Official Journ alof the EuropeanUnion 17.11.2009
Opinion of the Eu ropean Economic and Social Committee on the ‘ Proposal for a D irective of the 
European 
Parliament and of the Cou ncil 
amending Cou ncil 
Directive 
92/85/EEC on the introdu ction 
of 
measures 
to encou rage 
improvements in the safety and health at work of pregnant workers and 
workers who have recently given birth or are breastfeeding’
COM(2008) 637 final — 2008/0193 (COD )
(2009/C 
277/22)
Rapporteur: Ms HERCZOG
On 7 
November 
2008 the Coun cil 
decided to con sult 
the European 
Economic 
and 
Social Committee, un der 
Article 
262 of the Treaty estab lishing 
the European 
Community 
on 
the
Proposal for a Directive of the European Parliament and of the Council amending Council Directive 92/85/EEC 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
COM(2008) 637 fin
al 
- 2008/0193 (COD).
The Section  
for Employment, 
Social Affairs an d 
Citizenship, 
which was respon sible 
for preparin g 
the Com­
mittee’s work  
on 
the subject, 
adopted its opin ion 
on 6 
April 2009. The rapporteur was Ms HE RCZOG.
At
 its 453rd plen ary
 session,
 held on 13 and
 14 May 2009  (meeting
 of 13 May 2009), the E uropean
 Eco
­
nomic 
and 
Social Committee adopted the followin g 
opinion 
by 
82 votes to 37 with 2 ab stentions.
1.
 Conclusions 
and recommendations
1.1.  The 
Committee supports the Commission ’s 
proposal for a 
new 
directive to improve the protection  
offered to preg nant 
workers 
and 
workers 
who have recen tly 
given 
birth 
and/or 
are 
breastfeeding. 
1.2.
   The Committee sees this in itiative
 as an opportun ity
 to 
strengthen
 legislation
 that not
 only
 enables
 women to recover 
adequately followin g 
confinement, 
but 
also encourages 
them to 
breastfeed 
and 
helps them to forg e 
a strong 
bond 
with their n ew­
born 
child. 
1.3.   Unsafe
 working
 conditions
 during
 pregnancy
 and
 breast
­
feeding 
are unacceptable 
to the Committee. I n 
this sense, 
women 
should 
be 
encouraged 
to make 
their preg nancy 
known 
as soon 
as 
they are aware of it so that an y 
risk 
regarding 
health and 
safety 
can 
be 
assessed an d 
eliminated. 
Special atten tion 
should be 
paid 
to risks
 to both
 women’s
 and
 men’s
 fertility, as well as for the 
embryo. 
1.4.  The 
Committee also pleads for extra support for paren ts 
and 
infants 
with special n eeds 
or who fin d 
themselves in  
special 
circumstan ces,
 like
 premature, disab led
 or sick b abies,
 multiple 
births 
or hospitalisation , 
as well as adoption  
and 
fostering, 
etc. 1.5.   The Committee ag rees
 with the Commission that a min i
­
mum paid matern ity 
leave of 18 week s 
should be 
guaranteed 
to 
all pregnant
 employees. However, the Committee requests the 
Commission  
to consider 
the recommen dation 
of the Social Plat­
form
(1)Common position of the Steerin g  group  of Social Platform on
amendments 
on 
the directive amen ding 
Directive 92/85/E EC 
on
maternity 
leave, 19 February 
2009. (1), - including the European Women’s Lobby -, as well as 
those 
given 
by 
the WHO
(2)‘As a global public health recommendation, infants should be exclusively
breastfed for the first six months of life to achieve optimal growth, develop­
ment and health’ (Glob al 
Strategy 
on 
Infant 
and 
Young 
Child Feedin g 
-
A55/15, parag raph
  10), in:
 http://www.who.in t/nutrition/topics/
infantfeeding_recommendation/en/index.html. 
See also Michael S.
Kramer, 
Ritsuko 
Kakuma:
 The optimal duration of exclusive breastfeeding
- A systematic review, World Health Org anisation, 
2002, in:
http://www.who.in t/nutrition/topics/optimal_duration_of_exc_
bfeeding_review_eng.pdf. (2) and the UNICEF
(3)See: http://www.un icef.org. (3), which are b ased 
on 
the benefit 
for children  
to be 
exclusively b reastfed 
during 
their 
first six mon ths 
of life, as a health preven tion 
measure for b oth 
mother 
and 
child. It 
therefore recommen ds 
seeking 
for addition al 
legal 
and 
practical solution s, 
which, in 
terms of space an d 
time, 
can 
facilitate b reastfeeding.
1.6.  
On 
the other han d, 
the Committee con siders 
that sick 
leave 
during 
pregnancy 
should not 
have any 
impact on  
the whole dura­
tion 
of matern ity 
leave, but 
urges 
the Commission  
to precise 
which exact period b efore 
confinement 
is meant. N E 2 0 1 / 7 7 2 C
Official Journ alof the EuropeanUnion C 277/103
1.7.   The Committee welcomes the sug gestion  that Memb er  
States should tak e 
the necessary 
measures to protect preg nant 
or 
breastfeeding 
workers, 
within 
the meaning 
of article 2
(4)See: Coun cil  Directive 92/85/E EC  of 19 Octob er  1992, Article 2,
‘Definitions
’: For the purposes of this Directive:
(a)pregnant 
worker 
shall mean  
a pregnant 
worker 
who informs 
her
employer of her con dition, 
in 
accordance 
with national 
legisla­
tion 
and/or 
national 
practice;
(b)worker 
who has recen tly 
given 
birth 
shall mean  
a worker 
who
has recently 
given 
birth 
within 
the meaning 
of national 
legisla­
tion 
and/or 
national 
practice an d 
who informs 
her employer of
her condition, 
in 
accordance 
with that leg islation 
and/or 
prac­
tice;
(c)worker 
who is breastfeeding 
shall mean  
a worker 
who is breast­
f
eeding within the mean ing
 of national
 legislation
 and/or
national 
practice an d 
who informs 
her employer of her con di­
tion, 
in 
accordance 
with that leg islation 
and/or 
practice. (4)  o f  t h e  
original 
directive, from con sequences 
of unlawful 
dismissal.
1.8.  The 
Committee ag rees 
that women  
have the rig ht 
to return 
to 
employmen t, 
to the same or an  
equivalent 
post retain ing 
the 
same terms an d 
conditions, 
and 
to benefit 
from any 
improve­
ments
 in working
 conditions
 to which they would have b een
 
entitled 
during 
the period of their ab sence. 
1.9.  The 
Committee stron gly 
supports that paymen t 
during 
maternity 
leave be 
equal to the previous salary. This provision  
is 
not 
only 
a necessity, 
but 
also a way of recog nising 
of the value of 
mothering. 
1.10.  
In 
conformity 
with the flexicurity common  
principles 
and 
lifecycle 
approach, the Committee b elieves 
that the proposal has 
to be 
seen 
in 
the context 
of difficulties with the care n eeds 
of chil­
dren 
under 
the age 
of two
(5)See: Lamb , M.E. Ahnert, L (2006): Nonparental child care: Context, con­
cepts, correlates and consequences , in: 
W. Damon , 
R.M. lerner, 
K.A. 
Ren­
ninger, 
T.E. 
Sigel 
(eds): Han dbook 
of Child Psycholog y 
(Vol.4) Child
Psycholog y 
in 
Practice, pp. 950-1016, Hob oken, 
N.J. and 
Chichester,
Willey. (5). The use of flexib le working hours 
for 
parents 
negotiated 
by 
all partners 
has proven  
its worth in  
this 
context.
1.11.  Maternity 
leave as a mean s 
to protect preg nancy 
and 
maternity 
has to be 
clearly distin guished 
from paren tal 
leave. The 
proposed period of 18 week s 
aims primarily at en abling 
the 
recovery of women  
after giving 
birth 
and 
to ensure 
a minimum 
period 
of breastfeeding 
and 
bonding 
between 
the mother an d 
the 
newborn 
child. The Committee hig hlights 
the importan ce 
of 
parental
 leave as an opportun ity
 for both
 parents
 to spend
 
adequate time with their children , 
but 
believes 
that paren tal 
leave 
should follow on  
from matern ity 
leave and 
enable 
fathers to b en­
efit 
from this possib ility 
as well. 1.12.  The 
Committee tak es 
this opportun ity 
to suggest 
that ini­
tiatives 
be 
envisaged 
enabling 
grandparents 
and 
other close fam­
ily members 
to care for the children  
if working 
parents 
so wish as 
well and
 provided this is in the child’s in terest.
 Such a measure 
would help to address lab our 
market 
needs, 
as well as the recon ­
ciliation 
of working 
and 
private/family life. This temporary addi­
tional 
care provided b y 
family memb ers 
does not 
replace the 
State’s respon sibility
 to provide adequate day care, in terms of 
quantity 
and 
quality. 
1.13.  The 
Committee ack nowledges 
the importan ce 
of a holis­
tic and 
comprehen sive 
approach to these matters, to see the whole 
picture an d 
achieve econ omic 
and 
social prog re
ss. In this con text, 
policy 
makers 
should con sider 
different 
needs, 
competing 
values 
and 
conflicts 
of interest 
in 
the followin g 
issues: 
—demographic 
issues (including 
low birth 
rate and 
fast grow­
ing 
number 
of pensioners);
 
—labour 
market 
needs;
 
—education  
and 
life long 
learning;
 
—equal opportun ities 
for men 
and 
women;
 
—reconciliation of working, family and private life; 
—accessible, 
affordable 
and 
high 
quality child care; 
—active citizen ship;
 
—solidarity b etween 
generations;
 
—fight 
poverty an d 
social exclusion ;
 
—and 
the best 
interest 
of the child
(6)In the con text of the Commission ’s strategy  Towards a Strategy on the
Rights of the Child, laun ched
 on 04/07/2006  (in:
http://europa.eu/scadplus/leg /en/lvb/r12555.htm). (6).
The Committee therefore urg es 
the European 
institutions 
and 
the 
Member
 States to con sider
 the necessity
 to take
 an integrated
 
approach to this leg islative 
proposal, an d 
to avoid n arrowing 
its 
scope and 
implication s.
1.14.
   The Committee thin ks
 that if the proposal aims to sup­
port recon ciliation,
 maternity
 leave can not
 be
 seen in isolation 
from the ran ge 
of other existin g 
instruments 
in 
the above 
men­
tioned 
areas. 
1.15.   The role of the social partn ers 
as main 
actors in 
the labour 
market
 is crucial in this respect. I n
 the Committee’s view, civil 
society too has to tak e 
an 
active part in  
the process, b oth 
in 
ensur­
ing 
that Memb er 
States are implemen ting 
the directive an d 
in 
sup­
porting
 by
 all mean s
 the above
 mentioned
 comprehen sive
 
approach. N E 9 0 0 2 . 1 1 . 7 1
Official Journ alof the EuropeanUnion 17.11.2009
2. Backgrou nd
2.1.  The 
proposal of a directive amen ding 
Directive 92/85/E EC 
seeks 
to improve the protection  
offered to preg nant 
workers 
and 
workers 
who have recen tly 
given 
birth 
and/or 
are breastfeeding. 
Protection  
is needed 
for several reason s. 
The length 
of matern ity 
leave
 is influenced
 by
 many
 factors that should b e
 considered
 
when 
regulated. 
The former directive provides for a min imum 
of 
14 continuous 
weeks 
maternity 
leave and 
also lays down  
require­
ments 
on 
health and 
safety in 
the workplace 
to protect preg nant 
women 
and 
those who have recen tly 
given 
birth 
or are breastfeed­
ing.
 A woman can not
 be
 dismissed durin g
 maternity
 leave. 
According
 to Article 2(7) of a previous legal in strument
 - the 
Directive 76/207/E EC
 -, after matern ity
 leave, a woman has the 
right 
to return 
to the same or an  
equivalent 
post. Any 
less favour­
able 
treatment 
of a woman  
constitutes 
discrimination. 
In 
the Roadmap for equality b etween 
women 
and 
men 
2006-
2010
(7)A Roadmap for equality between women and men 2006-2010
(COM(2006) 92 fin al). (7) commitmen t was made to reviewin g the existin g EU leg­
islation.
 Directive 92/85/E EC
 was not
 included
 in the recastin g
 
exercise an d 
is therefore to b e 
reviewed n ow.
2.2.  In 
March 2006 the E uropean 
Council 
stressed the n eed 
for 
better 
balance 
between 
work 
and 
private life in  
order to achieve 
economic 
growth, 
prosperity an d 
competitiven ess 
and 
approved 
the European
 Pact for Gen der
 Equality
(8)See Annex  II to the Presiden cy Conclusions of the Brussels E uropean
Council 
of 23/24 March 2006 in : 
http://ue.eu.in t/ueDocs/cms_Data/
docs/pressData/en /ec/89013.pdf. (8). The European Parlia­
ment 
called on 
several occasion s 
for improvemen ts 
to the exist­
ing
 legislation
 relating
 to pregnant
 workers
 and
 the granting
 of 
parental 
leave, and 
for measures to improve the recon ciliation 
of 
profession al, 
private an d 
family life. On  21 
February 
2008, in 
its 
resolution on the demog raphic
 future of E urope
(9)European Parliamen t resolution  of 21 February 2008 on the demo­
graphic
 future of E urope
 (2007/2156 (I NI)
 (A6-0024/2008), in :
http://www.europarl.europa.eu/sides/g etDoc.do?type=TA&reference
=P6-TA-2008-0066& 
language=EN. (9), the Parlia ­
ment 
called on 
the Memb er 
States to adopt b est 
practices as 
regards 
the length 
of matern ity 
leave and 
its possible 
influence 
on 
the 
birth 
rate throug h 
coordinated 
public 
policies, b y 
creating 
a 
family and 
child frien dly 
material an d 
emotional 
environment. 
In 
an
 earlier resolution of 27 Septemb er
 2007
(10)European  Parliamen t  resolution of 27 Septemb er  2007 on equality
between
 women an d
 men in the E urop
ean Uni
on - 2007
(2007/2065(I NI) 
(P6_TA(2007)0423) in :
http://www.europarl.europa.eu/oeil/Fin dByProcnum.do?
lang=2&procnum=INI/2007/2065. (10), the Parliamen t 
had 
already urg ed 
the Memb er 
States to mutualise the costs of 
maternity 
and 
parental 
leave and 
welcomed the con sultation 
with 
social partn ers. 
It 
urged 
Member 
States to comb at 
discrimination against 
pregnant 
women 
in 
the labour 
market 
and 
to ensure 
high 
level 
of protection  
for mothers. I n 
March 2008 E uropean 
Coun­
cil 
reiterated that further efforts should be made to recon cile 
work 
with 
private an d 
family life for b oth 
women 
and 
men
(11)See Presiden cy Conclusions of the Brussels E uropean Council of
13/14  March 2008  in:
 http://www.con silium.europa.eu/ueDocs/
cms_Data/docs/pressData/en /ec/99410.pdf. (11).
The directive is the ten th
 individual
 directive covered b y
 
article 16(1) of the Framework Directive 89/391/E EC
 on health 
and 
safety at work . 
Its 
now 
proposed revision  
includes 
an 
exten­
sion 
of the leg al 
base 
to article 141 of the E C 
Treaty reg arding 
equal 
treatment.
2.3.  Citizens 
and 
civil society represen tatives 
consulted 
by 
the 
Commission expressed their con cern
 with the fact that havin g
 
children 
has a much hig her 
impact on  
women’s 
job 
prospects 
then 
on 
men’s. 
The employmen t 
rate of women  
with depen dent 
children 
is only 
65 % compared to 91,7 % for men . 
Women 
have 
to face the con sequences 
of stereotypical assumption s 
about 
their 
domestic respon sibilities
 and
 their aptitude to employmen t
(12)Communication  from the Commission :  ‘Citizen’s  Summary – Bet ­
ter matern ity
 leave provision s
 designed
 to promote recon cilia
­
tion of family an d
 working
 life’ (ec.europa.eu/social/
BlobServlet?docId=611&langId=en);
 Common position on the revi­
sion 
of the Coun cil 
Directive 96/34/E C 
of 3 June 
1996 on 
the frame­
work agreement
 on paren tal
 leave b y
 the Social Platform,
January 
2009. (12). 
This can 
lead to less women  
returning 
to the labour 
market 
after 
having 
a child.
3. General remarks
3.1.   The Commission in its commun ication
 of 2006
(13)Towards an EU Strategy on the Rights of the Child (COM(2006) 367 fin al). (13) 
expressed that children ’s 
rights 
are a priority for the E U 
and 
that 
the Memb er 
States are b ound 
to respect the UNCRC an d 
its 
Optional 
Protocols, as well as the Millen nium 
Developmen t 
Goals. 
In 
March 2006, the E uropean 
Council 
requested Memb er 
States
‘to take necessary measures to rapidly and significantly reduce child pov­
erty, giving all children equal opportunities, regardless of their socia l 
background’
(14)See paragraph  72 of the Presiden cy Conclusions – 23/24 March 2006
(ref. in 
footnote 
8 above). (14). In the context of the curren t subject, this mean s 
to 
provide all children  
the opportun ity 
to be 
breastfed 
and 
taken 
proper 
care of in  
accordance 
with their developmen tal 
needs 
by 
their 
primary careg iver, 
and, 
when 
appropriate, the access to 
accessible, 
flexible, 
high 
quality an d 
affordable 
day care.
3.2.  The 
EU 
employmen t 
policy promotes a life-cycle approach 
to work,
 acknowledging
 that work ers
 have different n eeds
 and
 
priorities at differen t 
stage 
of their lives. The directive on  
protec­
tion 
during 
pregnancy, 
maternity 
leave and 
breastfeeding 
has to 
be 
reflective of this life-cycle approach. N E 4 0 1 / 7 7 2 C
Official Journ alof the EuropeanUnion C 277/105
3.3.  As the E uropean Women’s Lobby has put it, ‘Maternity pro­
visions are specific to women. The physicality of giving birth and the sub­
sequent afterbirth and breastfeeding processes need to be recognised and supported by policy makers, employers and society as a whole ’
(15)Proposals from the E uropean Women’s Lobby on the Commission ’s
proposal
 on the directive amen ding
 Directive 92/85/E CC
 January,
2009. 
p. 2. (15). As 
stated above, 
Europe 
has indeed 
a legal 
framework  
which prohib ­
its 
gender 
discrimination 
through 
a range 
of legislative 
measures. 
However, women  
often 
reduce their work ing 
hours or tak e 
longer 
leaves 
from work  
to care for their children , 
which leads to lower 
pay and 
lower pen sions. 
A better 
enforcement 
of current 
legisla­
tion 
in 
equality issues is therefore required.
3.4.   Women should have the flexib ility
 to choose when they 
will take
 their matern ity
 leave. On the other han d,
 employers 
should be 
able 
to plan 
their human  
resources’ n eeds 
to compen ­
sate 
for their ab sence. 
In 
their plan ning 
a minimum 
leave (of at 
least six week s 
after birth) 
should be 
taken 
into 
account
(16)See pt. 4.5 of the ‘Specific remark s ’. (16).
3.5.  The 
proposal would g ive 
women 
returning 
from matern ity 
leave
 the right
 to request a flexib le
 working
 time arran gement
 
with the requiremen t
 for the employer to con sider
 the request 
taking 
account 
of the needs 
of both 
the employer an d 
the worker. 
The 
Committee ag rees 
with this provision . 
3.6.  To 
be 
achieved, the differen t 
goals 
of the EU 
strategies 
on 
the 
implemen tation 
of the Lisb on 
Strategy, 
on 
the Barcelon a 
tar­
gets, 
but 
also on 
the demog raphic 
situation, 
on 
solidarity b etween 
generations, 
on 
equal opportun ities 
for men 
and 
women 
and 
on 
a
 better
 work-life
 balance
 need
 further clarification an d
 
harmonisation. 
3.7.  The 
EU, 
in 
its attempt to in crease 
the number 
of working 
women
(17)Namely throug h the above mentioned Lisbon Strategy for Growth
and 
Jobs. (17), should promote opportun ities for the recon ciliation 
of 
work, 
family and 
private life, so that the differen t 
needs, 
com­
peting 
values and 
conflicts 
of interest 
are handled 
and 
monitored 
in 
a transparent 
way.
3.8.  A 
large 
proportion  
of Member 
States have developed sets 
of measures to promote a b etter
 reconciliation
 of profession al,
 
private an d 
family life, which reflect the differen t 
national 
labour 
market 
needs 
and 
the diversity of tradition s 
and 
cultures presen t 
in 
Europe. 
If 
this proposal aims to support recon ciliation, 
mater­
nity 
leave cannot 
be 
seen 
in 
isolation 
of the ran ge 
of other exist­
ing 
instruments 
in 
this area. These in clude 
childcare, flexib le 
working
 arrangements,
 parental
 leave and
 other forms of leave, 
which are, in  
many 
cases, more relevan t 
in 
providing 
a better 
rec­
onciliation 
of work 
and 
family life. 
4. Specific remarks
4.1.   The main leg al
 basis
 for this proposal is the health an d
 
safety of preg nant 
and 
breastfeeding 
women. 
However, there is a 
logical 
link 
between 
health and 
safety issues an d
 i) the right 
of the 
child to adequate care,  ii) the recon ciliation
 of family and working 
life, and
 iii) employmen t 
and 
career opportun ities. 
Fur­
thermore, the demog raphic 
situation 
of Europe 
demands 
a policy 
that encourages 
and 
supports hig her 
birth 
rates. The issues dealt 
with in 
this proposal for a directive are n ot 
standing 
alone. 
They 
have to b e 
viewed as a complex matter as presen ted 
in 
the 
recommen dations. 
4.2.  Special 
attention 
should be 
paid to risk s 
to both 
women’s 
and
 men’s
 fertility. Both men an d
 women should b e
 protected 
from the factors in volved 
in 
genetic 
mutations 
that lead to in fer­
tility 
and, 
what is worse, can  
cause malformation s 
in 
the embryo. 
4.3.  
Maternity 
leave as a mean s 
to protect preg nancy 
and 
mater­
nity 
has to be 
clearly distin guished 
from paren tal 
leave. The pro­
posed period of 18 week s 
aims primarily at en abling 
the recovery 
of women  
after giving 
birth 
and 
to ensure 
a minimum 
period of 
breastfeeding.
 While supportin g
 this approach, the Committee 
calls for the iden tification
 of addition al
 lega
l and
 practical solu­
tions 
which mak e 
breast-feeding 
or expressin g 
milk 
at work 
easier 
for mothers, in  
order to provide them with adequate time for 
exclusive b reastfeeding,
 in line
 with the WHO an d
 UNICEF
 rec­
ommendations
(18)See footnotes 2 and  3. (18) (e.g. the right to count breaks for breastfeed­
ing 
as working 
time).
4.4.  In 
special cases – premature, disab led 
or sick 
babies, 
mul­
tiple births 
or hospitalisation , 
the Commission  
proposes that 
Member 
States be 
able 
to provide a lon ger 
paid leave, con sidering 
the 
need 
for special care. The Committee b elieves 
that this list of 
cases should n ot
 be
 exhaustive b ut
 should also g ive
 individual
 
Member 
States the opportun ity 
to take 
into 
account 
other cases 
such as caesarean s 
or postnatal 
complication s. 
In 
cases of adop­
tion and
 fostering
 of new
 born
 children,
 parental
 leave should 
also be 
guaranteed. 
4.5.
   In
 line
 with the I LO
 Convention
 183
(19)See: http://www.ilo.org /ilolex/cgi-lex/convde.pl?C183. (19), the Committee 
accepts the proposal that, at least, six week s
 of leave b e 
taken 
after 
giving
 birth,
 but
 it would lik e
 to stress that this should b e
 the 
minimum 
amount. 
This minimum 
period is essen tial 
to enable 
women 
to recover adequately followin g 
confinement, 
encourage 
breastfeeding 
and 
help forge 
a strong 
bond 
between 
mother an d 
child.
4.6.
   Having
 in mind
 the UN Con vention
 on the Rig hts
 of the 
Child
(20)Convention on the Rights of the Child, adopted by Gen e ral Assemb ly
resolution  
44/25 of 20 Novemb er 
1989 and 
entered 
into 
force 2 Sep­
tember
 1990, in accordan ce
 with article  49. I n:
http://www2.ohchr.org /english/law/crc.htm. (20), the Commission  should con duct a parallel study which 
considers 
the impact on  
the child of the proposed measures. The 
child must b e 
well nurtured 
and 
his/her person al 
well being 
accounted 
for. The wellb eing 
of children  
and 
the value of child­
hood durin g 
this extremely importan t 
stage 
of life is decisive in  
itself, 
but, 
at the same time, children  
constitute 
the workforce 
of 
the future an d 
the lack 
of care an d 
support in  
this early period of 
life might 
lead to failures in  
school and 
later integration 
in 
society.N E 9 0 0 2 . 1 1 . 7 1
Official Journ alof the EuropeanUnion 17.11.2009
4.7.  The Committee ag rees with the n ew provision, according 
to 
which sick  
leave durin g 
pregnancy 
due to illn ess 
or pregnancy 
complication s 
should not 
have any 
impact on  
the duration  
of 
maternity 
leave, but 
urges 
the Commission  
to precise which 
period before 
confinement 
is meant. 
The provision  
in 
the direc­
tive which covers this issue must n ot 
be 
ambiguous
(21)New article 8, pt. 5, refers to ‘four weeks or more’ (COM(2008)637 fin al,
p. 
15). (21).
4.8.  The 
Committee ag rees 
that Memb er 
States should tak e 
the 
necessary 
measures to protect preg nant 
or breastfeeding 
workers, 
within 
the meaning 
of article 2
(22)See footnote 4. (22) of the proposal, from con se­
quences 
of unlawful 
dismissal.
4.9.  Being 
aware of the fact that in  
some coun tries 
there is a 
ceiling 
to paymen t 
during 
maternity 
leave correspon ding 
to the 
amount 
of sick 
leave, the Committee would lik e 
to highlight 
that 
a lower paymen t 
than 
the previous salary has a detrimen tal 
effect 
and
 penalises
 women for their b iological
 role of b eing
 mothers 
and 
does not 
take 
into 
account 
the value of motherin g. 
A lower 
payment 
also impacts in  
the longer 
run, 
namely 
on 
their pension 
rights. 
4.10.  Job 
protection  
is an 
opportunity 
to ensure 
a growing 
number 
of births, 
adequate len gth 
of leave an d 
increased 
partici­
pation 
of women  
in 
the labour 
market. 
In 
connection 
with this, 
flexible 
working 
hours and 
arrangements 
are required. Accordin g 
to 
the Directive’s explan atory 
memoran dum: ‘
(…) it is possible to 
influence birth rate curves favourably through co-ordinated public poli­
cies, by creating a family and child-friendly material and emotional 
environment’
(23)COM(2008) 637 fin al, p. 1. (23).
4.11.   The role of g randparents
 and
 wider family memb ers
 as 
carers and 
childminders 
who support work ing 
parents 
should be 
given 
greater 
consideration. 
The role other family memb ers 
could help retain ing 
family structures, in volving 
the elderly an d 
reduc­
ing 
the stress of the work ing 
parents, 
as well as address lab our 
market 
needs 
and 
the reconciliation 
of working 
and 
private/family 
life. Positive paren ting 
initiatives 
and 
programs 
supported b y 
all 
EU 
Member 
States, just lik e 
the many 
national 
programs 
avail­
able
(24)See: http://www.coe.in t/t/dg3/youthfamily/enfance/parenting_en. asp. (24), should also b e taken into consideration in this respect. 
This 
temporary addition al 
care provided b y 
family memb ers 
does 
not 
replace the State’s respon sibility 
to provide adequate day care, 
in 
terms of quan tity 
and 
quality.
4.12.   Childcare provision  
is a form of employmen t 
opportunity 
for 
women, 
but 
its quality an d 
standards 
must be 
guaranteed. 
The 
Barcelona 
targets 
aim to achieve b y 
2010 at least 33 % day-care 
placement 
for children  
under 
the age 
of 3 and 
90 % for the on es 
between 
3 years old an d 
the mandatory 
school ag e, 
but 
there is 
no 
special provision  
for the differen t 
forms of child care. Further­
more, even  
if 33 % could b e 
placed in 
day-care cen tres, 
what hap­
pens 
to the other 2/3? 
4.13.  As 
regards 
the quality of childcare, there is scarce in for­
mation
 relating
 to informal
 childcare services provided in the 
home by
 nannies,
 babysitters
 and
 ‘au-pairs’; man y
 of whom are 
unqualified, 
are not 
formally reg istered, 
and 
remain outside of rec­
ognised 
monitoring 
systems. These work ers 
do not 
fall into 
for­
mal employmen t 
structures, an d 
thus lack 
proper work place 
protection .
 Member
 States an d
 local authorities should commit 
themselves to en sure 
quality care in  
all of its forms. Social part­
ners 
should plead for reg ulations 
and 
transparency 
not 
only 
in 
profession al
 childcare b ut
 also in all forms of home-b ased
 and
 
informal
 care by
 supportin g
 and
 requiring
 profession al
 training
 
and 
supervision . 
Tax incentives 
could con tribute 
to the settin g 
up 
of more hig h 
quality care facilities. Given  
the high 
number 
of 
women 
active in 
the care sector, improvin g 
working 
conditions 
and 
qualification s 
in 
this sector would also con tribute 
to the EU 
overall 
strategy 
in 
this area.
Brussels, 13 May 2009.
The President 
of the European Economic and Social Committee
Mario SEPIN E 6 0 1 / 7 7 2 C
Official Journ alof the EuropeanUnion C 277/107
APPENDIX I
to the opinion
of the Eu ropean 
Economic and Social Committee
The followin g 
amendments, 
which were supported b y 
at least a quarter of the votes cast, were defeated in  
the course of the 
debate 
(Rule 54(3) of the Rules of Procedure):
Point 1.5
Amend 
as follows:
‘The Committee agrees with the Commission that a minimum paid maternity leave of 18 weeks should be guaranteed to all pregnant
employees. However, the Committee requests the Commission to consider the recommendation of the Social Platform, - including the Euro­
pean Women’s Lobby -, as well as those given by the WHO and the UNICEF, which are based on the benefit for children to be exclusively
breastfed during their first six months of life, as a health prevention measure for both mother and child. It therefore recommends seeking
for additional legal and practical solutions, which, in terms of space and time, can facilitate breastfeeding . As far as a min imum 
paid
maternity 
leave is con cerned, 
the Committee recommen ds 
to the European 
Commission  
to base 
its proposal to g o 
beyond
14 
weeks 
on 
concrete 
statistics. There is n o 
concrete 
evidence 
on 
health and safety g rounds 
that the curren t 
provision 
of 14
week 
maternity 
leave is in sufficient.
’
Result 
of the voting: For: 40 Against: 
83 Abstentions: 
5
Point 1.9
Amend 
as follows:
‘The Committee strongly supports that payment during maternity leave be equal to the previous salary. This provision is not only a neces­
sity, but also a way of recognising of the value of mothering . The Committee, while noting that payment during maternity leave be equal
to the previous salary, asks the EC to bear in mind the significant extra costs not only for Member States but also for companies, par­
ticularly SMEs, whose survival in the present economic climate is crucial .’
Result 
of the voting: For: 39 Against: 
79 Abstentions: 
3
Point 1.11
Amend 
as follows:
‘Maternity leave as a means to protect pregnancy and maternity has to be clearly distinguished from parental leave. The maternity leave
proposed period of 18 weeks aims primarily at enabling the recovery of women after giving birth and to ensure a minimum period of
breastfeeding and bonding between the mother and the newborn child. The Committee highlights the importance of parental leave as an
opportunity for both parents to spend adequate time with their children, but believes that parental leave should follow on from maternityleave and enable fathers to benefit from this possibility as well.’
Resu
lt 
of the voting: For: 41 Against: 
79 Abstentions: 
3
Point 4.3
Amend 
as follows:
‘Maternity leave as a means to protect pregnancy and maternity has to be clearly distinguished from parental leave. The maternity leave
proposed period of 18 weeks aims primarily at enabling the recovery of women after giving birth and to ensure a minimum period of
breastfeeding. While supporting this approach, the Committee calls for the identification of additional legal and practical solutions whichmake breast-feeding or expressing milk at work easier for mothers, in order to provide them with adequate time for exclusive breastfeed­ing, in line with the WHO and UNICEF recommendations (e.g. the right to count breaks for breastfeeding as working time).’
Resu
lt 
of the voting: For: 41 Against: 
79 Abstentions: 
3N E 9 0 0 2 . 1 1 . 7 1
Official Journ alof the EuropeanUnion 17.11.2009
Point 4.9
Amend 
as follows:
‘Being aware of the fact that in some countries there is a ceiling to payment during maternity leave corresponding to the amount of sick
leave, the Committee would like to highlight that a lower payment than the previous salary has a detrimental effect and penalises womenfor their biological role of being mothers and does not take into account the value of mothering. A lower payment also impacts in thelonger run, namely on their pension rights. On the other hand, the EC should bear in mind the significant extra costs not only for Mem­
ber States but also for companies, particularly SMEs, whose survival in the present economic climate is crucial. ’
Resu
lt 
of the voting: For: 39 Against: 
79 Abstentions: 
3N E 8 0 1 / 7 7 2 C