In figures:
- the overall employment rate of women is still 11.6 percentage points lower than that of men
- women working part-time is 31.5%, compared to 8.2% of working men
- just over 50% of women work full-time, compared to 71.2% of men
- caring responsibilities accounts for almost 20% inactive women, compared to less than 2% of men
To modernise the existing legal framework, the Commission has proposed a directive on work-life balance which will preserve existing rights and build on them with improved and new rights for both women and men.
The proposal seeks to promote a good balance between family and professional commitments and to provide more equal opportunities for women and men in the workplace and at home. EU and national legislation and policies should:
- help employees to reconcile work and family life
- help companies to retain talent
- promote flexibility for both employers and workers
- promote equal opportunities
- generate economic growth and benefit society as a whole, including children and persons who need family care
Article 23 - Equality between women and men
Equality between women and men must be ensured in all areas, including employment, work and pay.
The principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the under-represented sex.
Charter of Fundamental Rights of the European Union, Art 23
Why do we need it?
The general objective of this directive is to:
- ensure the implementation of the principle of equality between men and women with regard to labour market opportunities and treatment at work
- allow parents and people with caring responsibilities to better reconcile their work and caring duties
Equality between men and women is a fundamental principle of the EU. However, across the European Union, women remain considerably underrepresented in the labour market and in management. In particular, this new initiative seeks to encourage a better sharing of caring responsibilities between women and men.
The economic loss is €370 billion per year, due to the gender employment gap in the EU. The work-life balance package, should help working parents and carers by not obliging them to choose between their family lives and their working careers.
Article 33 - Family and professional life
The family shall enjoy legal, economic and social protection.
To reconcile family and professional life, everyone shall have the right to protection from dismissal for a reason connected with maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child.
Charter of Fundamental Rights of the European Union, Art 33
In detail
Legislative measures
The Commission's proposal for a directive on work-life balance for parents and carer sets new or higher minimum standards so as to create more convergence between EU member states, preserving and extending existing rights as follows:
- paternity leave - new right at the EU level
- parental leave - proposed to be paid
- carer's leave - new right at the EU level
- flexible working arrangements - to include carers and update the level of protection
The presidency of the Council and the European Parliament reached a provisional agreement on some key elements of the proposal for a directive on work-life balance for parents and carers on 24 January 2019.
Paternity leave
Fathers or second parents will be able to take at least 10 working days around the time of birth of a child paid at a level equal to that currently set at EU level for maternity leave. Member states with more generous parental leave systems will be able to keep their current national arrangements.
Parental leave
Individual right to 4 months, from which 2 months are non-transferable between the parents and are paid. The level of payment is to be set by member states.
Carers' leave
A new concept at EU level - for workers caring for relatives in need of care or support due to serious medical reasons - 5 working days per year. This may vary among member states - they may allocate leave on a case-by-case basis and may introduce additional conditions for the exercise of this right.
Flexible working arrangements
There will also be an extension of the right to request flexible working arrangements for working carers in addition to this right for all parents.
Non-legislative measures
In order to complement the legislative proposal, the Commission's initiative contains a set of non-legislative measures to support member states in achieving the common goals. These include:
- ensuring protection against discrimination and dismissal for carers and parents, including pregnant women and workers coming back from a leave
- encouraging a gender-balanced use of family-related leaves and flexible working arrangements
- making better use of European funds to improve long-term and childcare services
- removing economic disincentives for second earners which prevent women, in particular, from accessing the labour market or working full-time
In the Council
The Commission presented its new proposal for a directive on work-life balance for parents and carers to the Council in December 2016. The Council, together with the European Parliament, are the two legislators who will decide on the final content and wording of the Directive. The Council represents the member states.
The Council Social Questions Working Party (SQWP) examined the proposal.
The Council held a debate with ministers of member states on the new proposal in December 2017. The Council agreed its negotiating position (general approach) on the directive on work-life balance for parents and carers on 21 June 2018. On the basis of this mandate, the Council Presidency started negotiations with the European Parliament.
The presidency of the Council and the European parliament reached a provisional agreement on some key elements of the proposal for a directive on work-life balance for parents and carers on 24 January 2019.
On 6 February 2019, the EU members states' representatives in the Council of the EU endorsed the provisional agreement on the directive.
On 13 June 2019 the Council adopted the directive. It will enter into force on the twentieth day following its publication in the Official Journal of the EU. Member states will then have three years to adopt laws, regulations and administrative provisions necessary to comply with the directive, by 2 August 2022.
