Work Life Balance

Parental leave

Revised Framework Agreement between European social partners on parental leave – Council Directive 2010/18/EU

— It implements the revised Framework Agreement on parental leave concluded by the European social partners on 18 June 2009.

KEY POINTS

— Workers are entitled to parental leave on the birth or adoption of a child. Such leave may be taken until the child has reached an age determined by national law and/or collective agreements, but before the age of 8.
— This Directive applies equally to all workers, men and women, irrespective of their type of employment contract (open-ended, fixed-term, part-time or temporary).
— Parental leave must be granted for at least a period of 4 months as an individual right of both parents. In principle, workers should be able to take all of their leave. It should therefore not be transferable from one parent to the other. However, such transfers may be authorised on condition that each parent retains at least one of the 4 months of leave with a view to encourage a more equal uptake of parental leave by both parents. The Directive sets minimum standards, so that EU countries may apply or introduce more favourable provisions.

Taking of leave

— The conditions of access to leave and the circumstances for taking leave are defined by national law and/or collective agreements. For example, EU countries and/or social partners may:
— provide for the granting of leave on a full-time or part-time basis, in a piecemeal way or in the form of a time-credit system, taking into account both employers’ and workers’ needs;
— make the right to parental leave subject to a length of service qualification which shall not exceed 1 year. Where applicable, that period shall be calculated taking account of all the successive fixed-term contracts concluded with the same employer;
— define the circumstances under which the employer is authorised to postpone leave for justifiable reasons related to the operation of the organisation;
— authorise special arrangements to ensure the proper operation of small undertakings.

Workers wishing to take parental leave must give notice to the employer. The period of notice shall be specified in each EU country taking into account the interests of both workers and employers.

The Directive also encourages EU countries and/or social partners to define additional measures and/or the specific conditions for the taking of leave by adoptive parents and parents of children with a disability or a long-term illness.

Return to work and non-discrimination

— After taking parental leave, workers shall have the right to return to the same job. If that is not possible, the employer must provide them with an equivalent or similar job consistent with their employment contract or employment relationship.
— In addition, rights acquired or in the process of being acquired by the worker on the date on which parental leave starts:
— must be maintained as they stand until the end of the leave;
— must apply at the end of the leave, as must all changes arising from national law, collective agreements and/or practice.

Similarly, workers must be protected against less favourable treatment or dismissal on the grounds of an application for, or the taking of, parental leave.

EU countries and/or the national social partners decide on all matters regarding social security and income in relation to parental leave. The Agreement does not therefore contain rules on the payment of salary or compensation during parental leave.

Lastly, on their return from leave, workers must be able to request changes to their working hours and/or patterns for a set period of time. Employers have to consider and respond to such requests, taking into account both employers’ and workers’ needs.
Leave on grounds of ‘force majeure’ (unforeseeable circumstances)

Workers may also request leave on grounds of force majeure for family reasons. Such leave may be requested in particular in cases of sickness or accident making the immediate presence of the worker within the family indispensable.

It entered in to force on 7 April 2010. EU countries had to incorporate it in national law by 8 March 2012.

BACKGROUND

This Agreement follows the Framework Agreement of 14 December 1995 on parental leave, which was given legal effect by Council Directive 96/34/EC.

It represents a means of better reconciling workers’ professional and parental responsibilities and of promoting equal treatment between men and women.

It is implemented, in accordance with Article 155(2) of the Treaty on the Functioning of the European Union, by a Council Directive.

Parental leave: revised Framework Agreement

ACT

Council Directive 2010/18/EU of 8 March 2010 implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC (OJ L 68, 18.3.2010, pp. 13–20)

Work-life balance for parents and carers

Directive (EU) 2019/1158 on work-life balance for parents and carers
It seeks to ensure gender equality with respect to labour market opportunities and treatment at work throughout the EU by facilitating the work-life balance for workers who are parents or carers.
It sets out minimum requirements for family-related leaves (paternity, parental and carers’ leave) and flexible working arrangements.
It seeks to increase women’s participation in the labour market and to achieve a better sharing of caring responsibilities between men and women.

It creates incentives for men to assume an equal share of caring responsibilities by creating paid paternity and parental leave which is one of the reasons of the low take-up of leave by fathers.
The imbalance in the design of work-life balance policies between women and men reinforces gender stereotypes and differences between work and care. Policies on equal treatment should aim to address the issue of stereotypes in both men’s and women’s occupations and roles.

Scope

The directive relates to all men and women who have an employment contract or an employment relationship as defined by the law, collective agreements or practice in force in each EU country, taking into account the case-law of the Court of Justice of the EU.

Minimum rights

The directive provides for minimum individual rights related to the following:

paternity leave, parental leave and carers’ leave;
flexible working arrangements for workers who are parents, or carers; and
legal protection for those applying for or making use of family-related leave and flexible working arrangements.
EU countries may choose to introduce or maintain rules that are more favourable to workers.

Paternity leave

Fathers or equivalent second parents have the right to take paternity leave of 10 working days on the birth of a child.
Paternity leave has to be paid at the national sick pay level.
The right to paternity leave must not be made subject to a period of work qualification or to a length of service qualification.
EU countries may make the right to a payment or an allowance subject to periods of previous employment, which must not exceed 6 months immediately prior to the expected date of the birth of the child.

Parental leave

Each worker has an individual right to 4 months’ paid parental leave, 2 months of which are non-transferable between the parents.
At least 2 months of parental leave per parent need to be paid at an adequate level.
EU countries may make the right to parental leave subject to a period of work qualification or to a length of service qualification, which must not exceed 1 year.
EU countries must ensure that workers have the right to request that they take parental leave in a flexible way, such as on a part-time basis, or in alternating periods of leave separated by periods of work.

Carers’ leave

The directive introduces rules for carers, namely workers caring for relatives requiring support due to serious medical reasons. These rules also cover care for a person who lives in the same household as the worker.
Each carer is entitled to take 5 working days per year.

Flexible working arrangements

Workers with children up to a specified age, but at least 8, and carers have the right to request flexible working arrangements for caring purposes.
These arrangements include the use of remote working arrangements, flexible working schedules, or a reduction in working hours.
Employers must deal with these requests within a reasonable period of time and provide reasons for refusing or postponing such arrangements.
EU countries may make the right to request flexible working arrangements subject to a period of work qualification or to a length of service qualification. This period must not exceed 6 months.

Legal protection

EU countries must introduce rules to ensure:

workers are protected from discrimination and dismissal on the grounds that they have applied for, or have taken, family-related leave or flexible working arrangements;
workers who consider that they have been dismissed on the basis that they have exercised such rights should be able to ask the employer to provide duly substantiated grounds for the dismissal;
the previous job and the rights acquired or in the process of being acquired before leave by the worker are maintained after the leave.

FROM WHEN DOES THE DIRECTIVE APPLY?

The directive repeals Directive 2010/18/EU on parental leave from 2 August 2022.

It has applied since 1 August 2019 and has to become law in the EU countries by 2 August 2022 (except for the payment of the last 2 weeks of parental leave, for which the deadline is 2 August 2024).DOCUMENT

Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU (OJ L 188, 12.7.2019, pp. 79-93)

Successive amendments to Directive 2010/18/EU have been incorporated into the original document. This consolidated version is of documentary value only.

Council Directive 92/85/EEC of 19 October 1992 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 (tenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (OJ L 348, 28.11.1992, pp. 1-7)

European Foundation for Living and Working Conditions

Regulation (EU) 2019/127 establishing the European Foundation for the improvement of living and working conditions (Eurofound)

It repeals and replaces Regulation (EEC) No 1365/75 which, in 1975, established the European Foundation for the Improvement of Living and Working Conditions (Eurofound).

It adapts the rules concerning Eurofound to take into account as far as possible its tripartite nature. It is governed by a board comprising representatives of:
EU countries’ governments;
employers and workers of EU countries — social partners; and
the European Commission.

Objective

As one of the EU’s decentralised agencies, Eurofound’s objective is to support the Commission, other EU institutions and organisations, EU countries and the social partners in shaping and implementing policies concerning:

improving living and working conditions;
devising employment policies; and
promoting dialogue between management and labour forces.
It seeks to meet this objective by:

enhancing and disseminating knowledge;
providing evidence and services for the purpose of policymaking, including research-based conclusions; and
facilitating knowledge-sharing among interested parties at EU and national levels.

Tasks

While fully respecting EU countries’ own responsibilities, Eurofound:

analyses developments and provides comparative analyses of policies and practices in EU countries and, where relevant, other countries;
collects data and analyses trends in living and working conditions, employment and labour market developments;
analyses the developments in industrial relation systems, in particular social dialogue at EU and national levels;
studies and researches relevant socioeconomic developments and related policy issues;
carries out pilot projects and preparatory actions, where requested to do so by the Commission;
provides forums for sharing experiences and information between interested parties at national level;
manages and makes available tools and datasets to policymakers, the social partners, academic bodies and other interested parties;
establishes a strategy for relations with non-EU countries and international organisations concerning matters for which it is responsible.

Organisation

Eurofound, which is based in Dublin, Ireland, has a management board, an executive board and an executive director.

Management board

It comprises:

1 representative from each EU country;
1 representative of the employers’ organisation for each EU country;
1 representative of the employees’ organisation for each EU country;
3 members representing the Commission;
1 independent expert appointed by the European Parliament.
The board’s main functions are to:

provide Eurofound’s strategic direction;
adopt Eurofound’s programming document;
adopt Eurofound’s budget;
adopt rules of procedure (including those of the Executive Board), financial rules, rules on preventing and managing conflicts of interest and an anti-fraud strategy;
appoint the Executive Director.
The Board elects, by a majority of two-thirds, a chairperson and 3 deputy chairpersons representing the various interests. Their term of office is 1 year and renewable.

It may establish advisory committees in line with the policy priority areas outlined in Eurofound’s programming documents.

Executive

The executive board assists the management board by:

preparing its decisions;
monitoring, together with the management board, any follow-up to findings and recommendations stemming from internal or external audit reports, and OLAF investigations;
advising the executive director in the implementation of management board decisions, in order to reinforce the supervision of administrative and budgetary management.

Executive director

The executive director is responsible for:

Eurofound’s management and the implementation of Eurofound’s tasks and budget;
drawing up a draft programming document containing a multiannual and an annual work programme in line with Regulation (EU) No 1271/2013 on the financial rules adopted by the EU’s agencies and bodies.

Work programmes

The draft programming document is submitted to the management board for its approval and then submitted to the Commission, the European Parliament and the Council before 31 January each year.

The multiannual work programme sets out:
overall strategic programming, including objectives;
expected results and performance indicators;
resource programming including multiannual budget and staff.

The annual work programme must be consistent with the multiannual work programme and comprises:
detailed objectives and expected results, including performance indicators;
a description of the actions to be financed, including planned measures to increase efficiency;
an indication of the financial and human resources allocated to each action;
possible actions for relations with non-EU countries and international organisations.

Both programmes must avoid overlaps with work carried out by other EU agencies. Eurofound coordinates closely with 2 other tripartite agencies: the European Agency for Safety and Health at Work (EU-OSHA) and the European Centre for the Development of Vocational Training (Cedefop).
Budget

Estimates of all revenue and expenditure for Eurofound must be prepared each financial year and shown in Eurofound’s budget. The budget must be balanced in terms of revenue and expenditure.

Its revenue side comprises:
a contribution from the EU’s general budget;
voluntary financial contributions from EU countries;
charges for publications and any service provided by Eurofound;
any contribution from non-EU countries involved in Eurofound’s work.
Its expenditure side includes:
staff remuneration;
administrative and infrastructure expenses;
operational expenditure.

Evaluation

By 21 February 2024, and every 5 years thereafter, the Commission must ensure that an evaluation is carried out to assess Eurofound’s performance in relation to its objectives, mandate and tasks.

It has applied since 20 February 2019.

DOCUMENT

Regulation (EU) 2019/127 of the European Parliament and of the Council of 16 January 2019 establishing the European Foundation for the improvement of living and working conditions (Eurofound), and repealing Council Regulation (EEC) No 1365/75 (OJ L 30, 31.1.2019, pp. 74-89)

Regulation (EU) 2019/126 of the European Parliament and of the Council of 16 January 2019 establishing the European Agency for Safety and Health at Work (EU-OSHA), and repealing Council Regulation (EC) No 2062/94 (OJ L 30, 31.1.2019, pp. 58-73)

Regulation (EU) 2019/128 of the European Parliament and of the Council of 16 January 2019 establishing a European Centre for the Development of Vocational Training (Cedefop) and repealing Council Regulation (EEC) No 337/75 (OJ L 30, 31.1.2019, pp. 90-105)

Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 328, 7.12.2013, pp. 42-68)
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