(8)

Article 8 is replaced by the following: ‘Article 8 Maternity leave 1. Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to a continuous period of maternity leave of at least 20 weeks allocated before and/or after confinement. 2. With respect to the last four weeks of the period referred to in paragraph 1, a scheme of family-related leave available at national level may be considered to be maternity leave for the purposes of this Directive, on condition that it provides overall protection to workers, within the meaning of Article 2 of this Directive, that is equivalent to the level laid down in this Directive. In that case, the total period of leave granted must exceed the period of parental leave provided for in Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC (9). The remuneration for the last four weeks of maternity leave shall be no lower than the allowance referred to in Article 11(5) or, alternatively, it may be the average of the remuneration for the 20 weeks of maternity leave, which shall be at least 75 % of the last monthly salary or of the average monthly salary as stipulated according to national law, subject to any ceiling laid down under national legislation. The Member States may lay down the periods over which the average monthly salaries are calculated. Where a Member State has made provision for a period of maternity leave of at least 18 weeks, that Member State may decide that the last two weeks are met through paternity leave available at national level, with the same level of pay. 3. The maternity leave stipulated in paragraph 1 shall include compulsory fully paid maternity leave of at least six weeks after childbirth , without prejudice to existing national laws which provide for a period of compulsory maternity leave before childbirth. The six-week period of compulsory maternity leave shall apply to all working women regardless of the number of days worked prior to confinement. The Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to choose freely the time at which the non-compulsory portion of the maternity leave is taken, before or after childbirth , without prejudice to existing national laws and/or practices, which provide a maximum number of weeks prior to the childbirth . 4. This period may be shared with the father, in accordance with the legislation of the Member State concerned if the couple agrees and so requests. 5. To protect the health of both mother and child, Member States shall take the necessary measures to ensure that workers can decide freely and without compulsion whether or not to take the non-compulsory portion of maternity leave before childbirth. 6. The worker must indicate her chosen period of the non-compulsory portion of the maternity leave no later than one month before the date of commencement of such leave. 7. For multiple births the compulsory portion of maternity leave referred to in paragraph 3 shall be increased for each additional child in accordance with national legislation. 8. The prenatal portion of maternity leave shall be extended by any period elapsing between the presumed date and the actual date of childbirth, without the remaining portion of leave being reduced. 9. Member States shall take the necessary measures to ensure that additional leave on full pay is granted in the case of premature childbirth, children hospitalised at birth, children with disabilities , mothers with disabilities, and multiple births. The duration of the additional leave should be proportionate and allow the special needs of the mother and the child/children to be accommodated. The total period of maternity leave shall be extended by at least eight weeks after the birth in the case of the birth of a disabled child. Member States shall also ensure an additional period of leave of six weeks in the case of a stillbirth. 10. Member States shall ensure that any period of sick leave due to illness or complications arising out of pregnancy occurring four weeks or more before confinement does not impact on the duration of maternity leave. 11. Member States shall protect mothers’; and fathers’; rights by ensuring that there are special working conditions so as to help the parents of children with disabilities. 12. Member States shall adopt suitable measures for the recognition of postnatal depression as a serious illness, and shall support awareness campaigns aimed at disseminating accurate information on the illness and correcting the prejudices and possible stigmatisation which it can still attract.