Report from the Commission on the Implementation of Council Directive 96/34/EC of 3rd June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC
Date: 2003-06-19
Institutions: European Commission
Subjects: EC Directive, EU Member State, European Commission, national implementing measure, parental leave, report

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 19.6.2003
COM(2003) 358 final

REPORT FROM THE COMMISSION

on the Implementation of Council Directive 96/34/EC of 3rd June 1996 on the
framework agreement on parental leave concluded by UNICE, CEEP and the ETUC

   
TABLE OF CONTENTS

1.

2.

3.

4.

5.

6.

7.

8.

9.

INTRODUCTION ....................................................................................................... 3

SCOPE – PUBLIC AND PRIVATE SECTORS......................................................... 3

AGE OF CHILD (INCLUDING VARIATIONS IN RESPECT OF ADOPTED
CHILDREN) ................................................................................................................ 6

LENGTH OF PARENTAL LEAVE AND HOW IT IS TAKEN (FULL OR PART-
TIME, BLOCK OR PIECEMEAL) ............................................................................. 9

INDIVIDUALITY AND TRANSFERABILITY BETWEEN THE PARENTS ...... 16

CONDITIONS/FORMALITIES................................................................................ 20

RESTRICTIONS AND SMALL FIRMS .................................................................. 24

PROTECTION FROM DISMISSAL AND RIGHT TO RETURN .......................... 26

EMPLOYMENT RIGHTS & STATUS OF TIME ON PARENTAL LEAVE......... 30

10.

TIME OFF ON GROUNDS OF FORCE MAJEURE................................................ 33

ANNEX I.................................................................................................................................. 40

ANNEX II ................................................................................................................................ 51

ANNEX III............................................................................................................................... 54

2

1.

INTRODUCTION

On  3  June  1996,  the  Council  adopted  Directive  96/34/EC  on  parental  leave  (Council
Directive  96/34/EC  of  3  June  1996  on  the  framework  agreement  on  parental  leave
concluded by UNICE,  CEEP and  the  ETUC  Official  Journal  L  145  ,  19.6.1996  p.  4  -  9.
Amended  by  Directive  97/75/EC  OJ  L  010  16.1.1998  p.24),  which  implemented  the  first
agreement concluded by the Social Partners under the Agreement on Social Policy.

This  report  is  based  on  the  information  sent  to  the  Commission  in  compliance  with
article 2(1) of the Directive, under which the Member States must inform the Commission of
their  national  implementing  provisions,  either  by  legislation  or  collective  agreements.  The
Commission  also  sent  to  the  Member  States  a  short  questionnaire  on  parental  leave,  the
answers to which  complemented the  information previously sent.  The  Commission  has  also
consulted social partners and the network of independent legal experts on equality. It should
be noted that the information sent to the Commission varied considerably in terms of content
and detail. The content of this report is correct as at November 2002.

2.

SCOPE – PUBLIC AND PRIVATE SECTORS

The  provisions  of  the  Framework  Agreement  on  Parental  Leave  annexed  to,  and  put  into
effect by, the Directive, apply to all workers, private and public, men and women, who have
an  employment  contract  or  relationship  as  defined  by  the  law,  collective  agreements  or
practices in force in each Member State (clause 1(2)). It is clear that employees in the public
sector are covered.

Country

Austria

All  Employees
covered or Not

Comment

Yes,  with 
exceptions

some

Exceptions:

Employees  in  short-term  contracts  of  fixed
duration:

(cid:1)are  not  entitled  to  parental  leave  at  all,  in
case  their  contract  is  ending  before  birth  (for
private employees in trade; for certain types of
teachers  with  one-year 
contracts,  one
following the other- "Vertragslehrerinnen")

(cid:1)cannot,  in  principle,  extend  parental  leave
beyond  the  termination  of  the  contract  period
the  public  sector:
in 
(more  problematic 
contractual  employees  with  the  exception  of
university teachers)

3

Private  sector:  notion  of  worker/employee
includes home worker (both sexes) and female
apprentices.

Employees 
mentioned explicitly (both sexes).

private 

in 

households 

are

that 

implicitly 

the  notion  of
It  follows 
employer 
includes  male  apprentices  and
employees  whose earnings are less  than  4076
Austrian Schillings per month.

the
in 
Special  provisions  for  employers 
agricultural 
in  general
sector:  outlined 
principles and are identical with the legislation
of the private sector.

Public  sector:  on  the  federal  level, 
the
provisions applying to the private sector apply
in  principle  to  the  public  sector,  i.e.  to  civil
employees.
servants  or 
However  restricted  applicability  of  some
to  certain  groups  of  public
principles 
employees  (e.g. 
teachers  with  fixed-term
contracts of employment).

contractual 

to 

At  community  level  (Länder),  the  relevant
legislation  is  under  the  competence  of  the
Länder.

and 

Laws passed by the Federal state do not apply
the  regional  governments
to  officials  of 
(Ländesregierungen) 
communities
(Gemeinden) nor to workers in agriculture and
forestry.  Those  acts  passed  by  the  regional
parliaments  (Ländtage)  regularly  follow  the
model(s)  of  the  Acts  passed  by  the  Federal
State legislator.

Belgium

Denmark

Finland

France

Germany

Greece

Yes,  with 
exceptions

some

Not available for judges

Yes

Yes

Yes

Yes

Yes,  with 
exceptions

some

Not available to persons carrying out maritime
work and for judges

Ireland

Yes

4

Italy

Yes,  with 
exceptions

some

Some national provisions on parental leave are
still not available for home-workers as well as
for domestic workers. However, the minimum
requirements  fixed  by  the  Directive  are  fully
“covered” by rules on (compulsory) maternity
leave  (5  months,  2  before  and  3  after
childbirth)

Luxembourg

Netherlands

Portugal

Spain

Sweden

United Kingdom

Yes

Yes

Yes

Yes

Yes

Yes

Including  Spanish  workers  hired  in  Spain  by
Spanish  firms  to  work  abroad,  and  civilian
personnel  in  the  military.  Military  personnel
covered by separate provisions.

The  Commission  considers  that  the  exclusion  applying  to  maritime  workers  in  Greece  is
contrary to the Directive and has launched infringement proceedings. Greece is now planning
to extend parental leave to maritime workers and judges.

5

3.

AGE OF  CHILD  (INCLUDING  VARIATIONS  IN  RESPECT  OF  ADOPTED
CHILDREN)

Clause 2(1) of the Framework Agreement on Parental Leave stipulates that workers shall have
the right to parental leave on the grounds of the birth or adoption of a child to enable them to
take care of that child and that leave shall be available until a given age up to 8 years, to be
defined  by  Member  States  and/or  management  and  labour.  All  Member  States  provide
parental leave for both natural and adopted children.

Country

Maximum  age  of  child  where
entitlement to leave arises on birth
and in general, on adoption

Variation 
entitlement 
adoption

where
on

arises 

Austria

(cid:1) 2 years if taken as a block

(cid:1) 4 years if taken part-time

- Private sector

Variations if one or both parents use parental
leave similar for part-time workers.

(cid:1)  23  months  if  parents  take  one  month
simultaneously;  7  years  when  parents
"postpone" the use of the 3 months leave

(cid:1) Beyond 7 years when the 3 month's period
would  be  shortened  if  child  begins  school
before  his  7th  birthday  or  when  the  child
begins school after his 7th birthday

(cid:1)  30  months  when  the  child  is  adopted
between the age of 18 months and 2 years; 7
years when child adopted after 2 years old =
6 months maximum parental leave

-  Public  sector:  additional  leave  until  child
enters  school  for  federal  civil  servants  and
federal contractual employees

Belgium

(cid:1)  4  years  in  private  sector  (8  years  if  child
seriously disabled)

Maximum 8 years old for a period
of 4 years from adoption

(cid:1)  10  years  in  public  sector  (for  unpaid
scheme. But in the scheme of parental leave,
combined  with  a  career  break  with  benefits
paid  by  the  unemployment  scheme,  the
conditions  are  the  same  as  in  the  private
sector.)

Denmark

Finland

8 years

3 years.

6

For child adopted under age of 3,
entitlement  for  period  of  3  years
from date that child joins family.

For  child  adopted  after  age  of  3,
but  before  attaining  school  age,
entitlement  for  maximum  one
year  period  from  date  that  child
joins family.

Maximum  8  years  old  for  a
duration of 3 years

Generally 5 years old, but by way
of  exception,  within  2  years  of
adoption  order 
if  child  aged
between 3 and 8 years at adoption

Generally, 8 years old, but by way
of  exception,  for  child  adopted
between  ages  of  6  and  12,  leave
may  be  exercised  during  3  years
after adoption

France

3 years

Germany

3  years  (although  12  of  the  36  months
entitlement may be postponed until child is 8
years old, with employer's agreement)

Greece

(cid:1) 3,5 years

(cid:1) 6 years in the civil service

(cid:1)  12  years  for  the  annual  parental  leave
granted to single parents (widows, widowers
or  unmarried  parents)  who  are  employed
under a private law employment relationship

Ireland

5 years

Italy

8 years

Luxembourg

5 years

Netherlands

Portugal

Spain

8 years

6 years

3 years for full-time leave

6 years for part-time leave

Sweden

18  months  for  full-time  leave  or  whenever
there is a right to statutory parental benefits.

18 months from the point that the
employee  takes  custody  of  the
child for full-time leave

8  years  (or  until  end  of  first  school  year  if
later) for part-time leave

United Kingdom

5 years

8  years  (or  until  end  of  first
school  year  if  later)  for  part-time
leave

Maximum  18  years  old  or  within
5  years  of  joining  the  family,  if
earlier

7

In response to infringement proceedings launched by the Commission:

(cid:1)  Ireland has removed the provision in its legislation that parental leave is available only if

the child was born after 3rd June 1996, and;

(cid:1)  The UK has removed the provision in its legislation that parental leave is not available in

respect of a child born before 15th December 1999.

(cid:1)  Similarly, in Luxembourg parental leave is only available to parents of children born after
31 December 1998, or if adopted, if the  adoption procedure has been initiated before the
relevant  tribunal  after  that  date.  The  Commission  has  initiated  infringement  proceedings
against Luxembourg.

(cid:1)  In Germany, parental leave is only available if children are born after 31 December 1991,

but this provision no longer has any practical impact.

8

4.

LENGTH  OF  PARENTAL  LEAVE  AND  HOW  IT  IS  TAKEN  (FULL  OR
PART-TIME, BLOCK OR PIECEMEAL)

Clause  2(1)  of  the  Framework  Agreement  on  Parental  Leave  stipulates  that  parental  leave
shall  last  for  at  least  three  months.  Clause  2(3)(a)  provides  that  Member  States  and/or
management and labour may decide whether parental leave is granted on a full-time or part-
time basis, in a piecemeal way or in the form of a time-credit system.

Country

Maximum 
leave

length  of

Form of leave

Comment

Austria

Private sector:

22 months

Full-time until child's second
birthday (minimum length: 3
months;  maximum 
length:
22 months)

Full time

For  children  born  before
31/12/1999:

Parents  may  alternate  once;
no  simultaneous  use;  any
combinations  meeting  those
requirements are possible

children  born 

For 
1/1/2000:

since

(cid:1)  Parents  may 
alternate
twice;  when  alternating  for
the  first  time,  simultaneous
use  for  1  month  is  possible
until  the  child  is  maximum
23 months old

school) 

(cid:1) parental leave full time + 3
months  "postponed"  at  latest
to  the  child's  7th  birthday  (or
entry 
(one
into 
is  21
parent:  until  child 
months  old;  both  parents
"postpone":  first  block  at
maximum  until  child  is  18
months  old  +  3  months  +  3
months)

subsidiary/additional  parental
leave in case of prevention of
the  other  parent; 
:parental
leave  sui  generis  in  cases  of
force  majeure;  maximum
length  of  23  months  and  3
weeks,  when  begun  at  the
earliest  possible  time  during
maternity  leave;  symmetrical
construction in case the other
parent  is  not  in  the  same
child
household 
as 
specific
anymore;  gender 
difference: 
common
the  child
household  with 
required of father only.

the 

9

46 weeks

Part time (block)

Part-time

Full time then part time

For  children  born  before
31/12/99:

one  parent  until  child's  4th
birthday; 
parents
both 
simultaneously  until  child's
2nd birthday (maximum)

For 
after
children  born 
1/1/2000  one  parent  or  both
parents  alternatively  until
child's  4th  birthday  ;  both
parents  simultaneously  until
child's 2nd birthday

both 

Until 

For  children  born  before
31/12/99. 
child's
1st birthday (by  one  parent  or
by 
parents
alternatively),  then  part-time
(one  parent  or  both  parents
alternatively  until  child's  3rd
birthday;  or  both  parents
simultaneously  until  child's
2nd birthday- minimum length
of 
required:
3 months

part-time 

Full time combined with part
time

Adoption:  If  child  adopted
between  18  months  and
2 years  old:  6  months.  If
child  adopted  after  2  years
of age, 6 months but may be
used until the child is 7 years
foster-
old.  Applies  also 
parents.

since
children  born 
For 
1/1/2000. In case part-time is
consumed  before  the  child's
1st  birthday,  the  period  of
extended
is 
part-time 
accordingly  over 
full-time
block  (no  protection  from
dismissal 
the
2nd birthday)

after 

for 

Exception 
Länder
officials  -  special  leave  until
child  starts  at  kindergarten
(4 years old)

Principles  described  for  the
private sector apply.

10

Sector: 

if 
between 

Private 
the
the
agreement 
employer  and  the  employee
on  part  time  work  cannot  be
reached,  this  can  be  asserted
at  civil  court:  the  employer
has 
the
justify, 
rejection of part time parental
leave 
on
is 
reasonable grounds.

founded 

that 

to 

Public sector:

2 years

4 years

Full-time

Part-time

Belgium

3 months

Full-time.

apply 

Provisions  on  "postponed"
to
parental 
leave 
certain  groups  of 
federal
(university  and
employees 
other  teachers,  judges)  in  a
modified form.

Additional  leave  until  child
enters school for federal civil
servants 
federal
and 
contractual employees.

Public  Sector:  The  Federal
State as employer  may  reject
part  time  work  only  for  that
reason,  that  the  employee,
due  to  part  time  work,  could
be  employed  neither  at  her
former  workplace  nor  at  an
equivalent  workplace.  The
employer’s  decision  can  be
revoked  up  to  the  Higher
Administrative Court

(Verwaltungsgerichtshof).  or
Constitutional 
Court
(Verfassungsgerichtshof).

in 

in 

Alternatively, 
private
sector,  leave  may  be  split
with  employer's  agreement,
form  of  a
or  used 
reduction  of  working  time
(e.g.  six  months  half  time).
In 
federal  public  sector,
leave may be split, but  must
be 
complete
working  days.  Similar,  but
more 
in
other  public  services.  But
Parental 
leave  or  career
break  can  be  used  in  a  part-
time 
(since
format 
1.05.1999).

rigid  provisions 

taken 

in 

11

Denmark

(cid:1) 52  weeks  (between  the
parents)

Full-time, as a single block

4  weeks 

(cid:1) 
before
expected 
confinement
until 14 weeks after birth
of child.

Finland

at 

end 

after 

158 consecutive calendar
of
days 
maternity  leave  (known
leave).
as 
family 
Additionally, 
least
2 months  childcare  leave
in  respect  of  child  under
3 years old.
(Alternatively, 
partial
childcare 
leave 
i.e.
in  working
reduction 
hours,  but  not  below
30 hours per week)

France

In private sector : 3 years
ie. 12 months (renewable
twice).

Full-time  or  by  reducing
working  hours  by  at  least  a
fifth, or a combination

In public sector : 3 years
by  periods  of  6  months
renewable

Germany

3 years

Greece

3.5 months

Full  or  part-time  whole  or
piecemeal  with  employer's
agreement.

Full-time 
employer's 
whole or piecemeal.

(part-time,  with
agreement),

12

Employer and employee may
agree  further  period  of  leave
(paid  by  the  State)  but  total
leave  must 
exceed
52 weeks.

not 

is 
than 

Full  benefit  which  for  most
considerably
workers 
full  pay.  By
lower 
or
agreement 
collective 
otherwise  the  employer  may
agree  to  pay  full  pay  for  the
whole or part of the period of
parental leave.

is  possible 

It 
to  prolong
parental  leave  by  accepting
reduced  benefit  and  also  the
possibility  of  postponing  the
leave period until later.

restricted 

Part-time 
to
employees  in  establishments
employing  more 
than  15
people

widowers 
parents) 

In  addition,  single  parents
or
(widows, 
unmarried 
are
entitled to an annual parental
leave  of  6  days  if  they  have
up  to  2  children,  and  of  8
days,  if  they  have  3  or  more
children.  After  maternity
leave,  women  employed  in
public
and 
banks 
corporations  are  entitled  to  a
reduced  working  day  by

subsequent 

2 hours  if  they  have  children
up  to  2  years  old  and  by
1 hour  if  they  have  children
up to 4 years old . Instead of
the  reduced  day,  they  may
take  a  continuous  leave  of
to
9 months 
maternity  leave.  In  private
sector,  after  maternity  leave,
mothers  are  entitled 
to  a
reduced  day  by  1  hour,  for
30 months, 
their
or, 
employer  agrees,  by  2  hours
for  the  first  12  months  and
another
one 
6 months;  if  mother  do  not
use  this,  fathers  are  entitled
to the reduced day.

hour 

for 

if 

Even  where  more  than  one
child,  parent  only  entitled  to
14  weeks  in  a  12  month
period 
employer
unless 
agrees to grant more

increases 

If  father  takes  more  than
his  maximum
3 months, 
entitlement 
to
7 months  and  the  maximum
is
total 
increased 
to
11 months

time  per  child 
from 

10 

2 years in civil service

In civil service, 2 years full-
time, whole or piecemeal

Ireland

14 working weeks

Full-time, as a single block.

Italy

Parents 
single
(or  a 
parent) entitled to total of
10  months  leave,  with
the  mother  and  father
each  allowed  maximum
of 6 months

Luxem-
bourg

6 months

12 months

Netherlands

6 months

13 weeks

Alternatively,  as 
separate
blocks of time or by reduced
hours  to  maximum  of  14
employer's
weeks,  with 
consent.

Whole or piecemeal

Full-time, as single block

Part-time, with agreement of
employer

(50% 

Part-time 
of
contractual  working  hours).
Leave  can  be  taken  in  a
flexible 
a
leave
maximum  of 
three 
periods  of  each  at 
least
1 month.

form  with 

available 

Full-time, 
on
request. Employer can refuse
for
if 
doing so.

important 

reasons 

Portugal

3 months

6 months

Full time

Part time

13

Full-time

Part-time

Part-time

Alternative 
Schemes
Additional,  6  months
special  leave  renewable
for up to 2 years (3 years
where 
third  child  and
4 years  where  child  is
disabled)

1)  Schemes  for  care
reasons  that  can  go  up
to 2 (or 3) years - either
parent  has  the  right  to
work part-time for caring
for a child under 12 years
(Maternity  Law,
old 
article  19,  n.  1).  This
right can go up to 2 years
length,  or  up  to  3  years,
in  case  of  third  child,  or
more.

the 

the 

2)  Other  schemes  for
care reasons, depending
on 
agreement
between  the  employer
and 
employee
working father or mother
can  always  agree  with
in  other
the  employer 
part-time 
for
reasons  of  care  of  a
natural  or  adopted  child
aged under 12.

schemes 

Spain

16 weeks (extendable for
two  weeks  for  multiple
birth for every child born
after the second one)

Full-time

10 weeks

Part-time

14

1.  Suspension  of  the  work
contract (leave after birth):

(The 6 weeks after childbirth
are  compulsory,  to  be  taken
on  a  full  time  basis,  the  rest
up 
i.e.,
10 weeks  can  be  taken  part-
time).

16  weeks, 

to 

period 

Right  exists  to  remuneration
at  the  expense  of  the  Social
Security Service as long  as  a
minimal 
of
180 insured  days  is  justified
within 
years
immediately  previous  to  the
date  of  childbirth  or  to  the
date  of  the  administrative  or
judicial  decision  in  case  of
adoption.

the 

5 

3 years from childbirth

Full-time

2.  Childcare  leave1  no  right
to be remunerated during this
time.

3. Reduction of the work-day
schedule  for  minors'  care
under  6  years2.  Reduction  in
working  hours  of  between  a
half  and  a  third,  with  the
and
corresponding 
proportional  reduction  of  the
remuneration( salary):

Applicable  to  all  categories
of workers.

Sweden

18  months  from  birth  or
the point at which parent
takes  custody  of  adopted
child  or  whenever  there
is  a  right  to  statutory
parental benefits.

Full-time:  Reduction 
of
normal  working  time  where
parent  in  receipt  of  parental
cash  benefit.  Reduction  of
normal working time by one
quarter  until,  in  most  cases,
child reaches 8 years or until
end  of  first  school  year  if
later.  Leave  for  employee's
temporary care of child

United
Kingdom

13 weeks: Part-time: pro-
rata entitlement (13 times
employee's 
normal
working week) 18 weeks
in  case  of  child  entitled
to 
living
allowance.

disability 

Full-time.  As  general  rule,
may  not  be  taken  in  periods
other 
than  a  week  or
multiple of a week

Employee may not take more
than 4 weeks leave in respect
of  any  one  child 
in  a
12 month period

In Luxembourg, if pregnancy or adoption occurs during a period of parental leave, the leave
terminates and is superseded by maternity or adoption leave. The Commission considers that
this is incompatible with the Directive and has commenced infringement proceedings.

1

2

Art. 46.3 del Estatuto de los Trabajadores, en su redacción dada por la Ley 39/1999 de 5 de noviembre
(BOE 6.11.1999).
Art. 37.5 del Estatuto de los Trabajadores, en su redacción dada por la Ley 39/1999 de 5 de noviembre
(BOE 6.11.1999).

15

                                                
5.

INDIVIDUALITY AND TRANSFERABILITY BETWEEN THE PARENTS

Clause 2(1) of  the  Framework  Agreement  on Parental  Leave provides that men and  women
workers shall be granted an individual right to parental leave. Clause 2(2) of the Framework
Agreement  on  Parental  Leave  provides  that,  to  promote  equal  opportunities  and  equal
treatment  between  men  and  women,  and  to  encourage  fathers  to  assume  an  equal  share  of
family responsibilities, the right to parental leave should, in  principle, be  granted  on  a  non-
transferable basis.

Country

Austria

Belgium

Denmark

Finland

France

Germany

Greece

Individual right?

Comments

Yes

Yes

Yes

Yes

Yes

Yes

Leave  may  not  be  taken  by  both
parents  simultaneously.  Under  current
legislation  priority  is  given  to  the
mother ( for details see below)

The  father  is  entitled  to  2  weeks
paternity  leave.  From  14  weeks  after
the  birth  of  the  child  the  parents  are
entitled  to  32  weeks  parental  leave
which they can share as they please.

Partial  childcare  leave  may  not  be
taken by both parents simultaneously

Yes  but  transferable  in  case  of  full-
time leave

The  social  partner  agreement  is  not
strict  on  non-transferability.  It  only
requires that the right to parental leave
"should,  in  principle,  be  granted  on  a
non-transferable basis"

Ireland

Italy

Yes

Yes

16

Luxembourg

Yes

is 

paid 

(generally, 

Each  parent  can  benefit  from  leave  of
up to 6 months, but, on  the  whole,  the
total  length  of  parental  leave  taken  by
the  parents  cannot  exceed  10  months
(or 11: see under point 3). Moreover, as
some
leave 
exceptions  are  fixed  by  the  law)  only
up to 6 months per child. Furthermore,
it  is  usually  only  the  mother  (whose
earnings  are  usually  lower  than  those
of  the  father)  who  takes  the  6  months
leave. Some special leave (for caring a
sick  child,  inter  alia)  cannot  be  taken
simultaneously.

Netherlands

Yes

Portugal

Yes

Spain

Yes (for the mother)

No: can be transferred from mother to
father

Leave  may  not  be  taken  by  both
parents simultaneously.  If  both  parents
apply for leave at same time, priority is
given to the mother.

In the 16 weeks of maternity leave but
only the 6 weeks immediately after the
childbirth are non-transferable.

The  rest  -  10  weeks;  can  be  taken
simultaneously by both parents as long
as the sum of both periods does not go
beyond 10 weeks (The mother can take
4  weeks  and  the  father  can  take  6
weeks).  In  this  case  the  first  4  weeks
can be taken simultaneously;: the father
takes 2 weeks just after the birth to take
care  of  the  mother  and  the  child,  and
(6
the  mother 
compulsory after birth plus 8 out of the
ten left)3

takes  14  weeks 

Yes  (for  each  worker  -  father  and
mother)

In the case of reduction of the working
hours of between a half and a third for
minor under 6.

Yes

Yes

But if  father and  mother  are  employed
at  the  same  company  and  they  were
exercising  this  right  on  the  ground  of
the same child, the company would be
able to allow limited this.4

Leave for minor under 3 years old Not
transferable  nor  submitted 
to  any
limitation.

3

4

Art. 48.4 del Estatuto de los Trabajadores, en su redacción dada por la Ley 39/1999 de 5 de noviembre
(BOE 6.11.1999).
Art. 37.5 del Estatuto de los Trabajadores, en su redacción dada por la Ley 39/1999 de 5 de noviembre
(BOE 6.11.1999).

17

                                                
Sweden

Yes

United Kingdom

Yes

right 

In  respect  of  paid  leave,  it  is  possible
for  one  parent  to  transfer  to  the  other
the 
the
exception  of  60  days  (as  of  01-01-
2001)  (per  child)  reserved  to  each
parent.

to  payment,  with 

In  all  Member  States,  entitlement  to  parental  leave  is  individual  and  in  principle  non-
transferable in conformity with the Directive.

Further,  in  the  United  Kingdom,  legislation  provides  for  a  transfer  of  parental  leave  in
circumstances that may be, but as yet are not, specified in legislation.

In  Germany,  each  parent  has  an  entitlement  of  three  years,  up  to  the  third  birthday  of  the
child. Parents who decide to take full-time parental leave to have one parent taking the whole
period  and  the  other  working  the  whole  time  are  not  prevented  from  doing  so.  However,  if
parents decide to take part-time leave, both  have to  take  some  leave  in order to use the full
entitlement.  Full-time  parental  leave  is  thus  in  fact  transferable.  Parents  will  not  lose  any
leave if the mother takes up all the leave herself.

Details for Austria:

Fathers  of  children  born  before  31.12.1999  had  a  secondary  access  to  parental  leave
("deduced entitlement"), and gender-specific provisions apply to them:

Whereas mothers as well as fathers were required

(cid:1)  to live with the child in one household and

(cid:1)  to exclusively take care for her/him

under  the  social  security  regime,5  labour  law  provisions  required  explicitly  the  same  for  a
father willing to take parental leave, but not for mothers.

A father is entitled to parental leave in two cases only:

(cid:1)  in  case,  the  mother  were  entitled  to  [parental]  „leave  on  the  occasion  of  maternity

[motherhood] on grounds of Austrian legal provisions“;6

(cid:1)  or,  the  mother  is  not  entitled  to  parental  leave,  but  prevented  from  child-care  by  (self-)

employment.7

Provisions applying to parents of children born between 1.1.2000 and 31.12.2001 if they want
to acquire parental leave from their employer.

5

6

7

cf  Articles  26,  26a  Arbeitslosenversicherungsgesetz  1977  as  amended  by  Bundesgesetz  30.4.1996,
BGBl 201.
Article 2 Paragraph 1 Ziffer 1 Eltern-Karenzurlaubsgesetz as amended by BGBl 1995/434 and BGBl 1
1997/61
Article 2 Paragraph 1 Ziffer 2 Eltern-Karenzurlaubsgesetz as amended by BGBl 1995/434 and BGBl 1
1997/61

18

                                                
Mothers as well as fathers must be

(cid:1)  living in the same household

(cid:1)  looking after the child as a main occupation

Nevertheless, for fathers there is one more explicit condition:

(cid:1)  the mother must not take parental simultaneously,

(cid:1)  or she is not entitled to parental leave at all.8

Though it can be stated that:

(cid:1)  insofar as the father is fully entitled to parental leave on an individual basis;

(cid:1)  the  amendments  of  1999  to  the  Parental  Leave  Act  found  an  approach  which  better
conforms  to  the  Directive  insofar  as:  Austrian  legislation  improved  access  to  part-time
leave for foster-parents and in cases of adoption;

(cid:1)  there may be objective reasons for differentiating between fathers and mothers,

It should be noted, that there are still specific provisions applying to fathers only and others
which might not encourage fathers to take parental leave.

Fathers are obliged to give notice in case:

(cid:1)  they do not share the same household with the child,

(cid:1)  or do not take care of the child as main occupation.

In this case, their parental leave may end prematurely, and the employer is entitled to require
he resume work immediately9 (similar provisions apply to the public sector10).

More decisive provisions discouraging fathers from taking parental  leave  might be found in
the context of Point 5 (payment).

Nevertheless,  in  practice  young  parents  do  not  understand  why  it  is  not  possible  to  take
parental leave simultaneously, especially when the baby has just arrived. Furthermore, fathers
should be given the right to commence parental leave immediately after birth.11

8

9

10

11

Article 2 Paragraph 1 Eltern-Karenzurlaubsgesetz as amended by BGBl 1999/153.
Article 3 Paragraph 5 l.c
Article 10 Paragraph 3 Eltern-Karenzurlaubsgesetz old = 10 Paragraph 4 Elternkarenzurlaubsgesetz as
amended by BGBl 1999/153 applying to civil servants, teachers on agricultural schools, and contractual
employees.  Their  parental  leave  will  be  turned  into  a  „normal“  unpaid  leave  unless  the  employer
requires them to resume work immediately.
Article 2 Paragraph 2 EKUG

19

                                                
6.

CONDITIONS/FORMALITIES

Clause 2(3) of the Framework Agreement on Parental Leave stipulates that the conditions of
access and detailed rules for applying parental leave shall be defined by law and/or collective
agreements in the Member States, as long as the minimum requirements of the Agreement are
respected. Member  States  and/or  management  and  labour  may  make  entitlement  to  parental
leave subject to a period of work qualification and/or a length of service qualification which
shall not exceed one year, adjust conditions of access and detailed rules for applying parental
leave to the special circumstances of adoption and establish notice periods.

Country

Notice period

Austria

8 weeks. (Premature, multiple or surgical
delivery:  12  weeks  )  If  an  employee
wishes  to  extend  his/her  leave,  or  if
mother  and  father  are  taken  parental
leave  alternatively:  3  months  notice
before the new part of the parental leave
should  begin  promptly  after  adoption.
Terms are at the disposal of the employer
and  the  employee  and  can  be  altered  by
agreement.

Belgium

3  months'  written  notice  (subject  to
reduction by agreement with employer)

Employee is required to propose how the
leave should be taken when notice given.
During  month  following  notice,  worker
and  employer  agree  on  how  leave  to  be
taken.  By  default,  parental 
leave
commences on date anticipated in notice.

Employee  must  provide  documents
proving  birth  or  adoption  at  latest  on
beginning parental leave

Denmark

4 weeks

Work  and/or  length  of  service
qualification

No  condition  required.  But  for
employees 
benefits:
52 weeks  employment  during  the
last 24 months

claiming 

Special  provision  for  parents  of
children born between 1/7/2000 and
6/8/2001: if one of the parents is on
parental  leave  or  has  postponed  it,
he/she  has  a  3  months  period  to
make a request for a parental  leave
until child's 2nd birthday.

In  private  sector.  Employed  for  12
of the 15  months preceding  written
notification.

No qualification in public sector.

Worked  for  same  employer  for  at
least  3  months.  Act  No  141  of
25 March 2002 amending the Equal
Treatment Act, the Benefit Act and
repealing  the  Child  minding  Leave
Act. The new Act entered into force
on  the  27th  of  March  2002  but  has
effect from the 1st January 2002.

For  children  born  before  the  1st
January  2002,  the  ‘old'  rules  on
parental  leave  and  child-minding
leave  in  the  Equal  Treatment  Act,
the  Benefit  Act  and  the  Act  on
Childminding Leave apply.

children 

For 
between
January 1,  2002  and  March  27,

born 

20

2002, 
the  parents  can  choose
between  the  old  rules  and  the  new
rules.

leave 

Child-minding 

For  children  born  after  the  27th
March  2002,  only  the  new  rules
apply. Under the new rules the  Act
on 
is
abolished.  Rules  on  child  minding
leave  are  now  integrated  into  the
rules on parental leave. There is no
longer  a  separate  child  minding
leave  in  addition  to  parental  leave.
In  respect  of  Community  law  the
new Act thus constitutes the Danish
implementation of both the parental
the  pregnancy
leave 
directive 
the
parental leave directive (96/34/EC).

(92/85/EEC)  and 

rules 

in 

to 

failure 

implement 

The 
the
Parental Leave Directive fully must
be  seen  in  connection  with  the
disagreement  that  has  existed  for  a
period  between  Denmark  and  the
Commission  as  to  whether  Danish
collective  agreements  should  be
accepted  as  the  sole  instrument  for
implementing directives.

Finland

2  months.  On  grounds  of  force  majeure
possible to change date (with at least one
month's  notice).  Adoptive  parents  also
required  to  give  2  months  notice  but,  if
justified,  can  change  dates  before  leave
begins by informing employer as soon as
possible

France

2  months  (one  month  if  parental  leave
follows maternity leave)

One year service

Germany

4 weeks

Greece

Public sector:

No  work  or 
qualifications in the civil service.

length  of  service

Private sector:

(cid:1)  One  year  service  with  same
employer,  granted  on  basis  of
priority of those working in the firm
for each calendar year

(cid:1) If parental leave claimed for other
children  in  family,  at  least  one
year's  employment  must  have  been
completed  since  end  of  previous
period  of  parental  leave.  The  other

21

Ireland

Italy

parent must work outside the home.

6  weeks'  written  notice.  Additionally,
employee  must  confirm  4  weeks  before
leave  due  to  begin,  commencement  date
of  leave,  its  duration  and  manner  in
which to be taken

continuous 

One  year 
service.
However,  if  at  least  3  months'
service, worker entitled to one week
of parental leave for each month of
service

Minimum  15  days,  except  where
objectively  impossible.  Detailed  rules
may be set by collective agreement.

Luxembourg

4 months

for 

for  at 

that  worker 

has
Requirement 
least  one  year
worked 
same
leave 
preceding 
Luxembourg  employer  unless  he
has  had  to  change  employer  for
economic  reasons  for  which  he  is
not  responsible,  on  condition  that
he  has  been  legally  employed  for
12 months  with  same  employer
during course of 15 months prior to
birth or adoption. Also requirement
that  employee  works  a  specified
minimum  number  of  hours  per
month.

Netherlands

2 months' written notice

One year service

Portugal

10 days for parental leave

30 days for special leave

Spain

for 

the  right 

No  special  conditions 
the
different  modalities  of  parental
leaves.  But  special  conditions  for
those  claiming 
to  be
remunerated  during  the  16  weeks
after  childbirth:  to  have  already
satisfied  a  minimal  period  of  quote
(  to  Social  Security)  of  180  days
within  the  5  years  previous  to  the
date of the childbirth or to the date
of  the  administrative  or  judicial
decision in case of adoption.

Sweden

2 months, but where not practicable, duty
to give notice as early as possible

In  service  of  employer  either  for
preceding 6  months, or for  not  less
than  12  months  during  preceding
2 years

United Kingdom

21 days

One year continuous employment

22

UNITED KINGDOM:

The  UK  provisions  in  many  cases,  constitute  minimum  conditions  which  come  into  effect
only where employers and employees do not agree their own procedures for taking parental
leave.  They  can  do  this  by  using  workforce  or  collective  agreements  or  through  individual
arrangements. Where these agreements have been concluded they apply, provided they are at
least as good as the minimum (fall-back) provided in the legislation.

23

7.

RESTRICTIONS AND SMALL FIRMS

Clause  2(3)(e)  and  (f)  allow  employers  to  postpone  the  granting  of  parental  leave  for
justifiable reasons and allow special arrangements to meet the operational and organisational
requirements  of  small  firms.  (In  accordance  with  Commission  Recommendation  96/280/EC
of 3rd April 1996 on SMEs).

Few  Member  States  have  taken  advantage  of  these  provisions.  A  number  of  States  require
agreement between the employer and the employee as to the practical arrangements for taking
leave, such as timing, reduced hours etc (for example, Denmark).

Country

Postponement of leave

Special arrangements for small firms

Belgium

For  the  reasons  set  out  in  Directive
(seasonal  work,  difficulties  in  finding  a
replacement etc)

Small  firms,  (defined  as  those  with
under  50  employees)  can  make  special
arrangements  for  parental  leave,  and
requests to take parental leave part-time
must be agreed with employer

Statutory  right  to  claim  parental  leave
part time restricted to employees whose
employer employs more than 15 persons
irrespective of trainees.

in  relation 

For  firms  with  less  than  15  employees,
and 
to  seasonal  work,
employer  can  delay  granting  parental
leave for up to 6 months

Denmark

Ireland

Germany

Luxembourg

Portugal

For  up  to  26  weeks  if  the  Employment
Agency cannot provide  replacement  for
employee  on  parental 
if
employer  does  not  want  to  employ
replacement provided

leave,  or 

For 6 months if granting of leave would
have  a  substantial  adverse  effect  on
operation of the business

leave 

that  must  be 

Parental 
taken
immediately  following  maternity  leave
may  not  be  postponed,  but  the  second
period of leave may be postponed for up
to  2  months  for  the  reasons  set  out  in
Directive

-  Only  in  respect  of  part-time  schemes
for care reasons that can go up to 2 or 3
years, , employer  may oppose leave for
reasons  relating  to  operation  of  the
undertaking  and  if  it  is  not  feasible  to
replace employee , but the denial of the
employee’s 
request  depends  on  a
favourable  opinion  of  the  Commission
for  Equality  on  Employment  and  at
Work

- In part-time schemes for care reasons,
depending  on  the  agreement  between
the  employee,
the  employer  and 
naturally 
the  employer  can  always
refuse

24

UK

Employer  may  delay  granting  of
parental  leave  if  taking  it  at  the  time
requested  would 
disrupt
operation  of  the  business.  Employer
must  specify  when  the  leave  can  be
taken.

unduly 

25

8.

PROTECTION FROM DISMISSAL AND RIGHT TO RETURN

Clause 2(4) of the Framework Agreement on Parental Leave provides that, in order to ensure
that workers can exercise their right to parental leave, Member States and/or management and
labour shall take the necessary measures to protect workers against dismissal on the grounds
of  an  application  for,  or  the  taking  of,  parental  leave  in  accordance  with  national  law,
collective  agreements  or  practices.  Clause  2(5)  provides  that  at  the  end  of  parental  leave,
workers  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 relationship.

Country

Austria

Protection against dismissal

Right to return

For  4  weeks  following  end  of  parental
leave or period of part-time work. But:

Private sector:

(cid:1)  After  the  child's  first  birthday  there  is
less protection

(cid:1) exception from protection of dismissal: if
enterprise is closed

26

is 

salary 

The working contract as such is not
interrupted  and  is  being  continued
but  the  employee’s  obligation  to
work and the employer’s obligation
to  pay 
suspended.
Employee has the right to return to
the  same  or  equivalent  job.  In
difficulties
practice 
especially 
to  be
reintegrated;  when  given  notice,
an
untitled 
employee 
(lessened
unemployment  benefit 
requirements- 
of
insurance)

less  weeks 

for  women 

there 

are 

to 

is 

Public Sector:

are 

protected 

Women 
from
dismissal  until  4  weeks  after  the
termination  of  parental  leave  rsp
parental part-time work.

However,  dismissal  of  temporary
is
(provisional) 
possible  on  certain  grounds  (Civil
Servants Act)

employment 

(cid:1)  after  4  months  after  protection
temporary
against  dismissal,  the 
(provisional) 
of
employment  of  a  civil  servant  may
a
into 
transformed 
not 
permanent employment contract.

contract 

be 

the 

(cid:1)  once 
temporary  contract
turned  permanent,  the  respective
decision will have retroactive effect
from the beginning of the protected
period

(cid:1) 
employment
permanent 
relationships  of 
servants
covered  by  the  Civil  Servants  Act
termination
are  not  subject 

civil 

to 

regardless of sex.

For public employees with a private
law contract of employment:

1st 

the 

during 

(cid:1) 
of
employment,  dismissal  with  notice
may  be  given  any  time  without
specific reasons (= private sector)

year 

Belgium

Two sets of provisions in private sector:

(cid:1) 'ministerial'  provisions  (where  parental
leave  occurs  as  part  of  career  break
scheme):  no  dismissal  other 
than  on
serious grounds or for reasons unrelated to
the  leave  from  application  until  3  months
after end of leave.

(cid:1)  after  the  1st  year  of  employment,
dismissal with notice may be given
only on grounds provided for by the
Contractual Employees Act

Right  to  return  to  same,  or  if  not
possible, equivalent or similar job

Refusal  to  reinstate  employee  to
same  or  equivalent  job  would  be
construed  as  constructive  dismissal
plus  fixed  damages  equal  to  six
months pay

partner' 

provisions: 

(cid:1) 'social 
almost
identical  except 
that  protection  ceases
2 months after end of leave and allows for
fractioned leave.

In  public  sector,  permanently  appointed
staff  members  may  not  be  dismissed
except for limited reasons

Dismissal  as  result  of  parental 
forbidden

leave

No express provision in legislation

Dismissal  as  result  of  parental 
forbidden

leave

Denmark

Finland

to 

to 

return 

Right 
same  or
equivalent  job  or  (if  no  such  work
exists) 
in
to 
employment
accordance  with 
contract

similar  work 

at 

least 

Right  to  return  to  same  or  similar
job  with 
equivalent
remuneration and, where techniques
and  working  methods 
have
changed,  to  receive  professional
training after end of parental leave

to 

Right 
comparable job

return 

to 

same  or

France

Parental  leave  not  legitimate  reason  for
dismissal

Germany

During parental leave and from the day of
application  for  parental  leave  (if  not  more
than  eight  weeks  before  parental  leave
begins) dismissal of the parent is subject to
permission  of  state  authorities  for  work
place  safety.  At  end  of  parental  leave,
parent  can  only  be  dismissed  with  three
months  notice.  In  any  case,  dismissal  for
reason of taking parental leave is illegal.

27

Greece

Ireland

Italy

Luxembourg

Netherlands

Portugal

Spain

Right  to  return  to  same  or  similar,
but not inferior, job (not applicable
where
to 
constitutional 
of
security)

guarantees 

service, 

civil 

service,  where 

Dismissal  due  to  exercise  of  right  to
parental leave is null and void (the relevant
legislative  provision  is  not  applicable  to
civil 
constitutional
guarantees against any unlawful dismissal,
lowering  in  rank  and  prejudicial  transfer
for  all  civil  servants).
are  provided 
Additionally,  any  direct  or 
indirect
discrimination against workers with family
responsibilities, in respect of access to and
their
retaining  of 
professional 
expressly
evolution, 
prohibited  by  legislation,  which  covers
those  employed  under  a  private 
law
relationship.  Moreover,
employment 
unfavourable 
treatment  of  parent  who
make use of the reduced day is prohibited.

employment 

and 

is 

to
Dismissal,  wholly  or  mainly  due 
exercise  or  proposed  exercise  of  right  to
parental leave is unfair.

Right  to  return  to  same,  or  if  not
reasonably practical, similar job

Dismissal  for  requesting  or  exercising
right to parental leave is null and void.

Dismissal during parental leave or as from
final day for prior notification of intention
to take leave is null and void.

Employer must obtain permission  from an
to  dismiss
administrative  organisation 
employee,  and  permission  not  given  if
dismissal  linked  to  exercise  of  legal  right
such as right to parental leave

to 

Right 
equivalent job

return 

to 

same  or

Right  to  return  to  same  or  similar
to  worker's
job  corresponding 
qualifications  and  at  wage  at  least
equivalent to that of former job

for 

unless 

provided 

No  specific  right  to  return  to  same
in
job 
individual  employment  contract.
However,  general  employment  law
prohibits a change in the individual
employment contract for reasons of
leave-taking.

Dismissal  for  requesting,  taking  or  being
entitled to parental leave or part-time work
is unfair

Right  to  return  to  same  job  or  to
return to full-time work

group 

category. 

occupational 

Right  to  return  to  same  job  within
first  year  of  parental  leave.  After
first  year  right  to  return  to  job  in
or
same 
equivalent 
Also
entitlement  to  vocational  training
on  return  to  work.  In  the  case  of
reduction  in  the  working  day  for
care  of  children,  no  guarantee  that
the
employee  may 
to
working  day  enjoyed  prior 
reduction

return 

to 

Dismissal for requesting or taking parental
leave is null and void

28

Sweden

taken  parental 

Dismissal  only  because  the  employee  has
requested  or 
is
invalid;  if  employee  is  in  any  event
summarily,
dismissed  on  notice  or 
dismissal  may  be  declared 
invalid  at
employee's request

leave 

to 

return 

conditions 

to  equivalent
Right 
and
employment 
benefits,  but  only  under 
the
condition  that  the  leave  has  not
made changes in tasks and  benefits
necessary.  Transfer  to  other  tasks
must  be  within  the  limits  of  the
employment contract.

United Kingdom

Dismissal unfair  where principle  reason  is
that  employee  takes  or  seeks  to  take
parental leave

At end of period of leave of up to 4
weeks,  employee  entitled  to  return
to  same  job.  Where  parental  leave
longer  than  4  weeks,  employee
entitled  to  return  to  same,  or  if  not
reasonably 
similar
position.

practicable, 

Variation  on 
applies  where 
immediately 
leave

these  provisions
leave
follows  maternity

parental 

29

9.

EMPLOYMENT RIGHTS & STATUS OF TIME ON PARENTAL LEAVE

Clause 2(6) of the Framework Agreement on Parental Leave states that rights acquired or in
the process of being acquired by the worker on the date on which parental leave starts shall be
maintained as they  stand  until  the end  of  parental  leave.  At the  end  of  parental  leave,  these
rights,  including  any  changes  arising  from  national  law,  collective  agreements  or  practice,
shall apply. Clause 2(7) states that Member States and/or management and labour shall define
the status of the employment contract or employment relationship for  the period of parental
leave.  Clause  2(8)  stipulates  that  all  matters  relating  to  social  security  are  for  consideration
and  determination  by  Member  States  according  to  national  law,  taking  into  account  the
importance  of  the  continuity  of  the  entitlements  to  social  security  cover  under  the  different
schemes, in particular health care.

Country

Austria

Comments

Private Sector

Time  of  parental  leave  -  if  nothing  else  is  agreed  –  does  not  count  for  rights
which  are  dependant  to  the  duration  of  employment  (seniority  rights).
However, 10 months at maximum of the first parental leave in an employment
relationship  will  be  taken  into  account  to  determine  the  period  of  notice  for
dismissal;  to  determine  the  period  of  sickness  benefits  and  for  the  seniority
rights for the duration of annual leave (vacation).

More  and  more  collective  agreements  in  the  private  sector  take  the  parental
leave into account for the entitlement to redundancy pay (up to the maximum
of  22  months:  collective  agreements  of  metal  workers).  However,  the
collective  agreement  which  provides  for  the  automatic  advancement  in  the
scheme of wages during parental leave is an exception.

Entitlement to social security - in particular to health care - in general does not
change.  Pension  scheme:  Due  to  §  227a  Social  Security  Act  (Allgemeines
Sozialversicherungsgesetz)  times  of  de-facto  and  main  caring  for  a  child  (in
Austria)  count  as  substitution  times  for  the  entitlement  to  a  pension  at
maximum of 48 months.

Public Sector:

Agreements  other  than  the  principles  laid  down  in  Mutterchutzgesetz  are  not
possible  (unlike  in  private  sector)  .As  a  matter  of  principle,  the  status  of
official  does  not  change  during  parental  leave  (the  relationship  between  the
official and the state formally ends with the official’s death). Provision taking
into  account  a  period  of  ten  months  for  the  seniority  rights  applies.  Time  of
parental leave- insofar federal legislation does not provide otherwise- are not to
be  taken  into  account  for  any  entitlement  depending  on  the  duration  of  the
employment  (seniority  rights).  On  the  other  hand,  parental  leave  would  not
delay automatic advancement. Entitlement  to  social  security  -  in  particular  to
health care - in  general  does  not  change.  Parental  leave  is  taken  into  account
for  pension;  the  employee  does  not  need  to  pay  additional  fees  or
contributions.  -additional  leave  (maximum  in  total:  10  years)  holds  up
advancement, but it is to be taken into account as period of service. Contractual
employees: the whole parental leave is taken into account for seniority rights,
additional  leave  to  care  for  a  child  in  the  extent  of  5%  Private  and  public
sector: working during parental leave to a minimum extent under the threshold
does  not  stand  against  parental  benefit  for  the  same  or  a  different  employer.
That  is  considered  as  a  parallel  working  contract;  if  the  employee  does  not
come  to  work,  that  will  not  be  accounted  as  a  breach  of  the  employment

30

Belgium

Denmark

Finland

France

Germany

Greece

Ireland

contract  (the  employee  is  allowed  to  "keep  in  touch"  with  the  enterprise,
according  to  the  legislator's  motives).  Whereas  contractual  public  employees
can engage into that type of employment, it is not the case for certain groups of
civil servants.

Right  to  be  informed:  during  parental  leave,  the  employer  should  keep  the
employee  informed  about  important  on-goings  in  the  enterprise  especially
concerning insolvency, formation, changes in the organisation (lex imperfecta).

In  private  sector,  employment  contract  remains  in  existence  during  leave
although  its  execution  is  suspended.  Acquired  rights  remain  as  essential
conditions  of  the  job  in  which  the  worker  must  be  reinstated.  Acquisition  of
new  rights,  especially  concerning  pay, 
largely  covered  by  collective
agreements. Parental leave gives no right to any social security allowance and
entails  a  break  in  social  security  coverage  (cid:2)  only  in  the  "social  partners"
scheme

In  public  sector,  parental  leave  is  assimilated  to  a  period  of  service,  but  for
contractual  workers,  no  social  security  coverage  (cid:2)  only  in  the  "unpaid"
scheme

Parental leave counts as a period of service when calculating seniority, but not
for pension purposes.

Employment  contract  continues,  although  salary  not  paid.  Parental  leave
counts  for  annual  leave  purposes  and  as  a  period  of  insurance  for  the
calculation  of  retirement  benefits  (but  application  to  private  sector  in  doubt
following decision of Insurance Court in December 2001.

Parental  leave  counts  (at  half  time)  for  rights  linked  to  seniority.  For  the
calculation of retirement rights, the leave is counted as a period of insurance.
All  advantages  acquired  prior  to  start  of  leave  are  maintained.  At  end  of
parental  leave  workers  are  once  again  entitled  to  full  rights  to  sickness,
maternity, invalidity and death benefits.

Employment contract continues to exist during parental leave, although duties
of  work  and  salary  are  not  in  force.  Parental  leave  is  accredited  for  sickness
and pension insurance purposes, without contributions being paid, but does not
count  for purposes of calculating unemployment  benefit  periods.  Each  month
spent  on  parental  leave  reduces  employee's  annual  leave  entitlement  by  one
twelfth.

Generally,  parental  leave  counts  as  period  of  employment  for  all  purposes,
including  calculation  of  annual  leave  and  compensation  in  the  case  of
redundancy.  Employee  must  pay  full  social  security  contributions  (both
employee's  and  employer's)  if  he  or  she  wishes  to  maintain  social  security
cover during parental leave. However, extent to which parental leave counts as
a period of service as well as medical coverage during leave for civil servants
is unclear.

remuneration,  superannuation  benefits  or  any  obligation 

Employee  on  parental  leave  is  deemed  to  be  in  the  employment  of  the
employer and employment rights are regarded as continuing, apart from right
to 
to  pay
contributions.  Such  time  off  work  is  deemed  to  be  continuous  with  the
previous period of employment. When an employee is on leave, he/she may be
credited  as  being  in  employment  for  the  purposes  of  future  social  welfare
entitlements.  Time  spent  on  parental  leave  does  not  affect  entitlement  to
statutory annual leave and public holidays

31

Italy

Luxembourg

Netherlands

Portugal

Spain

Sweden

United Kingdom

Employment contract remains in existence during leave although its execution
is suspended. Parental leave is taken into account in calculation of rights linked
to seniority (but not for the payment of the "thirteenth month's pay"). Leave is
fully credited for the purposes of social security contributions  until child  is  3
years  old  and  for  a  maximum  of  6  months.  The  employee  continues  to  be
covered by the national health system.

Worker retains the benefit of all advantages acquired before the start of leave.
Parental leave is taken into account in calculation of rights linked to seniority,
is regarded as a  stage period for purposes of social insurance and entitles the
worker to full  unemployment  indemnity  rights.  However,  parental  leave  does
not give any right to annual leave. During parental leave employment contract
is suspended.

Employment  relationship  continues,  but  no  specific  provision  protecting
acquired  rights.  Nevertheless,  general  employment  law  protects  acquired
rights.

Suspension  of  rights,  duties  and  safeguards  of  parties  to  employment
relationship  concerning  the  carrying  out  of  work  and  pay.  However,  leave
counts  for  purposes  of  rights  relating  for  instance,  to  seniority,  length  of
service and promotion. Leave is taken into account when calculating invalidity
and old age pensions and has no adverse impact on entitlement to medical care.

Parental  leave  counts  for  length  of  service,  and,  in  public  sector  only,  for
promotion.  Acquired  rights,  or  rights  in  the  process  of  being  acquired,  are
recognised insofar as concerns leave of absence to care for children. Contract
is  suspended  during  parental  leave  and  obligations  of  worker  to  work  and  of
employer to pay remuneration are annulled. Provisions exist to enable worker
to  maintain  social  security  cover  during  periods  of  leave  to  care  for  a  young
child.

An employee who requests or exercises right to leave is not required to accept
reduced employment benefits or less favourable working conditions than those
necessitated  by  the  leave  or  any  other  transfer  than  that  which  may  occur  in
context of the employment agreement and which is necessitated by the leave.

Employment contract continues during parental leave. Leave counts for length
of service.

Employment contract continues during period of parental leave, although only
certain terms and conditions relating to termination, redundancy and discipline
and grievance procedures will apply. Rights relating to seniority and pensions
acquired prior to start of leave are preserved. On returning to work, parent will
benefit  from any improvement in other terms and conditions (including those
relating to pay).

32

10.

TIME OFF ON GROUNDS OF FORCE MAJEURE

Clause 3(1) of the Framework Agreement on Parental Leave states that Member States and/or
management and labour shall take the necessary measures to entitle workers to time off from
work,  in  accordance  with  national  legislation,  collective  agreements  and/or  practice,  on
grounds of force majeure for urgent  family reasons in cases of  sickness or  accident making
the immediate presence of the worker indispensable. Member States and/or management and
labour may specify the conditions of access and detailed rules and limit the entitlement to a
certain amount of time per year and/or per case: (clause 3(2)).

Country

Entitlement

Grounds

Austria

One week paid leave per year

to look after sick child or relative

One further week per year

If childcare is necessary for a child under 12:

illness.  The  parent  concerned 

-because the person looking after the child is
prevented  from  doing  so  by  death;  because
he's  in  hospital  because  he  is  in  prison  or
arrested  by  authority  or  because  he  has  a
grave 
is
entitled  to  parental  leave  immediately  after
of the cases mentioned occurred, even if the
other  parent  had 
leave
previously;  maximum  until  the  child's  2nd
birthday. Additional requirement for fathers:
living  in  the  same  household  together  with
the child. - or if the other parent stops living
in  the  same  household  as  the  child,  or  stop
looking  after  the  child  for  most  of  his/her
time

taken  parental 

Up to 1 week for employees

Additional remarks:

(cid:1)  Important  personal  reasons  preventing
from work

(cid:1)  Employees  ("Angestellte"  as  contrary  to
workers) are entitled to remuneration in case
of a "relatively short prevention (hindrance)
to  work  on  grounds  of  important  personal
reasons  "for  which  they  cannot  be  held
accountable".  Courts  have  extended 
the
applicability to:

(cid:1)  "important  personal  reasons":  getting  a
passport;  taking  exams  for  driving  licence;
medical  examinations;  baptisms;  weddings;
funerals  (family  or  very  close  friend);  any
urgent case.

(cid:1) "a relatively short prevention" may cover a
period of few hours up to one week.

33

In  general,  the  provision  will  apply  to  any
case  in  which  the  contractual  obligation
towards  the  employer  will  collide  with  a
legal  obligation  to  a  3rd  person.  This  apply
especially

(cid:1) to parents: they are obliged to take care of
their children

(cid:1)  to  a  husband  whose  wife  is  giving  or  has
been recently given birth; though there is no
legal  obligation,  the  same  is  valid  for
couples sharing an informal partnership

Typical  provisions 
agreements are:

in  most  Collective

1 day

3 days

1-3 days

When wife or partner is giving birth

for marriage

when moving

at least 1 day

for funerals, etc.

Belgium

In private sector, 10 days leave per
year 
part-time
workers)

(pro-rata 

for 

Staff  in  public  sector  entitled  to
leave  of  15  days  per  year,  which
can  rise  to  30  days  of  "exceptional
leave"

On "imperious grounds", examples of which
are set out in legislation and include illness,
accident or hospitalisation of family member

On  "imperious  grounds  related 
family"

to 

the

Time off for "short periods"

If family member hospitalised

Denmark

Temporary time off work unpaid

Where  pressing  reasons,  such  as  illness  or
accident 
family,  making  employee's
presence at home urgently necessary

in 

This  is  only  implemented  in  a  number  of
collective agreements

is  no 

legislation  covering 

There 
those
employees  who  are  not  covered  by  a
collective  agreement  containing  a  force
majeure clause. Some 30 % of employees in
the  private  sector  are  not  covered  by
collective agreements in Denmark.

34

Finland

Temporary time off work unpaid

time  off  work  with
Temporary 
maximum  4  days.  According  to
some collective agreements 3 of the
4 days are paid. Seamen have same
entitlement,  on  condition  that  they
leave their vessel in port and return
to it.

France

3 days leave per year

On  grounds  of  force  majeure  for  urgent
family  reasons  in  cases  of  sickness  or
accident  making  immediate  presence  of
employee indispensable

To care for sick child under age of 10, (the 4
days  can  be  repeated  if  child  is  sick  with
different illness, or if different child is ill). If
the other parent is at  home and able to care
for  the  sick  child,  the  civil  servant  is  not
entitled to time off.

In case  of  illness  or  accident  of  child  under
16 in employee's care (supported by medical
certificate)

However, 5 days leave per year

if  child  under  one  year  old  or  if  employee
has 3 or more children under 16

if a reason exists (for example serious illness
or  serious  disability  or  accident)  which
makes  it  impossible  for  an  employee  to
work. Part-time possible.

If  child  under  one  year  old  or  if  employee
has three or more children under 16

4 months (renewable twice)

If  a  reason  exists  (for  example,
serious  illness  or  death  of  near
relative or fatherhood) which makes
it  impossible  for  an  employee  to
work  for  a  relatively  short  time,
s/he  may  stay  at  home.  Collective
agreements  may  set  out  more
detailed  arrangements  concerning
duration  of  leave.  Leave  paid  in
certain instances.

Additionally,  5  days  in  the  case  of
illness  of  child  where  parent  is
member  of  public  health  insurance
scheme.

In  public  sector 
(renewable twice)

:  4  months

35

Germany

10  days  leave  per  parent  per  child
(20 days for single parent). If more
than  one  child,  total  maximum  25
days  per  parent  (50  days  for  single
parent)  if  parent  covered  by  public
health  insurance.  Leave  paid  by
health
employer 
insurance.  Leave 
granted
irrespective  of  other  persons  being
able to care for the child.

public 
is 

or 

Further,  if  an  urgent  reason  exists
(for  example,  serious  illness  of  a
child who has no one else, who can
care  for  him)  the  employee  may
to  "Child
stay  at  home  (right 
Sickness 
Collective
Leave"). 
agreements  may  set  out  more
detailed  arrangements  concerning
duration  of  leave  (some  of  them
offering  longer  periods  of  leave  if
the  child  is  seriously  ill).  Leave
paid in certain instances.

Greece

6 days

8 days

12 days

Additionally, 
full-time  worker
entitled  to  up  to  4  days  leave  per
year for school visits

Parents  employed  in  undertakings
with at least 50  workers,  who  have
mentally or physically  handicapped
children, may ask for their working
day to be reduced by one hour, with
a  proportional  pay 
reduction.
Additionally,  2  days  leave  in  case
spouse,  children,
of  death  of 
parents, sisters or brothers.

Ireland

about 

nothing 

Situation  unclear  in  civil  service
The  Code  of  Civil  Servants
provides 
force
majeure cases, while Art. 53 thereof
provides  that  employees  shall  be
in  respect  of  school
facilitated 
visits,  according  to  a  ministerial
decision  which  will 
the
maximum  number  of  days  of
absence,  but  such  a  ministerial
decision has not yet been issued.

fix 

36

For  full  time  workers  who  have  custody  of
one  child  and/or  other  dependent  family
members, in case of illness

For full time workers who have custody of 2
or more children

For full time workers who have custody of 3
or more children

For family emergencies  caused  by  injury  or
illness, known as force majeure leave. Right
to leave applies in the case of serious illness
in  respect  of  close  relation  or  partner  with
whom  employee  is  living  as  husband  or
wife.

Italy

3 days paid leave per year

Alternatively,  employee  may  agree
different  working 
arrangements
with employer.

Additionally,  up  to  2  years  unpaid
leave,  block  or  piecemeal  (and  not
counted  as  actual  work  for  the
Pension System)

In the  case  of  death  or  serious  and  certified
illness of partner or other family member

In the case of illness cited above

To  deal  with  serious  and  certified  family
matter.

Priority  criteria  to  take  up  these  leaves  and
the  modalities  to  check  periodically  the
existence  of  the  requirements  are  set  by  a
decree, while collective bargaining has to set
up  the  modalities  for  the  attendance  of  the
vocational training addressed to people who
go back to work after such leave.

Each  parent  also  has  right  (but  not
to  be 
taken  by  each  parent
simultaneously) to:

To look after sick child up to 3 years old

To look after sick child up to 8 years old

Unpaid leave

5 days leave per year

Longer periods of leave provided

To  take  care  of  disabled  child  or  other
relative

Luxembourg

2  days  (per  child)  per  year  special
leave

social 

leave, 

During 
concerning 
employment 
particular 
dismissal, continue to apply

legal  provisions
security  and
in
against

protection, 

protection 

For  family  reasons  if  child  under  15  in
employee's  care,  and  in  respect  of  whom
family  benefits  are  payable,  suffers  serious
illness  or  accident  or 
if  some  other
imperious  health  reason  requiring  presence
of one of the parents

Netherlands

Paid  leave.  No  limitation  in  hours
or days.

For  urgent,  personal  reasons,  such  as  the
delivery of a baby, death of family member.

Portugal

30 days per year

tasks  (a  sick 

For  urgent  care 
family
member),  paid  short  term  care  leave  with  a
maximum  of  twice  the  normal  working
hours a week per year is possible.

To  provide  urgent,  essential  care  in  respect
of  child  under  10  (no  age  limit  where  child
disabled) who is ill or has suffered accident.
If child hospitalised, entitlement to take time
off  work  is  extended  to  cover  period  of
hospitalisation.

37

15 days per year

To  provide  urgent,  essential  care  in  respect
of child over 10, spouse or partner and other
specified relatives in the event of sickness

Absences from work are considered justified
but  are  usually  not  paid  and  the  right  to  a
social benefit is quite uncertain

Spain

 2  days  (or  4  days  if  travelling
involved)-  advance  notice  and
justification necessary

If  accident  or  critical  illness  of  child  or
relative

Sweden

to  one  year
Additionally,  right 
unpaid 
reduction  of
leave  or 
working  hours  of  between  half  and
third  (with  proportionate  reduction
in salary)12

An employee is entitled  to  parental
leave to care  for  a  sick  child  under
the  age  of  12,  with  a  maximum  of
60 days a year per child.

Employee entitled to time off work
on  grounds  of  force  majeure  for
urgent  family  reasons  in  cases  of
sickness  or  accident  making  the
immediate  presence  of  the  worker
indispensable.

United Kingdom A  reasonable  amount  of  time  off

work

To  take  care  of  relative  who  for  reasons  of
age,  accident  or  disease  cannot  care  for
themselves

To  deal  with  domestic  incident  such  as
sudden illness or accident of dependant or to
make  arrangements 
looking  after
children  due  to  sudden  illness  or  incapacity
of  normal  carer.  Term  "dependant"  widely
than
defined 
members of employee's family.

include  persons  other 

for 

to 

Remarks for Denmark:

There is no statutory provision to implement the force majeure clause in the Parental Leave
Directive  in  the  new  Danish  legislation  on  parental  leave,  which  has  just  been  passed.
Denmark is thus still failing to fulfil its obligation to implement the clause on force majeure
for family reasons correctly.

12

Art. 46.4 del Estatuto de los Trabajadores, en la redacción dada por la Ley 39/1999 de 5 de noviembre
(BOE 6.11.1999)

38

                                                
Remarks for Germany:

Parental leave in Germany is still taken by mothers in 95 %  of  cases. The main reasons for
this are that leave is very long and in practice fully transferable between parents if not taken
part  time.  Part  time  Parental  leave  is  restricted  and  not  yet  very  well  accepted.  There  is  no
adequate  income  supplement  for  parental  leavers  -  the  "Erziehungsgeld"  still  being  the
equivalent of 900 Marks maximum. This leaves most families no other choice than opting for
parental leave of the spouse earning the lower wage.

Remarks for Austria:

For employees of the private sector there is no flexible provision such as for civil servants. If
employees' children (in the private sector) are sick and their parents need to look after them
for more than two weeks per year then the parents must use their holiday entitlement for this
purpose.

On the other hand, in practice, employees are highly dependent on informal factors (personal
relation to the employer; general "climate" in their corporation) if they wish to make use of
relatively better provisions applying to them.

39

ANNEX I

LIST OF IMPLEMENTING MEASURES

Belgium:

1.

2.

Convention  collective  de  travail  n  64  du  Conseil  National  du  Travail  instituant  un
droit  au  congé  parental  du  29/04/1997  rendue  obligatoire  par  l’A.R.  du  29  octobre
1997.

Arrêté Royal du 10 août 1998 modifiant l'Arrêté Royal du 29 octobre 1997 relatif à
l’introduction  d’un  droit  au  congé  parental  dans  le  cadre  d’une  interruption  de
carrière.

Denmark:

1.

2.

3.

4.

5.

Lov om orlov jf. Lovbekndtgorelse nr.4 af 4 januar 1999 (Leave Act Consolidating
Act N° 4 of 4 January 1999).

Bekendgørelse N°48 af 26 januar 1998( Order N°48 of 26 January 1998on training ,
sabbatical and child care leave.

In the Private sector: Agreement between the Danish Federation  of  t_Trade Unions
(LO)  and  the  Danish  Employer's  Confederation  (DA),  dated  3  June  1999,  on
implementation of Parental Leave Directive

In  the  Public  sector:  Agreement  between  the  Finance  Ministry  and  the  central
organisations and the Finance Ministry circular, dated 17 March 1997

In the sea transport sector abil has been tabled to implement §3 of the Directive. Bill
amending the Seafarers Act of 13 October 1999

Germany:

1.

2.

3.

Greece:

1.

2.

BErzGG December 2000

Gesetz  über  die  Gewährung  von  Erziehungsgeld  und  Erziehungsurlaub
(Bundeserziehungsgeldgesetz - BErzGG), in der Fassung der Bekanntmachung vom
31/01/1994  (BGBl.  I  S.  180),  zuletzt  geändert  durch  Gesetz  vom  24/03/1997  ref  :
Bundesgesetzblatt Teil I vom 24/03/1997 Seite 594

Gesetz  über  die  Gewährung  von  Erziehungsgeld  und 
(Bundeserziehungsgeldgesetz) 
7. Dezember 2001, BGBL. I, Nr. 65, S. 3358

zur  Elternzeit
in  der  Fassung  der  Bekanntmachung  vom

Law n° 1483/1984 of 5 October 1984, FEK A numéro 153 of 08/10/1984 [Attention:
since law 2639/1998 has modified only art. 5(1) of law 1483/1984, this means  that
the other provisions of law 1483 are still in effect].

FEK A n° 205 du 02/09/1998

40

3.

4.

5.

Law n° 2683/1999 (Code od Civil Servants), FEK A numéro 19 of 09/02/1999.

Decree n° 193/1988, FEK A n° 84 of 06/05/1988.

Note : It is not clear to whom Decree 193/1988 applies nowadays. It is probable that
it  applies  a)  to  persons  who  are  employed  by  the  State,  legal  persons  governed  by
public law and local authorities under a fixed term contract and b) to civil servants of
local authorities.

Law  n°  2639/1998  of  2  September  1998  Article  25  modifying  Art  5(1)  of  law  n°
1483/84

Remark: The Ministry of Labour is not competent for civil servants and  personnel  of legal
persons governed by public law, which form a large part of employees in Greece. Therefore,
they we have only half the picture regarding the situation in Greece as the specific legislation
that covers these employees is not mentioned. this applies to all information on employment
and social security in Greece.

Spain:

1.

2.

3.

4.

5.

6.

7.

8.

Real  Decreto  1251/2001,  de  16  de  noviembre  (BOE  17.11.2001),  por  el  que  se
regulan  las  prestaciones  económicas  del  sistema  de  la  Seguridad  Social  por
maternidad y riesgo durante el embarazo

Ley 39/1999 de 5 de noviembre, de conciliación de la vida familiar y laboral de las
personas trabajadoras (BOE 6.11.1999)

Real  Decreto  Legislativo  1/1995,  de  24  de  marzo,  por  el  que  se  aprueba  el  texto
refundido de la Ley del Estatuto de los Trabajadores, Boletín Oficial del Estado de
número 75 de 29/03/1995 Página 9654 (Marginal 7730)

Ley  30/1984,  de  30  de  agosto,  de  medidas  para  la  reforma  de  la  Función  Pública,
Boletín Oficial del Estado número 185 de 03/08/1984 Página 3367 (Marginal 17387)

Ley 66/1997, de 30 de diciembre, de Medidas Fiscales, Administrativas y del Orden
Social,  Boletín  Oficial  del  Estado  número  313  de  31/12/1997  Página  38517
(Marginal 28053)

Ley 4/1995,  de 23 de marzo,  de  regulación  del  permiso  parental  y  por  maternidad,
Boletín Oficial del Estado número 71 de 24/3/1995 Página 9211 (Marginal 7242)

Real  Decreto  Legislativo  1/1994,  de  20  de  junio,  por  el  que  se  aprueba  el  Texto
Refundido  de  la  Ley  General  de  la  Seguridad  Social,  Boletín  Oficial  del  Estado
número 154 de 29/6/1994 Página 20658 (Marginal 14960)

Real Decreto número 356/91 de 15/03/1991, por el que se desarrolla, en materia de
prestaciones  por  hijo  a  cargo,  la  Ley  26/1990,  de  20  de  diciembre,  por  la  que  se
establecen  en  la Seguridad  Social prestaciones no  contributivas,  Boletín  Oficial  del
Estado de 21/03/1991

41

9.

10.

Real Decreto número 356/91 de 15/03/1991, por el que se desarrolla, en materia de
pensiones  no  contributivas  la  Ley  26/1990,  de  20  de  diciembre,  por  la  que  se
establecen  en  la  Seguridad  Social prestaciones no  contributivas,  Boletín  Oficial  del
Estado de 21/03/1991

Orden  de  18  de  julio  de  1991,  por  la  que  se  regula  el  Convenio  Especial  en  el
Sistema de la Seguridad Social, Boletín Oficial del Estado de 30/7/91

France:

In the private sector:

1.

2.

Code du travail, Articles L 122-28-1 to L 122-32. Code de la Sécurité sociale Article
L.351-4 et 5

Loi n°84-9 de janvier 1984 (aviation civile et armement maritime).

In the public sector:

1.

2.

Ireland:

1.

2.

3.

4.

5.

Italy:

1.

2.

Loi  du  25.07.1994  (n°94-629)  complétée  par  la  loi  du  16.12.1996  (n°96-1093)
relative au congé parental après l’adoption d’un enfant.

Décret n° 85-986 du 16 septembre 1985 modifié par le décret 2002-684 du 30 avril
2002. : article 52 à 58. JO 2 mai 2002.

Parental Leave Act, 1998 of 3 December 1998

Parental Leave (Notice of Force Majeure Leave) Regulations, 1998 (SI No.  454 of
1998)

Parental Leave (Disputes and Appeals) Regulations, 1999 (SI No. 6 of 1999)

Parental Leave (Maximum Compensation) Regulations, 1999 (SI No. 34 of 1999)

European Communities (Parental Leave) Regulations, 2000 (SI No. 231 of 2000)

Legge  8  Marzo  2000  N°53  Disposizioni  per  il  sostegno  della  maternita'  e  della
paternita', per il diritto alla cura e alla formazione e per il coordinamento dei tempi
delle citta'

D.L.gs 26 Marzo 2001 N° 151 Testo unico delle disposizioni legislative in materia di
tutela  e  sostegno  della  maternita'  e  della  paternita',  a  norma  dell'articolo  15  della
legge 8 marzo 2000, n. 53

Luxembourg:

1.

Loi  du  12  février  1999  concernant  la  mise  en  oeuvre  du  plan  d'action  national  en
faveur de l'emploi 1998.

42

Netherlands:

1.

2.

3.

Wet van 16 november 2001 tot vaststelling van regels voor het tot stand brengen van
een nieuw evenwicht tussen  arbeid en zorg in de  ruimste zin  (Wet arbeid  en zorg).
Chapter 6 of this new Act deals with parental leave. Staatsblad 2001, 567 and 568

Wet  van  25  juni  1997  tot  wijziging  van  titel  7.10  (arbeidsovereenkomst)  van  het
Burgerlijk Wetboek met betrekking tot het ouderschapsverlof", Staatsblad 1997, 266.

Besluit van 25 juni 1997 tot vaststelling van het tijdstip van inwerkingtreding van de
Wet  van  25  juni  1997  tot  wijziging  van  titel  7.10  (arbeidsovereenkomst)  van  het
Burgerlijk Wetboek met betrekking tot het ouderschapsverlof", Staatsblad 1997, 267.

Austria:

1.

2.

3.

4.

5.

6.

7.

Landesgesetz  vom  04/11/1993  über  die  Regelung  des  Eltern-Karenzurlaubes  (O.ö.
Eltern-Karenzurlaubsgesetz - O.ö. EKUG), Landesgesetzblatt für Oberösterreich Nr.
123

Verordnung  der  o.ö.  Landesregierung  vom  15/09/1997  zur  Bekämpfung  von
Nelkenwicklern,  Landesgesetzblatt  für  Oberösterreich,  Nr.  122/1997,  ausgegeben
und versendet am 24/10/1997

geltende 

Gehaltsgesetz 
das  Landesbeamten-Pensionsgesetz, 

Landesgesetz vom 29/02/1996, mit dem das O.ö. Landesbeamtengesetz 1993, das als
Landes-
Landesgesetz 
Vertragsbedienstetengesetz, 
das  O.ö.
Mutterschutzgesetz  und  das  O.ö.  Karenzurlaubsgeldgesetz  geändert  und
Bestimmungen  über  das  Ausmaß  der  Lehrverpflichtung  für  Vertragslehrer  an
Musikschulen 
(O.ö.
Gemeinden 
Dienstrechtsänderungsgesetz  1996),  Landesgesetzblatt  für  Oberösterreich,  Nr.
37/1996 , ausgegeben und versendet am 15/05/1996

erlassen 

werden 

1956, 

O.ö. 

o.ö. 

das 

der 

Landesgesetz  vom  03/12/1993  über  das  Dienstrecht  der  Beamten  des  Landes
Oberösterreich (O.ö. Landesbeamtengesetz 1993 - O.ö. LBG), Landesgesetzblatt für
Oberösterreich, Nr. 11/1994, zuletzt geändert durch 83/1996

Landesgesetz vom 3. Dezember 1993 über das Dienstrecht der Vertragsbediensteten
des Landes Oberösterreich (O.ö. Landes Vertragsbedientstetengesetz - O.ö. LVBG),
Landesgesetzblatt für Oberösterreich, Nr. 10/1994

Mutterschutzgesetz  BGBl  1979/221  idF  BGBl  1980/409,  1980/577,  1984/213,
1986/563, 1989/651,  1990/76,  1990/408,  1990/450,  1991/277,  1991/628,  1992/315,
1992/833,  1993/257,  1995/434,  I  1997/9,  I  1997/61,  I  1998/70,  I  1998/123,  I
1999/70, I 1999/153, I 2001/98 und I 2001/103

Bundesgesetz  vom  07/07/1976  betreffend  die  Vereinheitlichung  des  Urlaubsrechtes
und  die  Einführung  einer  Pflegefreistellung,  Bundesgesetzblatt  für  die  Republik
Österreich, Nr. 390/1976 idF 832/1995

43

8.

9.

10.

11.

12.

13.

14.

15.

16.

Bundesgesetz  vom  12/12/1989  mit  dem  ein  Karenzurlaub  für  Väter  geschaffen
(Eltern-Karenzurlaubsgesetz  -  EKUG)  und  das  Mutterschutzgesetz  1979,  das
Angestelltengesetz,  das  Gutsangestelltengesetz,  das  Landarbeitergesetz  1984,  das
Arbeitslosenversicherungsgesetz  1977,  das  Allgemeine  Sozialversicherungsgesetz,
das
das  Karenzurlaubsgeldgesetz, 
Gehaltsgesetz 1956, das Pensionsgesetz 1965, das Vertragsbedienstetengesetz 1948,
die 
und
Forstarbeiterdienstrechtsgesetz,  das  Landeslehrerdienstrechtsgesetz  1984  und  das
Land-  und  forstwirtschaftliche  Landeslehrer-Dienstrechtsgesetz  1985  geändert
werden, Bundesgesetzblatt für die Republik Österreich, Nr. 651/1989 idF 434/1995

das  Beamten-Dienstechtsgesetz 

Bundesforste-Dienstordnung 

Land- 

1979, 

1986, 

das 

Bundesgestetz,  Änderung  mit  dem  das  Landarbeitsgesetzes  1984.  ref:  BGBl
07/07/2000 p.625 - SG(2000)A/14169

Landarbeitsordnungs-Novelle 2000 ref: LGBL nr 53 - SG(2000)A/13454

Landesgesetz,  mit  dem  das  Oö.  Landes-Gehaltsgesetz,  das  Oö.  Landesbeamten-
Pensionsgesetz, das Oö. Objektivierungsgesetz, das Oö. Mutterschutzgesetz, das Oö.
Landesbediensteten-Schutzgesetz  1998,  das  Oö.  Land-  und  forstwirtschaftliche
Landeslehrer-Diensthoheitsgesetz  1988,  das  Oö.  Land-  und  forstwirtschaftliche
Landeslehrer-Diensthoheitsgesetz  1988,  das  Oö.  Landes-Personalvertretungsgesetz
und 
(Oö.
Dienstrechtsänderungsgesetz  2000)  ref  :  LGBl.  Nr  24/2001,  20  Stück,  30/03/2001,
seite 75; SG(2001)A/5408 du 10/05/2001

das  Oö.  Nebengebührenzulagengesetz 

geändert  werden 

NÖ Gemeindebeamtendienstrordnung 1976 (GBDO 1976) ref : LGBl. für das Land
Niederösterreich 2400-37; SG(2001)A/6064 du 29/05/2001

Dienstpragmatik  der  Landesbeamten  1972  (DPL  1972)  ref  :  LGBl.  für  das  Land
Niederösterreich 2200-51; SG(2001)A/6063 du 29/05/2001

Gesetz  mit  dem  die  Kärntner  Landarbeitsordnung  1995  geändert  wird  LGBI.  nr.
79/2001 ref: LGBI. für Kärnten 23/11/1995, 43. Stück, seite 335; SG(2001) A/12755
du 22/11/2001

das 

Familienlastenausgleichsgesetz 

Bundesgesetz vom 7.8.2001, mit dem ein Kinderbetreuungsgeldgesetz erlassen wird
sowie 
Allgemeine
Sozialversicherungsgesetz, das Gewerbliche Sozialversicherungsgesetz, das Bauern-
Sozialversicherungsgesetz,  das  Beamten-Kranken-  und  Unfallversicherungsgesetz,
das Mutterschutzgesetz 1979, das Eltern-Karenzurlaubsgesetz, das Landarbeitsgesetz
1984,  das  Karenzgeldgesetz,  das  Arbeitslosenversicherungsgesetz  1977,  das
Arbeitsmarktpolitik-Finanzierungsgesetz,  das  Überbrückungshilfengesetz,  das
geändert  werden,
Karenzurlaubsgeldgesetz 
Bundesgesetzblatt Teil I Nr. 103 (BGBl I 2001/103)

die  Exekutionsordnung 

1987, 

und 

das 

Bundesgesetz,  mit  dem  Karenz  für  Väter  geschaffen  wird  (Väter-Karenzgesetz  -
VKG),  BGBl  1989/651  idF  BGBl  1990/299,  1990/408,  1990/450,  1991/277,
1992/315,  1992/833,  1994/665,  1995/434,  I  1997/61,  I  1998/70,  I  1998/123,  I
1999/153,  I  2000/6  und  I  2001/103  [bis  7.8.2001:  „Eltern-Karenzurlaubsgesetz
(EKUG)“]

44

17.

18.

19.

20.

22.

23.

24.

25.

26.

27.

28.

29.

30.

Familienlastenausgleichsgesetz (FLAG): Bundesgesetz vom 24. 10. 1967, BGBl. Nr.
376,  betreffend  den  Familienlastenausgleich,  zuletzt  geändert  durch  BGBl  I
2001/103

Verordnung der Bundesministerin für Gesundheit und  Konsumentenschutz  über  die
Festlegung eines Mutter-Kind-Paß-Untersuchungsprogrammes, die Voraussetzungen
zur  Erlangung  des  Mutter-Kind-Paß-Bonusses  sowie  über  den  Mutter-Kind-Paß
(Mutter-Kind-Paß-Verordnung  –  MuKiPaßV),  BGBl  II  1997/24  (in  Force  until
31.12.2001)

Allgemeines Sozialversicherungsgesetz (ASVG) BGBl 1955, zuletzt geändert durch
BGBl I 2001/99 und 2001/103

Arbeitlsosenversicherungsgesetz  1977  (AlVG),  BGBl  1994/315,  zuletzt  geändert
durch BGBl 2001/47 und BGBl 2001/103

Heimarbeitsgesetz  1960,  BGBl  1961/105 
Hausangestelltengesetz, BGBl 1962/235 idgF

idgF  21. 

-  Hausgehilfen-  and

Bundes-Verfassungsgesetz  (B-VG),  Gesetz  vom  1.  Oktober  1920,  womit  die
Republik  Österreich  als  Bundesstaat  eingerichtet  wird  (Bundes-Verfassungsgesetz),
Staatsgesetzblatt Nr. 450, in der geltenden Fassung

Bundesgesetz  über  vom  31.  Mai  1967,  BGBl.  Nr.  200,  über  die  Kranken-  und
Unfallversicherung öffentlich Bediensteter (BKUVG) idF BGBl I 2001/102

Bundesgesetz über das Karenzgeld (Karenzgeldgesetz – KGG), BGBl I 1997/47 idF
BGBl I 1997/139, I 1998/6, I 1998/30, I 1998/148, I 2000/142 und BGBl I 2001/103

Bundesgesetz vom 27. Juni 1974, BGBl. Nr. 395, über Geldleistungen an öffentlich
Bedienstete  während  des  Karenzurlaubes  aus  Anlass  der  Mutterschaft,  zuletzt
geändert durch BGBl I 2001/103

Vertragsbedienstetengesetz  1948,  BGBl  1948/86,  zuletzt  geändert  durch  BGBl  I
2000/94

Beamten-Dienstrechtsgesetz  1979,  BGBl  1979/333,  zuletzt  geändert  durch  BGBl  I
2000/94

Angestelltengesetz  1921,  BGBl  1921/292  idgF,  zuletzt  geändert  durch  BGBl  I
2000/44

Bundesgesetz vom 7. Juli 1976 betreffend die Vereinheitlichung des Urlaubsrechtes
und  die  Einführung  einer  Pflegefreistellung  (Urlaubsgesetz  1976),  BGBl  1976/390,
zuletzt geändert durch BGBl I 2001/7

45

Länder (public sector)

Burgenland

1.

2.

3.

Gesetz  vom  20.  November  1997  über  das  Dienstrecht  der  Landesbeamten
(Burgenländisches  Landesbeamten-Dienstrechtsgesetz  1997),  LGBl  Bgld  1998/17
idF LGBl Bgld 2000/38

Gesetz  vom  1.  Oktober  1985  über  das  Dienstrecht  der  Vertragsbediensteten  des
Landes  (Landesvertragsbedienstetengesetz  1985),  LGBl  Bgld  1985/49  idF  LGBl
Bgld 2000/39

Gesetz  vom  20.  Dezember  1971  über  das  Dienstrecht  der  Beamten  und
Vertragsbediensteten der Gmeinden (Gemeindebedienstetengesetz 1971), LBGl Bgld
1971/13 idF LGBl Bgld 1996/54

Kärnten (Carinthia)

1.

2.

3.

Gesetz  vom  7.  November  1991  über  den  Mutterschutz  und  den  Karenzurlaub  (K-
MUG), LGBl Ktn 1992/9 idF LGBl Ktn 1997/73

Gemeindebedienstetengesetz,  Wiederverlautbarung  LGBl  Ktn  1992/56  idF  LGBl
Ktn 1998/76

Stadtbeamtengesetz  1993,  LGBl  Ktn  1993/115,  zuletzt  geändert  durch  LGBl  Ktn
LGBl 1998/71

Niederösterreich (Lower Austria)

1.

2.

3.

NÖ  Mutterschutz-Landesgesetz,  Wiederverlautbarung  vom  18.  Dezember  1975,
LGBl NÖ 2039-0, zuletzt geändert durch LGBl NÖ 2039-6

NÖ Eltern-Karenzurlaubsgesetz (NÖ EKUG), LGBl NÖ 2050 idF LGBl NÖ 2050-1

Gesetz vom 15. Mai 1975 über die Gewährung eines Karenzurlaubsgeldes aus Anlaß
der Mutterschaft (NÖ Karenzurlaubsgeldgesetz 1975), LGBl NÖ 2040 idF LGBl NÖ
2040-8

Oberösterreich (Upper Austria)

1.

2.

3.

Landesgesetz vom 4. November 1993 über den Mutterschutz der in einem öffentlich-
rechtlichen Dienstverhältnis zum Land Oberösterreich stehenden Dienstnehmerinnen
(OÖ Mutterschutzgesetz – OÖ MSchG), LGBl OÖ 1993/122

Landesgesetz  vom  4.  November  1993  über  die  Regelung  des  Eltern-Karenzurlaubs
(OÖ Eltern-Karenzurlaubsgesetz – OÖ EKUG), LGBl OÖ 1993/123

Landesgesetz  vom  4.  November  1993  über  die  Ansprüche  der  Geldleistungen  aus
Anlaß  der  Mutterschaft  (OÖ  Karenzurlaubsgeldgesetz  –  OÖ  KUG),  LGBl  OÖ
1993/68

46

Salzburg

1.

2.

3.

4.

5.

Salzburger  Landesbeamtengesetz  1986,  Wiederverlautbarung  vom  15.  Dezember
1986, LGBl Sbg 1987/1, zuletzt geändert durch LGBl Sbg 2000/3 und 2001/17

Salzburger Landesvertragsbedienstetengesetz 2000, LGBl Sbg 2000/4 idF LGBl Sbg
2001/17

Salzburger  Gemeindebeamtengesetz  1968,  Wiederverlautbarung  vom  12.  Februar
1968, LGBl Sbg 1968/27, zuletzt geändert durch die Novelle LGBl Sbg 2000/7

Salzburger Gemeindevertragsbedienstetengesetz 1968, Wiederverlautbarung vom 14.
März 1968, LGBl Sbg Nr 31, zuletzt geändert durch die Novelle LGBl Sbg 2000/7

Salzburger  Magistratsbeamtengesetz  1981,  Wiederverlautbarung  vom  6.  Mai  1981,
LGBl Sbg 1981/42, zuletzt geändert durch die Novelle LGBl Sbg 2000/7

Steiermark (Styria)

1.

2.

3.

4.

5.

6.

7.

8.

Gesetz vom 3. Juli 1974 über das Dienstrecht der Landesbeamten (Steiermärkisches
Landesbeamtengesetz),  LGBl  Stmk  1974/124,  zuletzt  geändert  durch  die  Novelle
LGBl Stmk 2000/40

Gesetz vom 24. September 1996, mit dem das Steiermärkische Landesbeamtengesetz
geändert wird (4. Landesbeamtengesetz-Novelle 1996), LGBl Stmk 1997/2 idF LGBl
Stmk 1998/44

Gesetz  vom  3.  Juli  1974  über  das  Dienstrecht  der  Landesvertragsbediensteten
(Steiermärkisches Landesvertragsbedienstetengeetz), LGBl Stmk 1974/125 idF LGBl
Stmk 2000/40

Gesetz  vom  23.  Mai  1957  über  den  Mutterschutz  von  Dienstnehmerinnen  der
steirischen  Gemeinden,  auf  die  das  Mutterschutzgesetz,  BGBl  1957/76,  keine
Anwendung  findet,  LGBl  Stmk  1957/42,  zuletzt  geändert  durch  die  Novelle  LGBl
Stmk 1975/65

Gesetz vom 4. Februar 1957 betreffend die Dienstordnung der öffentlich-rechtlichen
Bediensteten  der  steirischen  Gemeinden  mit  Ausnahme  der  Städte  mit  eigenem
Statut  (Gemeindebedienstetengesetz  1957),  LGBl  Stmk  1957/34,  zuletzt  geändert
durch die Novelle LGBl Stmk 2000/1

Steiermärkisches  Gemeinde-Vertragsbedienstetengesetz  1962,  Wiederverlautbarung
vom 24. September 1962, LGBl Stmk 1962/160, zuletzt geändert durch die Novelle
LGBl Stmk 1995/15

Dienst-  und  Gehaltsordnung  der  Beamten  der  Landeshauptstadt  Graz  1956,  LGBl
Stmk 1957/30, zuletzt geändert durch die Novelle LGBl Stmk 1996/46

Gesetz  vom  5.  März  1974  über  das  Dienst-  und  Gehaltsrecht  der
Vertragsbediensteten 
(Grazer
Gemeindevertragsbedienstetengesetz),  LGBl  Stmk  1974/30,  zuletzt  geändert  durch
die Novelle LGBl Stmk 1995/14

Landeshauptstadt 

Graz 

der 

47

Tirol

1.

2.

3.

4.

Tiroler  Mutterschutzgesetz  1998,  Wiederverlautbarung  vom  29.9.1998,  LGBl  Tir
1998/86 idF LGBl Tir 2000/43

Tiroler Elternkarenzurlaubsgesetz, Wiederverlautbarung LGBl Tir 1998/87 idF LGBl
Tir 2000/46

Tiroler  Karenzurlaubsgeldgesetz  1998,  Wiederverlautbarung  vom  29.9.1998,  LGBl
Tir 1998/88 idF LGBl Tir 2000/47

Tiroler Gemeindebeamten-Kranken- und Unfallfürsorgegesetz 1998 (GKUFG 1998),
Wiederverlautbarung vom 27.10.1998, LGBl Tir 1998/98 idF LGBl Tir 1999/42

Vorarlberg

1.

Gesetz über das Dienstrecht der Landesbediensteten (Landesbedienstetengesetz 2000
– LBedG 2000), LGBl Vbg 2000/50 idF LGBl 2001/15

Wien (Vienna)

1.

2.

3.

4.

Gesetz  über  das  Dienstrecht  der  Beamten  der  Bundeshauptstadt  Wien
(Dienstordnung 1994 – DO 1994), LGBl W 1994/56 idF LGBl W 2000/51

Gesetz  über  das  Besoldungsrecht  der  Beamten  der  Bundeshauptstadt  Wien
(Besoldungsordnung 1994 – BO 1994), LGBl W 1994/55 idF LGBl W 2000/51

Gesetz  über  das  Dienstrecht  der  Vertragsbediensteten  der  Gemeinde  Wien
(Vertragsbedienstetenordnung  1995  –  VBO  1995),  LGBl  W  1995/50idF  LGBl  W
2000/51

Wiener Karenzurlaubszuschußgesetz, LGBl W 1998/19

Agricultural Sector

1.

2.

Landarbeitsgesetz,  BGBl  1984/287,  Wiederverlautbarung  vom  9.7.1984,  zuletzt
geändert  durch  BGBl  I  2000/40  und  I  2001/103  (Grundsatzgesetzgebung  des
Bundes)

Landarbeitsordnungen der Länder o.A.

Portugal:

1.

2.

3.

Lei n.° 4/84 de 05/04/1984. Protecção da maternidade e da paternidade ref : Diário
da República I Série n.° 81 de 05/04/1984 Página 1149

Lei  n.°  17/95  de  09/06/1995.  Altera  a  Lei  n.°  4/84,  de  5  de  Abril  (protecção  da
maternidade  e  da  paternidade  ref  :  Diário  da  República  I  Série  A  n.°  134  de
09/06/1995 Página 3754

Lei n.° 18/98 de 28/04/1998. Alargamento da protecção à maternidade e paternidade
(altera a Lei n.° 4/84, de 5 dz abril, alterada pela Lei n.° 17/95, de 9 de Junho) ref :
Diário da República I Série A n.° 98 de 28/04/1998 Página 1888

48

4.

5.

6.

7.

8.

9.

Decreto-lei  n.°  136/85  de  03/05/1985.  Regulamenta  a  Lei  n°  4/84,  de  5  de  Abril
(protecção da maternidade e da paternidade) ref : Diário da República I Série n.° 101
de 03/05/1985 Página 1161

Decreto-lei  n.°  64-A/89  de  27/02/1989.  Aprova  o  regime  jurídico  da  cessação  do
contrato  individual  de  trabalho,  incluindo  às  condições  de  celebração  e  caducidade
do  contrato  de  trabalho  a  termo),  ref  :  Diário  da  República  I  Série  A  n.°  48  (2°
Suplemento) de 27/02/1989 Página 862-(4)

Decreto-lei  n.°  272/81  de  30/09/1981,  Diário  da  República  I  Série  n.°  225  de
30/09/1981 Página 2614-(2)

Decreto-lei n.° 874/76 de 28/12/1976. Define  o regime  jurídico de ferias feriados e
faltas ref : Diário da República I Série n.° 300 Página 2856

Nota  n°  25/98  do  Ministério  do  Trabalho  e  da  Solidariedade.  Identificação  das
disposições  da  legislação  nacional  que  dão  cumplimento  à  Directiva  96/34/CE,  do
Conselho relativa à licença parental

Decreto-lei  n.°  333/95  de  23/12/1995,  Diário  da  República  I  Série  A  n.°  295  de
23/12/1995 Página 8074

10.

Maternity  and  Paternity  Law  (latest  version)  -  Decre-Law  230/2000,  from  the  23
September

Finland:

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

Työsopimuslaki/Lag om arbetsavtal (320/70) 30/04/1970

Merimieslaki/Sjömanslag (423/78) 07/06/1978

Sairausvakuutuslaki/Sjukförsäkringslag (364/63) 04/07/1963

Vuosilomalaki/Semesterlag (272/73)

Merimiesten vuosilomalaki/Semesterlag för sjömän (433/84) 01/06/1984

Asetus  valtion  virkamiesten  vuosilomasta/Förordning  om  semester  för  statens
tjänstemän (692/92)

Laki  kunnallisen  viranhaltijan  palvelussuhdeturvasta/Lag  om  kommunala
tjänsteinnehavares anställningstrygghet (484/96) 28/06/1996

Valtion virkamieslaki/Statstjänstemannalag (750/93) 19/08/1994

Valtion yleinen virkaehtosopimus (tarkentava virkaehtosopimus 19/05/1998)

Kunnallinen yleinen virka- ja työehtosopimus

Laki  merimieslain  muuttamisesta/Lag  om  ändring  av  sjömanslagen  (26/99)
22/01/1999

Kunnallinen 
perhevapaista 1998.

virkaehtosopimus 

(uudistetut 

virkaehtosopimusmääräykset

49

13.

Kirkon virka- ja työehtosopimukset (uudistetut määräykset perhevapaista 1998)

Sweden:

1.

2.

3.

Förärldraledighetslag, Svensk författningssamling (SFS) 1995:584

Lag om allmän försäkring, Svensk författningssamling (SFS) 1962 :381

Lag om ersättning och ledighet för närståendevård, Svensk författningssamling (SFS)
1988 :1465

United Kingdom:

Amendment  N°  1  Regulations  2001  to  Maternity  and  Parental  Leave  Amendment  N°  2
Regulations (Northern Ireland) 2002 of 5 April 2002 to Maternity and Parental Leave.

50

Official Journal L 145 , 19/06/1996 p. 0004 - 0009

ANNEX II

COUNCIL DIRECTIVE 96/34/EC of 3 June 1996 on the framework agreement on parental
leave concluded by UNICE, CEEP and the ETUC

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Agreement on social policy, annexed to the Protocol (No 14) on social
policy,  annexed  to  the  Treaty  establishing  the  European  Community,  and  in  particular
Article 4 (2) thereof,

Having regard to the proposal from the Commission,

(1)  Whereas  on  the  basis  of  the  Protocol  on  social  policy,  the  Member  States,  with  the
exception of the United Kingdom of Great Britain and Northern Ireland, (hereinafter referred
to  as  'the  Member  States`),  wishing  to  pursue  the  course  mapped  out  by  the  1989  Social
Charter have concluded an Agreement on social policy amongst themselves;

(2) Whereas management and labour may, in accordance with Article 4 (2) of the Agreement
on  social  policy,  request  jointly  that  agreements  at  Community  level  be  implemented  by  a
Council decision on a proposal from the Commission;

(3)  Whereas  paragraph  16  of  the  Community  Charter  of  the  Fundamental  Social  Rights  of
Workers  on  equal  treatment  for  men  and  women  provides,  inter  alia,  that  'measures  should
also  be  developed  enabling  men  and  women  to  reconcile  their  occupational  and  family
obligations;

(4) Whereas the Council, despite the existence of a broad consensus, has not been able to act
on the proposal for a Directive on parental leave for family reasons (1), as amended (2) on 15
November 1984;

(5)  Whereas  the  Commission,  in  accordance  with  Article  3  (2)  of  the  Agreement  on  social
policy, consulted management and labour on the possible direction of Community action with
regard to reconciling working and family life;

(6) Whereas the Commission, considering after such consultation that Community action was
desirable,  once  again  consulted  management  and  labour  on  the  substance  of  the  envisaged
proposal in accordance with Article 3 (3) of the said Agreement;

(7)  Whereas  the  general  cross-industry  organisations  (UNICE,  CEEP  and  the  ETUC)
informed  the  Commission  in  their  joint  letter  of  5  July  1995  of  their  desire  to  initiate  the
procedure provided for by Article 4 of the said Agreement;

(8)  Whereas  the  said  cross-industry  organisations  concluded,  on  14  December  1995,  a
framework  agreement  on  parental  leave;  whereas  they  have  forwarded  to  the  Commission
their  joint  request  to  implement  this  framework  agreement  by  a  Council  Decision  on  a
proposal from the Commission in accordance with Article 4 (2) of the said Agreement;

51

(9)  Whereas  the  Council,  in  its  Resolution  of  6  December  1994  on  certain  aspects  for  a
European  Union  social  policy;  a  contribution  to  economic  and  social  convergence  in  the
Union  (3),  asked  the  two  sides  of  industry  to  make  use  of  the  possibilities  for  concluding
agreements, since they are as a rule closer to social reality and to social problems; whereas in
Madrid,  the  members  of  the  European  Council  from  those  States  which  have  signed  the
Agreement on social policy welcomed the conclusion of this framework agreement;

(10)  Whereas  the  signatory  parties  wanted  to  conclude  a  framework  agreement  setting  out
minimum requirements on parental leave and time off from work on grounds of force majeure
and referring back to the Member States and/or management and labour for the definition of
the conditions under which parental leave would be implemented, in order to take account of
the  situation,  including  the  situation  with  regard  to  family  policy,  existing  in  each  Member
State,  particularly  as  regards  the  conditions  for  granting  parental  leave  and  exercise  of  the
right to parental leave;

(11)  Whereas  the  proper  instrument  for  implementing  this  framework  agreement  is  a
Directive within the meaning of Article 189 of the Treaty; whereas it is therefore binding on
the  Member  States  as  to  the  result  to  be  achieved,  but  leaves  them  the  choice  of  form  and
methods;

(12) Whereas, in keeping with the principle of subsidiarity and the principle of proportionality
as set out  in Article 3b  of the Treaty, the  objectives  of  this  Directive  cannot  be  sufficiently
achieved  by  the  Member  States  and  can  therefore  be  better  achieved  by  the  Community;
whereas this  Directive is  confined  to  the minimum  required to  achieve  these  objectives  and
does not go beyond what is necessary to achieve that purpose;

(13) Whereas the Commission has drafted its proposal for a Directive, taking into account the
representative status of the signatory parties, their mandate and the legality of the clauses of
the framework agreement and compliance with the relevant provisions concerning small and
medium-sized undertakings;

(14) Whereas the Commission, in accordance with its Communication of 14 December 1993
concerning  the  implementation  of  the  Protocol  on  social  policy,  informed  the  European
Parliament by  sending it  the text  of the  framework  agreement, accompanied by its  proposal
for a Directive and the explanatory memorandum;

(15) Whereas the Commission also informed the Economic and Social Committee by sending
it the text of the framework agreement, accompanied by its proposal for a Directive and the
explanatory memorandum;

(16) Whereas clause 4 point 2 of the framework agreement states that the implementation of
the  provisions  of  this  agreement  does  not  constitute  valid  grounds  for  reducing  the  general
level of protection afforded to workers in the field of this agreement. This does not prejudice
the  right  of  Member  States  and/or  management  and  labour  to  develop  different  legislative,
regulatory  or  contractual  provisions,  in  the  light  of  changing  circumstances  (including  the
introduction of non-transferability), as long as the minimum requirements provided for in the
present agreement are complied with;

(17)  Whereas  the  Community  Charter  of  the  Fundamental  Social  Rights  of  Workers
recognises the importance of the fight against all forms of discrimination, especially based on
sex, colour, race, opinions and creeds;

52

(18)  Whereas  Article  F  (2)  of  the  Treaty  on  European  Union  provides  that  'the  Union  shall
respect fundamental rights, as  guaranteed by the European Convention for  the Protection of
Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they
result from the constitutional traditions common to the Member States, as general principles
of Community law';

(19) Whereas the Member States  can  entrust  management  and  labour,  at  their  joint  request,
with  the  implementation  of  this  Directive,  as  long  as  they  take  all  the  necessary  steps  to
ensure that they can at all times guarantee the results imposed by this Directive;

(20)  Whereas  the  implementation  of  the  framework  agreement  contributes  to  achieving  the
objectives under Article 1 of the Agreement on social policy,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Implementation of the framework agreement

The  purpose  of  this  Directive  is  to  put  into  effect  the  annexed  framework  agreement  on
parental  leave  concluded  on  14  December  1995  between  the  general  cross-industry
organisations (Unice, CEEP and the ETUC)

Article 2

Final provisions

1.  The  Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative
provisions necessary to comply with this Directive by 3 June 1998 at the latest or shall ensure
by that date at the latest that management and labour have introduced the necessary measures
by agreement, the Member States being required to take any necessary measure enabling them
at any time to be in a position to guarantee the results imposed by this Directive. They shall
forthwith inform the Commission thereof.

2. The Member States may have a maximum additional period of one year, if this is necessary
to take account of special difficulties or implementation by a collective agreement. They must
forthwith inform the Commission of such circumstances.

3. When Member  States  adopt  the measures referred to in paragraph 1,  they shall  contain  a
reference  to  this  Directive  or  be  accompanied  by  such  reference  on  the  occasion  of  their
official  publication.  The  methods  of  making  such  reference  shall  be  laid  down  by  Member
States.

Article 3

This Directive is addressed to the Member States.

Done at Luxembourg, 3 June 1996.

For the Council
The President
T. TREU

53

ANNEX III

FRAMEWORK AGREEMENT ON PARENTAL LEAVE

PREAMBLE

The enclosed framework agreement represents an undertaking by Unice, CEEP and the ETUC
to  set  out  minimum  requirements  on  parental  leave  and  time  off  from  work  on  grounds  of
force  majeure,  as  an  important  means  of  reconciling  work  and  family  life  and  promoting
equal opportunities and treatment between men and women.

ETUC, Unice and CEEP request the Commission to submit this framework agreement to the
Council for a Council Decision making these minimum requirements binding in the Member
States  of  the  European  Community,  with  the  exception  of  the  United  Kingdom  of  Great
Britain and Northern Ireland.

I.

1.

2.

3.

4.

5.

6.

7.

8.

GENERAL CONSIDERATIONS

Having  regard to the Agreement on social policy  annexed to the Protocol on social
policy,  annexed  to  the  Treaty  establishing  the  European  Community,  and  in
particular Articles 3 (4) and 4 (2) thereof;

Whereas  Article  4  (2)  of  the  Agreement  on  social  policy  provides  that  agreements
concluded  at  Community  level  shall  be  implemented,  at  the  joint  request  of  the
signatory parties, by a Council decision on a proposal from the Commission;

Whereas  the  Commission  has  announced  its  intention  to  propose  a  Community
measure on the reconciliation of work and family life;

Whereas the Community Charter of Fundamental Social Rights stipulates at point 16
dealing  with equal treatment that measures should be developed to enable men  and
women to reconcile their occupational and family obligations;

Whereas  the  Council  Resolution  of  6  December  1994  recognises  that  an  effective
policy of equal opportunities presupposes an integrated overall strategy allowing for
better organisation of working hours and greater flexibility, and for an easier return
to working life, and notes the important role of the two sides of industry in this area
and  in  offering  both  men  and  women  an  opportunity  to  reconcile  their  work
responsibilities with family obligations;

Whereas  measures  to  reconcile  work  and  family  life  should  encourage  the
introduction  of  new  flexible  ways  of  organising  work  and  time  which  are  better
suited  to  the  changing  needs  of  society  and  which  should  take  the  needs  of  both
undertakings and workers into account;

Whereas family policy should be looked  at in the context  of demographic  changes,
the  effects  of  the  ageing  population,  closing  the  generation  gap  and  promoting
women's participation in the labour force;

Whereas  men  should  be  encouraged  to  assume  an  equal  share  of  family
responsibilities,  for  example  they  should  be  encouraged  to  take  parental  leave  by
means such as awareness programmes;

54

9.

10.

11.

12.

13.

Whereas  the  present  agreement  is  a  framework  agreement  setting  out  minimum
requirements and provisions for parental leave, distinct from maternity leave, and for
time off from work on grounds of force majeure, and refers back to Member States
and  social  partners  for  the  establishment  of  the  conditions  of  access  and  detailed
rules of application in order to take account of the situation in each Member State;

Whereas  Member  States  should  provide  for  the  maintenance  of  entitlements  to
benefits  in  kind  under  sickness  insurance  during  the  minimum  period  of  parental
leave;

Whereas  Member  States  should  also,  where  appropriate  under  national  conditions
and  taking  into  account  the  budgetary  situation,  consider  the  maintenance  of
entitlements  to  relevant  social  security  benefits  as  they  stand  during  the  minimum
period of parental leave;

Whereas  this  agreement  takes  into  consideration  the  need  to  improve  social  policy
requirements,  to  enhance  the  competitiveness  of  the  Community  economy  and  to
avoid imposing administrative, financial and legal constraints in a way which would
impede the creation and development of small and medium-sized undertakings;

Whereas management and labour are best placed to find solutions that correspond to
the needs of both employers and workers and must therefore have conferred on them
a special role in the implementation and application of the present agreement,

THE SIGNATORY PARTIES HAVE AGREED THE FOLLOWING:

II.

CONTENT

Clause 1: Purpose and scope

1.

2.

This  agreement  lays  down  minimum  requirements  designed  to  facilitate  the
reconciliation of parental and professional responsibilities for working parents.

This  agreement  applies  to  all  workers,  men  and  women,  who  have  an  employment
contract or employment relationship as defined by the law, collective agreements or
practices in force in each Member State.

Clause 2: Parental leave

1.

2.

3.

This agreement grants, subject to clause 2.2, men and women workers an individual
right  to  parental  leave  on  the  grounds  of  the  birth  or  adoption  of  a  child  to  enable
them  to  take  care  of  that  child,  for  at  least  three  months,  until  a  given  age  up  to  8
years to be defined by Member States and/or management and labour.

To  promote  equal  opportunities  and  equal  treatment  between  men  and  women,  the
parties to this agreement consider that the right to parental leave provided for under
clause 2.1 should, in principle, be granted on a non-transferable basis.

The  conditions  of  access  and  detailed  rules  for  applying  parental  leave  shall  be
defined  by  law  and/or  collective  agreement  in  the  Member  States,  as  long  as  the
minimum  requirements  of  this  agreement  are  respected.  Member  States  and/or
management and labour may, in particular:

55

(a)

decide whether parental leave is granted on a full-time or part-time basis, in a
piecemeal way or in the form of a time-credit system;

(b) make  entitlement  to  parental  leave  subject  to  a  period  of  work  qualification
and/or a length of service qualification which shall not exceed one year;

(c)

(d)

(e)

adjust conditions of access and detailed rules for applying parental leave to the
special circumstances of adoption;

establish  notice  periods  to  be  given  by  the  worker  to  the  employer  when
exercising the right to parental leave, specifying the beginning and the end of
the period of leave;

define  the  circumstances  in  which  an  employer,  following  consultation  in
accordance  with national  law,  collective agreements and  practices,  is  allowed
to postpone the granting of parental leave for justifiable reasons related to the
operation of the undertaking (e.g. where work is of a seasonal nature, where a
replacement  cannot  be  found  within  the  notice  period,  where  a  significant
proportion of the workforce applies for parental leave at the same time, where a
specific  function  is  of  strategic  importance).  Any  problem  arising  from  the
application of this provision should be dealt with  in accordance  with national
law, collective agreements and practices;

(f)

in  addition  to  (e),  authorise  special  arrangements  to  meet  the  operational  and
organisational requirements of small undertakings.

In  order  to  ensure  that  workers  can  exercise  their  right  to  parental  leave,  Member
States  and/or  management  and  labour  shall  take  the  necessary  measures  to  protect
workers  against  dismissal  on  the  grounds  of  an  application  for,  or  the  taking  of,
parental leave in accordance with national law, collective agreements or practices.

At the end of parental leave, workers 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.

Rights  acquired  or  in  the  process  of  being  acquired  by  the  worker  on  the  date  on
which parental leave starts shall be maintained as they stand until the end of parental
leave. At the end of parental leave, these rights, including any changes arising from
national law, collective agreements or practice, shall apply.

Member  States  and/or  management  and  labour  shall  define  the  status  of  the
employment contract or employment relationship for the period of parental leave.

All  matters  relating  to  social  security  in  relation  to  this  agreement  are  for
consideration and determination by Member States according to national law, taking
into  account  the  importance  of  the  continuity  of  the  entitlements  to  social  security
cover under the different schemes, in particular health care.

4.

5.

6.

7.

8.

56

Clause 3: Time off from work on grounds of force majeure

1.

2.

Member States and/or management and labour shall take the necessary measures to
entitle  workers  to  time  off  from  work,  in  accordance  with  national  legislation,
collective agreements and/or practice, on grounds of force majeure for urgent family
reasons  in  cases  of  sickness  or  accident  making  the  immediate  presence  of  the
worker indispensable.

Member States and/or management and labour may specify the conditions of access
and  detailed  rules  for  applying  clause  3.1  and  limit  this  entitlement  to  a  certain
amount of time per year and/or per case.

Clause 4: Final provisions

1.

2.

3.

4.

5.

6.

Member States may apply or introduce more favourable provisions that those set out
in this agreement.

Implementation of the provisions of this agreement shall not constitute valid grounds
for reducing the general level of protection afforded to workers in the field covered
by  this  agreement.  This  shall  not  prejudice  the  right  of  Member  States  and/or
management  and  labour  to  develop  different  legislative,  regulatory  or  contractual
provisions, in the light of changing circumstances (including the introduction of non-
transferability),  as  long  as  the  minimum  requirements  provided  for  in  the  present
agreement are complied with.

The  present  agreement  shall  not  prejudice  the  right  of  management  and  labour  to
conclude,  at  the  appropriate  level  including  European  level,  agreements  adapting
and/or complementing the provisions of this agreement in order to take into account
particular circumstances.

Member  States  shall  adopt  the  laws,  regulations  and  administrative  provisions
necessary to comply with the Council decision within a period of two years from its
adoption  or  shall  ensure  that  management  and  labour13  introduce  the  necessary
measures  by  way  of  agreement  by  the  end  of  this  period.  Member  States  may,  if
necessary  to  take  account  of  particular  difficulties  or  implementation  by  collective
agreement,  have  up  to  a  maximum  of  one  additional  year  to  comply  with  this
decision.

The  prevention  and  settlement  of  disputes  and  grievances  arising  from  the
application  of  this  agreement  shall  be  dealt  with  in  accordance  with  national  law,
collective agreements and practices.

Without prejudice to the respective role of the Commission, national courts and the
Court  of  Justice,  any  matter  relating  to  the  interpretation  of  this  agreement  at
European  level  should,  in  the  first  instance,  be  referred  by  the  Commission  to  the
signatory parties who will give an opinion.

13

Within the meaning of Article 2(4) of the Agreement on social policy

57

                                                
7.

The signatory parties shall review the  application of this agreement five  years after
the date of the Council decision if requested by one of the parties to this agreement.

Done at Brussels, 14 December 1995.

Fritz VERZETNITSCH,
President of the ETUC
Emilio GABAGLIO,
Secretary-General
ETUC
Bld Emile Jacqmain 155
B-1210 Brussels

Antonio Castellano AUYANET,
President of the CEEP
Roger GOURVÈS,
Secretary-General
CEEP
Rue de la Charité 15
B-1040 Brussels

François PERIGOT
President of the Unice
Zygmunt TYSZKIEWICZ,
Secretary-General
UNICE
Rue Joseph II 40
B-1040 Brussels

58