1995. This agreement was implemented via a directive which endowed most employees across Europe with the legal right to take such parental leave. The agreement has now been reviewed with the objective of addressing the defaults that resulted from the previous agreement and of reflecting any changes that have occurred in society and on the labour market over the past years.
Besides increasing the period of parental leave entitlement for both the mother and the father from three to four months, the new agreement also endows parents returning to work after parental leave with the opportunity to request a change to their working conditions. The have the right in particular to request a change in their working hours if they feel that this is in the best interests of their family.
The agreement also increases the protection of those employees who exercise their right to parental leave not only against unfair dismissal but also against any unfavourable treatment in their regard as a result of the exercise of such right. Indeed, at the end of the parental leave period, employees shall have the right to return to the same job or, if that is not possible, to an equivalent or similar job consistent with their employment contract or employment relationship.
Parents who have adopted a child are also eligible to benefit from parental leave under these new rules.
The ball is now in the court of the European Commission to examine the agreement and submit a proposed law to the European Council for its implementation. Though much still remains to be done for the full implementation of this agreement at a national level, it is undoubtedly a major step forward in addressing one of the objectives of gender equality.
In particular, the fact that the agreement specifically stipulates that one of the four months is non-transferable between the parents encourages both parents to take-up more equal periods of leave. In this way, it promotes an equal sharing between both parents of family-related responsibilities. Simultaneously, it might hopefully leave the desired effects of encouraging the return of more women to the workplace and of addressing the significant imbalance at the workplace that to date still exists between the genders.
Dr Vella Cardona is a practising lawyer and a freelance consultant in EU, intellectual property, consumer protection and competition law. She is also a visiting lecturer at the University of Malta.
mariosa@vellacardona.com