Commission staff working document accompanying the proposal for a directive of the European Parliament and of the Council amending Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding - Impact Assessment Report {COM(2008)637} {SEC(2008)2595}
Date: 2008-10-03
Institutions: European Commission
Subjects: care of mothers and infants, female work, humanisation of work, job security, motherhood, occupational safety

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 3.10.2008 
SEC(2008) 2596 

COMMISSION STAFF WORKING DOCUMENT 

accompanying the 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Directive 92/85/EEC on the introduction of measures to encourage 
improvements in the safety and health at work of pregnant workers and workers who 
have recently given birth or are breastfeeding 

Impact Assessment Report 

{COM(2008)637} 
{SEC(2008)2595} 

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Disclaimer: This impact assessment report commits only the Commission's departments 
involved  in  its  preparation;  it  has  been  prepared  as  a  basis  for  comment  and  does  not 
prejudge the final form of any decision to be taken by the Commission. 

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TABLE OF CONTENTS 

1. 

2. 

Executive Summary ..................................................................................................... 5 

Introduction .................................................................................................................. 7 

2.1. 

Background and institutional context........................................................................... 8 

3. 

3.1. 

3.2. 

3.3. 

3.4. 

3.5. 

4. 

4.1. 

4.2. 

Consultations................................................................................................................ 9 

Consultation of social partners................................................................................... 10 

Consultation of the Member States and the Advisory Committee............................. 10 

Consultation of European non-governmental organisations (NGOs) ........................ 10 

External and other expertise....................................................................................... 11 

Amendments to the impact assessment following the opinion of the Impact 
Assessment Board ...................................................................................................... 11 

Problem definition...................................................................................................... 12 

An overview of the problem ...................................................................................... 12 

Factors influencing female employment rates ........................................................... 13 

4.2.1.  The impact of family responsibilities on labour market participation and on careers13 

4.2.2.  Provision of care facilities.......................................................................................... 16 

4.3. 

4.4. 

5. 

5.1. 

5.2. 

6. 

7. 

7.1. 

7.2. 

Labour market discrimination against parents of small children ............................... 17 

Gender gap in the use of parental leave ..................................................................... 18 

Description of existing EU legislative instruments and the situation in the Member 
States .......................................................................................................................... 19 

Description of different legal and policy approaches in the Member States ............. 20 

Likely developments in the absence of new EU action ............................................. 23 

Objectives................................................................................................................... 26 

Policy options............................................................................................................. 26 

No action at all, non-binding measures, binding measures........................................ 26 

Preliminary screening of options other than no new EU action................................. 27 

7.2.1.  Legally non-binding measures ................................................................................... 27 

7.2.2.  Legally binding measures .......................................................................................... 28 

8. 

8.1. 

8.2. 

Impact analysis........................................................................................................... 29 

Impact of no new action at EU level (Option 1) ........................................................ 29 

Impact of dissemination of best practices (Option 2) ................................................ 30 

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8.3. 

Impact of legislative measures (Option 3) ................................................................. 31 

8.3.1.  Amending maternity leave provisions (Option 3a).................................................... 31 

8.3.2.  Amending parental leave provisions (Option 3b) ...................................................... 36 

8.3.3. 

Introducing other forms of leave: adoption leave (Option 3c)................................... 41 

8.3.4. 

Introducing new forms of leave: paternity leave (Option 3d).................................... 42 

8.3.5. 

Introducing new forms of leave: 'filial leave' (option 3e) .......................................... 44 

8.4. 

Comparison of options and conclusions .................................................................... 46 

9. 

9.1. 

9.2. 

Monitoring and evaluation arrangements................................................................... 47 

Possible indicators and monitoring ............................................................................ 47 

Transposition.............................................................................................................. 48 

ANNEX I: Legal framework.................................................................................................... 49 

ANNEX II: Consultation of European Social Partners, Member States and NGOs................ 53 

ANNEX III: Table on legal provisions in Member States ....................................................... 64 

ANNEX IV: Statistical data ..................................................................................................... 73 

ANNEX V: Table on gross costs and benefits from improved leave schemes........................ 83 

ANNEX VI: Study on the costs and benefits of options to improve provisions for the 
reconciliation of work, private and family life......................................................................... 84 

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COMMISSION STAFF WORKING DOCUMENT 

Proposal for non-binding measures and for legislative action to promote better reconciliation 
of private, family and working life and to supplement the existing EU framework 

Extended Impact Assessment 

1. 

EXECUTIVE SUMMARY 

Executive summary:  

The  Commission  prepared  this  Impact  Assessment  on  the  basis  of  the  legislative  options 
designed to improve reconciliation which were outlined in the 2007 second-stage consultation 
of the European social partners1. In July 2008 the social partners confirmed their intention to 
engage  in  the  negotiation  procedure  under  Article  138  EC  on  the  basis  of  certain  of  the 
options. The Commission is limiting its current proposal to a reform of the existing Directive 
92/85/EEC  on  maternity  protection  and  leave,  since  the  social  partners  have  confirmed  that 
they  do  not  intend  to  cover  this  in  their  negotiations.  However  the  Impact  Assessment  is 
published in full since the option of amending the maternity leave provisions has to be seen in 
the broader context of family related leave provisions. 

Gender equality is one of the main objectives of the European Union to be achieved via all the 
Union’s  policies2,  and  the  Commission's  Roadmap  on  Equality  between  women  and  men3 
highlights the need for women and men to participate to an equal extent in the labour market. 
The  importance  of  policies  to  support  the  reconciliation  of  professional,  private  and  family 
life is now widely recognised4 – and has become an economic imperative as demographic and 
competitive pressures highlight the need to optimise labour market participation. Furthermore, 
there is a positive correlation between fertility rates and labour market participation: Member 
States with more women in employment are the countries where the fertility rates are higher. 

But in practice, it is mainly women who – for reasons of economic necessity rather than free 
choice - make use of reconciliation facilities like family-related leave, flexible working hours, 
part-time  work  and  so  on  in  order  to  balance  their  private  and  professional  lives.  As  a 
consequence  there  is  a  gap  in  women's  and  men's  participation  in  the  labour  market.  The 
employment rate of women falls when they have children while the opposite is true for men. 
In 2007, the employment rate of women between 25 and 49 with dependent children was 65% 
compared with 92% for men with dependent children. The gender pay gap is also caused to a 
certain  extent  by  reconciliation  problems  women  face:  they  have  disjointed,  slower  and 
shorter careers which are thus less financially rewarding. The fact that mainly women and not 
men  take  long  parental  leave  periods  perpetuates  gender-related  stereotypical  assumptions 
about women's domestic responsibilities and aptitudes for employment.  

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4 

http://ec.europa.eu/employment_social/social_dialogue/docs/reconciliation2_en.pdf 
Article 2 and 3(2) EC Treaty. 
COM (2006)92. 
COM(2008) 599 

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The current legal framework5 provides for a minimum entitlement of 14 weeks of maternity 
leave  paid  at  least  at  the  level  of  sick  leave,  and  for  a  three-month  unpaid  parental  leave 
entitlement for each parent. The duration and the exact conditions of adoption leave are not 
fixed in the current framework nor is the right to paternity leave and 'filial' leave (leave to care 
for dependent family members).  

The Commission consulted the European social partners in a two-stage process in 2006 and 
2007 as well as Member States and NGOs in 2007 and 2008 to obtain their view on possible 
legislative and non-legislative measures in the area of reconciliation. 

The  objectives  of  any  action  would  be  to  achieve  more  gender  equality  in  labour  market 
participation rates and a better reconciliation of professional, private and family lives. These 
main objectives would translate into boosting the employment rates of women with children, 
widening  the  scope  of  family-related  leave  and  making  it  more  worthwhile  as  well  as 
reducing the gender imbalance in doing so, providing financial support during family-related 
leave  and  reducing  discrimination.  A  number  of  possibilities  were  examined  and  then 
narrowed  down  to  the  following  options:  no  action  at  EU  level,  dissemination  of  good 
practice,  amending  the  maternity  leave  rules  (Directive  92/85EEC),  amending  the  parental 
leave  rules  (Directive  96/34/EC),  making  more  specific  provision  for  adoption  leave  and 
introducing two new forms of leave - paternity and filial leave.  

The  conclusion  is  that  failing  to  act  at  EU  level  is  not  an  option.  Raising  the  female 
employment rate is a central part of the Growth and Jobs strategy and, given the impact that 
having children has on women’s labour market participation, the Commission has identified 
enhanced  reconciliation  as  one  of  the  six  priorities  in  its  Roadmap  on  Equality  between 
women  and  men.  There  is  widespread  support  from  Member  States  and  stakeholders  for 
action, though views differ on its form. 

Non-legislative  measures  (exchanges  of  good  practice,  social  partners'  initiatives,  for 
example) will continue in any case as will other measures to increase the employment rate of 
women. But they will not be enough to address the specific problem of gender imbalance in 
the  take-up  of  family-related  leave.  Action  at  the  EU  level  is  justified  in  order  to  adapt  the 
already  existing  provisions  to  the  new  challenges  and  continue  to  maintain  a  level  playing 
field between Member States in terms of protection of pregnant women.  

Taking  into  account  the  results  of  the  consultation  process  as  well  as  the  results  of  a  study 
commissioned  by  the  Commission,  the  remaining  options  are  considered  to  be  of  value  in 
helping to better reconcile work and family life and achieving more gender equality in labour 
market participation rates.  

The option of extending the duration of maternity leave and offering better compensation was 
considered to be a good way to improve the ability of women to reconcile childbearing with 
remaining in the labour market. It would give the mother longer to recover from giving birth 
and  to  bond  with  the  child.  (It  should  be  noted  that  no  change  would  be  needed  in  many 
Member States.) Also, it seems appropriate to provide for the right to ask for flexible working 
conditions  when  coming  back  from  maternity  leave  in  line  with  the  revised  working  time 

5 

Council  Directive  92/85/EEC  of  19  October  1992  on  the  introduction  of  measures  to  encourage 
improvements  in  the  safety  and  health  at  work  of  pregnant  workers  and  workers  who  have  recently 
given  birth  or  are  breastfeeding;  Council  Directive  96/34/EC  of  3  June  1996  on  the  framework 
agreement on parental leave.  

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directive  currently  under  discussion  in  the  Council  and  the  European  Parliament.  Taken 
together, these measures could make it easier for women to return to work after childbirth and 
so avoid that they drop out of the labour market altogether. This is especially relevant for the 
14% of households with dependent children which are managed by a single parent, usually the 
mother. 

The  costs  of  this  option  arise  from  longer  leave  and  higher  compensation  in  the  Member 
States where change is needed as well as the costs of replacing the absent worker. To avoid 
that these costs  fall unduly on businesses especially smaller ones, the Commission  proposal 
allows  Member  States  to  cap  the  maternity  allowance.  Member  States  also  remain  free,  as 
now, to determine the share of the allowance which is financed by the state. 

For two parent households in particular, an important complement to maternity leave would 
be to extend parental leave for one month under the condition that both partners take a certain 
amount  of  that  leave  and  ensuring  a  payment  for  this  leave  as  well  as  the  introduction  of 
other/new forms of leave (adoption leave equal to parental leave, 10 days paid paternity leave 
and 1 month unpaid filial leave).  

Safeguards  should  be  introduced  to  ensure  that  parents  taking  these  forms  of  leave  will  not 
suffer discrimination.  

In  conclusion,  improving  the  entitlement  to  family-related  leave  alongside  other  measures 
notably  the  better  provision  of  childcare  will  help  women  and  men  to  achieve  better 
reconciliation  between  work  and  private  like.  The  starting  point  is  an  adequate  maternity 
leave provision for the mother complemented by parental leave to be taken by either parent. 
The impact assessment therefore concludes that a proposal for amending the maternity leave 
rules (Directive 92/85/EEC) remains at this stage a very useful measure in order to improve 
reconciliation  and  can  be  taken  into  account  by  the  social  partners  in  their  negotiations  on 
other forms of family-related leave.  

2. 

INTRODUCTION 

Gender equality is one of the main objectives of the European Union to be achieved via all the 
Union’s policies6. The Lisbon Strategy is one of the means to achieve it. Measures to improve 
gender equality can contribute to the goal of more growth and better jobs. Europe’s welfare 
states are confronted with new family models and gender roles as well as with demographic 
pressure  from  an  aging  population.  As  Europe  shifts  towards  'dual  earner'  families7, 
employees increasingly face new challenges, such as reconciling work and family life, single 
parenthood, providing care for relatives and insufficient social security coverage8. Among the 
major  instruments  available  to  help  women  and  men  cope  with  a  changing  society  are 
reconciliation measures and reconciliation policies9.  

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7 

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See in general, on development in this area 2008 report of the Commission on equality between women 
and men, COM(2008)10 final. 
Commission  Communication:  Access  and  solidarity:  towards  a  new  social  vision  for  21st  century 
Europe, COM(2007) 726 final. 
The EU and new social risks: the need for a differentiated evaluation, Treib/Falkner, paper 2004. 
Measures supporting a combined professional, family and private life, and as such may refer to a wide 
variety  of  policies,  including  childcare  services,  leave  facilities,  flexible  working  arrangements  and 
other measures, such as financial allowances during family-related leave. 

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2.1. 

Background and institutional context 

Gender equality has been an objective of the European Employment Strategy (EES) since 
its inception in November 1997 and since the entry into force of the Amsterdam Treaty, when 
the EES was launched. The new EES is framed in the (renewed) Lisbon Strategy for Growth 
and  Jobs  establishing  the  Integrated  Guidelines10.  At  the  Lisbon  European  Council  (March 
2000), the European Union set itself a new strategic goal for the next decade — the 'Lisbon 
Strategy'  —  to  make  Europe  more  dynamic  and  competitive.  The  importance  of  gender 
equality in the Lisbon process is reflected in the quantitative targets to be achieved by 2010, 
namely a female employment rate of at least 60%. The Barcelona European Council in March 
2002  concluded  that  Member  States  should  remove  disincentives  to  female  labour  force 
participation and fixed targets for childcare11.  

The  Joint  Employment  Report  2006/2007  called  for  further  policies  to  promote  child  and 
elderly care and stated that reconciliation of work and family life would continue to improve 
the  position  of  women12.  The  Joint  Employment  Report  2007/200813  recognised  that  ‘the 
progress in the field of gender equality has been mixed'. It also stated that Member States 'are 
far from reaching the childcare targets and most do not even refer to them in their national 
strategies'.  

The  European  Parliament  has  consistently  called  for  improvements  to  the  existing 
Community  legislation  on  maternity  and  parental  leave14  and,  in  its  May  2008  proposals  to 
amend the new Employment Guidelines, called for the provision of parental and other leave 
schemes15.  In  its  resolution  of  21  February  2008  on  the  demographic  future  of  Europe16, 
Parliament  called  on  the  Member  States  to  adopt  best  practices  as  regards  the  length  of 
maternity  leave  and  pointed  out  that  it  is  possible  to  influence  birth-rate  curves  favourably 
through  coordinated  public  policies,  by  creating  a  family-  and  child-friendly  material  and 
emotional environment. In its resolution of 27 September 200717 it urged the Member States 
to  mutualise  the  costs  of  maternity  and  parental  leave  allowances  in  order  to  ensure  that 
women  no  longer  represent  a  more  costly  source  of  labour  than  men  and  welcomed  the 
consultation procedure on reconciliation with the social partners. It also called on the Member 
States, in conjunction with both sides of industry, to combat discrimination against pregnant 
women  on  the  labour  market  and  to  take  all  necessary  steps  to  ensure  a  high  level  of 
protection  for  mothers,  and  asked  the  Commission  to  make  a  more  detailed  assessment  of 

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16 

17 

In  the  Integrated  Guidelines  2008-10,  gender  equality  is  mentioned  as  a  general  principle  (gender 
mainstreaming), and is also dealt with under Guideline 18 (‘promote a lifecycle approach to work’), see 
COM(2007)803,  part  V,  http://ec.europa.eu/growthandjobs/pdf/european-dimension-200712-annual-
progress-report/200712-annual-report-integrated-guidelines_en.pdf 
Provision for at least 90% of children between three years and the mandatory school age and for at least 
33% of children under three years. 
See footnote 6, p. 10. 
Of  3  March  2008  adopted  by  the  Council  (EPSCO)  at  its  session  on  29  February  2008,  page  9. 
Moreover,  the  Joint  Employment  Report  2007/8,  page  4,  makes  the  point  that  ‘the  responsiveness  of 
European labour markets to the challenges of globalisation and ageing remains insufficient’. 
For example, Resolution 2003/2129(INI), P5_TA(2004)0152), point 26. 
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P6-TA-2008-
0207+0+DOC+XML+V0//EN&language=EN 
2007/2156  (INI),  points  14  and  15,  at:  http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-
//EP//TEXT+TA+P6-TA-2008-0066+0+DOC+XML+V0//EN&language=EN. 
2007/2065(INI)) at: 
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2007-
0423, point 13, 28 and 29. 

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compliance  with  Community  law  in  this  area  and  to  determine  whether  it  needed  to  be 
revised. 

The  Commission’s  approach  to  gender  equality  is  to  combine  mainstreaming  with  specific 
actions. The Roadmap for equality between women and men 2006-201018 sets six priorities 
for  action,  the  first  being  to  achieve  equal  economic  independence  for  women  and  men. 
Another of the priorities, reconciliation, directly contributes towards this.  

The  Commission’s  approach  and  its  priorities  were  backed  by  the  March  2006  European 
Council  in  the  European  Pact  for  Gender  Equality19.  The  Pact  encourages  the  Member 
States to implement policies to promote women's employment and a better work-life balance 
for all (Barcelona targets in childcare, care facilities for other dependents, and promotion of 
parental leave). The Council conclusions of December 2007 on 'Balanced roles of women and 
men  for  jobs,  growth  and  social  cohesion'20  called  on  the  Commission  to  act  in  the  area  of 
reconciliation. 

The European social partners play an important part in the area of reconciliation, too. Their 
framework  agreement  on  parental  leave  in  1995  was  enacted,  in  its  totality,  via  the  1996 
Parental Leave Directive. This was the first agreement between the social partners to benefit 
from the provision under Article 139(2) EC Treaty which gave the social partners a privileged 
role  in  creating  Community  legislation.  Furthermore,  they  adopted,  in  March  2005,  a 
Framework of Actions on gender equality including as one of the priorities actions to support 
work-life balance (see further reference below under 5.1.).  

The Commission's work programme 2008 (CLWP) includes a proposal to amend Directive 
92/85/EEC  as  a  priority  initiative21  while  the  catalogue  complementing  the  CLWP  2008 
contains,  firstly,  a  proposal  amending  Directive  96/34/EC22  in  view  to  enhance  the 
reconciliation  of  professional,  private  and  family  life  by  improving  existing  parental  leave 
provisions  and,  secondly,  a  proposal  for  a  Directive  providing  for  adoption,  paternity  and 
'filial'  leave23  in  line  with  the  Commission's  intention  to  review  the  existing  EU  gender 
equality legislation not included in the 2005 recast exercise.  

3. 

CONSULTATIONS 

As  the  Commission  consulted  the  social  partners,  the  Member  States  and  several  European 
NGOs active in the area, the information received was considered to be sufficient in terms of 
representation of the different interests. An additional public consultation was not considered 
necessary. 

18 
19 
20 
21 

22 

23 

under 

COM(2006) 92 final 
See paragraph 40 of conclusions in http://ue.eu.int/uedocs/cms_Data/docs/pressdata/en/ec/89013.pdf. 
http://register.consilium.europa.eu/pdf/en/07/st14/st14136.en07.pdf, particularly paragraphs 12 and 13.  
initiatives, 
See 
priority 
the 
in 
http://ec.europa.eu/atwork/programmes/docs/clwp2008_roadmap_priority_initiatives.pdf 
in 
and 
COM(2007)640 final, Commission Legislative and Work Programme 2008, COM(2007)640 final, p.26. 
See 2008/EMPL/024 in the Forward programming 2008. 
http://ec.europa.eu/atwork/programmes/docs/forward_programming_2008.pdf. 
See 2008/EMPL/026, http://ec.europa.eu/atwork/programmes/docs/forward_programming_2008.pdf. 

2008/EMPL/025 

catalogue 

of 

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3.1. 

Consultation of social partners 

The  European  social  partners  were  consulted  by  the  Commission  in  2006  and  2007  in  two 
stages24, following the procedure laid down in Article 138(2) and (3) of the EC Treaty. In the 
light of the responses to the first consultation, the Commission identified a number of options 
for change, namely  to amend  the provisions for  maternity leave, and  an option to introduce 
other  types  of  leave  (paternity  leave,  adoption  leave  and  'filial  leave'  in  order  to  care  for 
dependent family members). A number of options for possible amendments to the framework 
agreement on parental leave annexed to Directive 96/34/EC were also identified. In response 
to the second-stage consultation, four social partners25 decided to set up a joint working group 
within  the  context  of  the  European  social  dialogue  to  carry  out  a  review  of  the  framework 
agreement on parental leave. The social partners confirmed in July 2008 that they will enter 
into formal negotiation in accordance with Article 138 EC.  

3.2. 

Consultation of the Member States and the Advisory Committee 

In December 2007 the Commission consulted the Member States to gather information on the 
legal situation regarding all forms of family-related leave arrangements and to ascertain their 
views on options for amending the existing legislation. The Member States’ views on possible 
amendments to the acquis vary significantly26. Nine Member States are against any alteration 
of  the  leave  arrangements  at  EU  level27,  three  Member  States28  are  in  principle  opposed  to 
changes but could support changes in some areas and the rest of the Member States supports 
changes.  

The Advisory Committee on Equal Opportunities for Women and Men29 adopted an opinion 
on the introduction of new forms of leave (paternity leave, adoption leave and 'filial' leave) in 
written  procedure  on  3  July  200830.  The  majority  of  the  Advisory  Committee  believes  that 
there is a need for further European Union legislation in this policy area of reconciliation of 
work  and  family  life  with  a  particular  emphasis  on  further  developing  statutory  leave 
entitlements.  The  Advisory  Committee  further  develops  the  possible  content  of  modernised 
legislation.  

The positions of the Member States and of the Advisory Committee on Equal Opportunities 
are addressed later in this Report in the assessment of the different options. 

3.3. 

Consultation of European non-governmental organisations (NGOs) 

In  December  2007  the  Commission  consulted  several  European  NGOs  by  questionnaire  to 
ascertain their views on options for amending and supplementing the existing legislation on 
leave  arrangements  in  connection  with  reconciliation.  In  general,  they  welcome  the  idea  to 
offer better reconciliation facilities. The results of the consultation are given in Annex II. 

24 
25 

26 
27 
28 
29 
30 

Details in Annex II under 'Consultation of European Social Partners'. 
ETUC, BUSINESSEUROPE, CEEP and UEAPME (find explanations for the abbreviations in Annex 
II). 
See Annexes II and III.  
Czech Republic, Denmark, Ireland, Latvia, The Netherlands, Malta, Poland , UK and Sweden. 
Estonia, Finland and Romania. 
Including members from Member States, equality bodies, social partners and NGOs. 
see under 
http://ec.europa.eu/employment_social/gender_equality/docs/2008/opinion_newforms_en.pdf. 

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3.4. 

External and other expertise 

In  December  2007  the  Commission  commissioned  a  study  on  costs  and  benefits  of 
reconciliation  measures  from  the  ECORYS  Group  (cited  as  'ECORYS  study').  The  final 
results,  entitled  Study  on  the  costs  and  benefits  of  options  to  improve  provisions  for  the 
reconciliation  of  work,  private  and  family  life,  is  published  on  the  website31.  The  executive 
summary is reproduced in annex VI. The study categorised the Member States according to 
the main characteristics of their parental leave and maternity leave schemes and their type of 
welfare  scheme.  ECORYS 
to  be 
representative of the 27 Member States to calculate the costs and benefits of amended family 
leave schemes. The assumption in the study is that the implementation of the improved leave 
forms  would  start  from  2008  and  then  the  results  show  the  consequences  for  a  twenty-year 
period, 2008-2027. (A full explanation of the methodology is explained in the appendix to the 
study.) 

then  selected  eight  Member  States32  considered 

The  network  of  national  legal  experts  on  gender  equality  delivered  a  report  in  2007  on 
Pregnancy,  Maternity,  Parental  and  Paternity  Rights33  and  in  2008  a  report  on  Legal 
Approaches to Some Aspects of the Reconciliation of Work, Private and Family life (i.e. on 
questions  such  as  part-time  work,  adjustment  of  working  time,  job  sharing,  lifecycle 
approaches in working patterns, support for child-care facilities) in thirty European countries 
34.  

In  order  to  have  input  from  other  Commission  services,  an  internal  Interservice  Group  was 
established35. It met twice. 

3.5. 

Amendments  to  the  impact  assessment  following  the  opinion  of  the  Impact 
Assessment Board 

Following the opinion from the Impact Assessment Board of 16 July 2008, a more thorough 
analysis  of  the  problem  has  been  developed  and  the  discussion  of  the  different  options  in 
sections 7 and 8 is better related to the achievements of the two objectives of more equality in 
labour market participation and better reconciliation of professional, private and family life as 
well  as  to  the  specific  objectives  (the  overview  table  after  each  option  have  been  adapted). 
The  problem  definition  under  point  4  now  highlights  how  the  options  address  the  problems 
and how the situation can be influenced by better reconciliation measures. The analysis of the 
problem related to the lack of childcare facilities has been deepened and is addressed in more 
detail under point 4.2.2. The differences between the social models in the Member States are 
explained  under  point  5.  using  the  example  of  parental  leave.  The  choice  of  the  respective 
options  has  been  explained  more  fully  in  the  beginning  and  linked  more  clearly  to  the 
problems and the objectives.  

The conclusions for the different options now take into account Member States' need to adapt. 
A table on the comparison of the different options has been added under point 8.4. Following 
analysis  of  the  opinion  of  the  Advisory  Committee  on  Equal  Opportunities  for  Women  and 
Men, and the announcement of the social partners to negotiate in this area, the judgement on 

31 
32 
33 
34 
35 

EN 

http://ec.europa.eu/employment_social/gender_equality/legislation/new_legislation_en.html. 
Belgium, Denmark, Estonia, Spain, France, Hungary, Poland and UK. 
http://ec.europa.eu/employment_social/gender_equality/legislation/report_pregnancy.pdf. 

Members from the following Directorates General: LS, ENTR, ECFIN, ESTAT, JLS, SG. 

11 

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the options has been revisited taking into account the evolving political context. In particular, 
the evaluation of the option to improve the conditions of maternity leave has been changed. 

As this resulted in significant changes in comparison to the original draft impact assessment 
on which the Impact Assessment Board delivered an opinion on 16 July 2008,, a revised draft 
of  this  impact  assessment  was  submitted  to  the  Impact  Assessment  Board  on  17  September 
2008 in order to receive a renewed opinion. 

Following the second opinion of the Board of 23 September 2008), further modifications to 
the  report  were  introduced,  mainly  in  Sections  1  (Executive  summary),  5  (Description  of 
existing  EU  legislative  instruments  and  the  situation  in  the  Member  States)  and  8  (Impact 
analysis),  in  order  to,  i.a.,  demonstrate  more  clearly  why  the  Maternity  Leave  Directive 
should  be  amended  and  provide  a  more  thorough  assessment  of  the  impact  of  the  proposed 
amendments. 

4. 

PROBLEM DEFINITION 

4.1. 

An overview of the problem  

The  need  for  reconciliation  policies  is  now  accepted  at  EU  level.  As  explained  in  a  recent 
Commission Communication36, successful reconciliation is relevant to a number of key policy 
objectives while, at the personal level, they mean that women and men do not have to make 
trade-offs  between  having  a  fulfilling  private,  family  and  professional  life.  They  can  enable 
both women and men to exercise real choices in this area and, in particular, they can result in 
an increase in the employment rate of women and a decreased women's unemployment rate. 
They can also reduce gender segregation in the labour market and close the gender pay gap. 
However, the reality is that, even where various flexible working arrangements have been put 
in  place  to  support  reconciliation,  they  are  used  much  more  by  women  than  by  men  for 
reasons of economic necessity rather than free choice. This means that these arrangements do 
not have the impact on female labour market participation that they could. 

As  noted  in  the  Impact  Assessment37  supporting  the  Commission  Communication  on  A 
Renewed Social Agenda38: 

Both women and men do not always have sufficient opportunities to strike a work-family life balance 
(for  instance,  through  access  to  childcare  facilities  and  flexible  working  arrangements),  but  this 
affects  women  more:  domestic  and  family  responsibilities  are  still  unequally  distributed.  The 
disadvantaged  position  of  women  in  accessing  the  labour  market  has  consequences  in  terms  of  the 
higher risk of exposure to poverty among women,  particularly older women.  Among people over 65 
years, the risk was significantly higher for women than for men in the EU-25 in 2005 (21% as against 
16%). 

Despite  the  increase  in  the  participation  of  women  in  the  labour  market,  the  pay  gap  has 
remained steady at 15% from 2003 to 2007, and has narrowed by only one point since 200039. 
This pay gap is to a certain extent due to the problems women face in reconciling professional 

36 
37 
38 
39 

Cf COM(2008)599  
SEC(2008)2156 
COM(2008)412 
Definition  used  by  Eurostat:  ‘The  gender  pay  gap  is  given  as  the  difference  between  average  gross 
hourly earnings of male paid employees and of female paid employees as a percentage of average gross 
hourly earnings of male paid employees.’ 

EN 

12 

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and  private  obligations.  In  its  2007  Communication40  on  the  Gender  Pay  Gap,  the 
Commission pointed to the link to the imbalance in this area: 

Although part-time work  may be a personal choice and encourage the involvement of women in the 
workplace, the gap between women and men underlines the fact that they do not use their time in the 
same way and that the task of looking after dependent family members is largely borne by women. The 
lack of accessible, affordable and good quality childcare reinforces this lack of balance. In the same 
way, far more women than men choose to take parental leave. Parenthood permanently reduces the 
employment  rate  of  women  but  not  that  of  men.  As  a  result,  women  have  careers  which  are  more 
disjointed, slower and shorter and thus less financially rewarding. 

This part of the Report reviews the difficulties women and men – but especially women - face 
in reconciling their professional and private/family lives and the impact that this has both on 
gender equality and on growth and jobs. The interdependence of the problems is illustrated by 
the following diagram: 

Low maternal employment rates

Discrimination of parents
taking parental leave

Slow career
of women

Insufficient childcare

Insufficient leave arrangements

Gender pay gap

Traditional family roles

Low fertility rates

The  following  sections  look  first  at  the  factors  related  to  reconciliation  which  influence 
female/maternal  employment  rates,  then  at  workplace  discrimination  experienced  by  the 
parents of small children, and lastly at the gender imbalance in the take-up of family-related 
leave.  

4.2. 

Factors influencing female employment rates  

4.2.1.  The impact of family responsibilities on labour market participation and on careers  

Female employment has been the main factor in the steady growth of employment in the EU 
in  recent  years.  Between  2000  and  2007  employment  in  EU-27  grew  by  nearly  16  million, 
including almost 10 million women. The employment rate gap between women and men fell 
from 17.1 percentage points in 2000 to around 14 percentage points in 2007. However, these 
figures  conceal  the  stark  impact  of  having  children  :  the  employment  rate  for  women  with 
dependent children in 2007 was only 65.5%, compared with 91.7% for men41, a difference of 
more than 26 points. The figures for 2007 show that the employment rate of women between 
the age of 25 and 49 falls by around 12 percentage points when they have children42, while 
that of men rises by around seven points43. Maternal employment rates are particularly low for 

40 
41 
42 
43 

COM(2007)424, 'Tackling the gender pay gap between women and men'. 
See Table 7a in Annex IV. 
See Table 6a in Annex IV. 
Eurostat, Labour Force Survey, see Annex IV Table 7a.  

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13 

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women with two or more children44. Time series about the development of employment rates 
of women with and without children can be found in Annex IV, Table 6b. It can be seen that 
for both groups labour market participation increased by around 5% from 2000 to 2007, but 
the gap between these two groups remains stable at EU level at around 12 percentage points. 
Therefore, the impact of having children on employment rates of women remains stable at EU 
level. 

In  general,  closing  the  gap  between  male  and  female  employment  rates  would  boost  GDP 
significantly45. In EU-25 in 2003 the employment rate of women aged 20-49 whose youngest 
child was between 6 and 11 was 67%, falling to 60% when the youngest child was between 3 
and 5, and declining to 52% when the youngest child was between 0 and 246. The impact of 
motherhood on employment rates is more pronounced in some Member States than in others. 
According  to  tables  compiled  by  Eurostat  in  2007,  the  employment  rates  for  women  with 
children  are  highest47  (over  70%)  in  Slovenia,  Lithuania,  Denmark48,  Portugal  and  the 
Netherlands,  followed  by  Cyprus,  Finland,  Latvia  and  Belgium.  The  rates  are  lowest  (less 
than 60%) in Malta, Hungary, Italy, the Czech Republic, Greece, Slovakia and Ireland. The 
general employment rate of men aged 25-49 without children in EU-27 was 84.4% in 2007, 
while  that  for  men  with  children  was  91.7%49.  The  Nordic  countries,  namely  Finland, 
Denmark and Sweden, plus the Netherlands, are those with the smallest differences between 
male  and  female  part-time  workers.  Spain,  Germany,  Austria  and  Luxembourg  show  the 
widest differences between male and female part-time rates50.  

Family  responsibilities  mean  that  women  are  more  likely  to  work  part-time  than  men  do51. 
This has negative implications for their career prospects and wages. According to figures for 
EU–2752, 31.4% of women work part-time compared with 7.8% of men and more than three-
quarters  of  part-time  workers  are  women  (76.5%).  A  quarter  of  EU  part-time  workers  state 
that ‘child and adult care reasons’ lie behind their decision to work part-time. 75% of women 
reported that they did not work full-time because of care responsibilities for children53.  

Women today have achieved higher levels of education than ever before and they account for 
over 40% of the global workforce. Yet, as a result of the dual burden that many face, women 
often do not find jobs and working hours that fit in with their family arrangements54. They are 

44 
45 

46 

47 
48 

49 
50 

51 
52 

53 
54 

See Table 7b in Annex IV. 
See  Global  Economics  Paper  No  154,  Goldmann  Sachs  2007,  p.7:  For  Spain,  GDP  would  be  19% 
higher,  the  Eurozone  13%,  Germany  9%,  France  9%,  the  US  9%,  the  UK  8%,  Denmark  5%  and 
Sweden 3% . 
Eurostat, statistics in focus, Gender gaps in the reconciliation between work and family life, 4/2005; in 
France, a child decreases women's labour market participation by 1 hour/week per child, see Majnoni 
d'Intignano, Egalité entre femmes et homes, Paris 1999, p. 95. 
Eurostat, Labour Force Survey, see Annex IV, Table 6a. 
Data  for  Denmark  are  not  included  in  Table  6a  of  Annex  IV,  but  Denmark's  employment  rates  have 
been  around  80%  for  women  with  and  without  children;  in  Sweden  the  employment  rate  for  women 
with children is traditionally very high too.  
Eurostat, Labour Force Survey 2006, see Annex IV, Table 7a.  
European  Foundation  for  the  Improvement  of  Living  and  Working  Conditions,  Part-time  work  in 
Europe, 2007, pp. 3 and 4. 
See Table 8 in Annex IV. 
See Table 4 in Annex IV; see also European Foundation for the Improvement of Living and Working 
Conditions, Fourth European working conditions survey, 2007, p. 7;  
Ibid, Table 39. 
Working  Conditions  in  the  European  Union:  The  gender  perspective,  European  Foundation  for  the 
Improvement of Living and Working conditions 2007, p. 45. 

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also under-represented in the area of self-employment55. A study conducted in Italy in 2006 
shows  that  one  out  of  seven  women  gives  up  her  job  in  the  first  year  after  the  birth  of  a 
child56. More than 35% of mothers with small children who stayed in employment reported 
difficulties in reconciling work and family life. Inflexible working hours are given as the main 
difficulty in this respect. According to another study carried out in Italy, 40% of women with 
children give up working completely57. It transpires from a study carried out in France58 that 
on average 50% of women declared they had put aside their career intentions to care for their 
children. 14% of workers and employees and 9% of women in management reported they had 
been  pensioned  off  because  they  took  maternity  leave59.  A  study  carried  out  in  Germany  in 
2003 came to the conclusion that 40% of women who had been in employment before giving 
birth  did  not  return  to  work  after  the  child  was  born60.  According  to  a  study  carried  out  in 
2002  in  16  European  countries,  the  preference  of  couples  was  for  working  time  to  be  more 
equally distributed between partners. However, in 47% of households with a child under six 
years  of  age,  women  were  not  in  paid  work,  even  if  they  wanted  to  be.  Thus  the  present 
division of paid work corresponds much less to a voluntary choice than to necessity61.  

Furthermore, there is a positive correlation between high fertility rates and high female labour 
market  participation.  Europeans  have  a  fertility  rate  which  is  insufficient  to  replace  the 
population62. Member States with high female employment rates are also countries where the 
fertility is higher63. Research points to the role of work-family reconciliation policies64. Some 
fear  that  the  changing  traditional  family  model  is  contributing  to  lower  fertility,  but  the 
evidence contradicts this view65. A significant trend in recent years has been the reversal in 
the  correlation  between  fertility  and  female  labour  force  participation  rates  across  OECD66. 
Until  the  mid-1980s,  the  correlation  was  consistently  negative:  countries  with  high  average 
female  participation  rates  displayed  lower  period  fertility  rates.  During  the  late  1990s,  the 
correlation  started  to  become  positive  in  some  countries  and  by  the  early  2000s,  the  EU 
Member States with the highest female participation rates also displayed the highest fertility 
rates.  The  Member  States  that  currently  have  the  lowest  levels  of  fertility  (Spain,  Italy  and 
Greece)  are  those  with  relatively  low  levels  of  female  labour  force  participation,  while  the 

55 
56 

57 
58 

59 
60 

61 

62 

63 

64 

65 
66 

See table 9 in Annex IV. 
S.  Vogliotti,  Der  Wiedereinstieg  in  die  Arbeit  nach  der  Mutterschaft,  2006,  p.  8;  see  also 
http://www.eurofound.europa.eu/eiro/studies/tn0703019s/tn0703019s_8.htm. 
See EIRO at http://www.eurofound.europa.eu/eiro/studies/tn0703019s/tn0703019s_8.htm. 
Direction de la recherche des études de l'évaluation et des statistiques, DRESS No 531, October 2006, 
p. 6. 
Ibid, p. 6. 
Bundesministerium  für  Familie,  Senioren,  Frauen  und  Familie,  Betriebswirtschaftliche  Effekte 
familienfreundlicher Maßnahmen, Kosten-Nutzen-Analyse 2003, p. 14; around one out of seven women 
in the 'Trentino-Alto Adige' Region in Nothern Italy gave up working in their child’s first year; see: Der 
Wiedereinstieg in die Arbeit nach der Mutterschaft, Vogliotti, 2006, p. 8. 
Working time preferences in 16 European countries, 2002, European Foundation for the Improvement 
of  Living  and  Working  Conditions,  p.  99;  only  14%  to  15%  of  couples  wanted  the  woman  not  to  be 
gainfully employed at all; see also table 13 in Annex IV.  
Communication  from  the  Commission,  Green  paper  “Confronting  demographic  change:  a  new 
solidarity between the generations”, COM(2005) 94 final. 
The  demographic  future  of  Europe  –  from  challenge  to  opportunity,  Communication  of  the 
Commission, COM(2006) 571 final, p. 18; see also Table 6c and 6d in Annexe IV. 
H. Engelhardt et al., Fertility and female employment reconsidered: A macro-level time series analysis, 
MPIDR Working paper n° 21, 2001. 
See Global Economics Paper No 154, Goldmann Sachs 2007, p.7. 
D'Addio A. C. and M. Mira d'Ercole (2004) "Trends and determinants of fertility rates and the role of 
policies" OECD social policy division www.oecd.org/dataoecd/7/33/35304751.pdf 

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countries  with  higher  fertility  levels  (Denmark,  Sweden,  Finland,  Netherlands,  France,  UK) 
have relatively high female labour force participation rates.  

4.2.2.  Provision of care facilities 

Childcare  facilities  in  the  Member  States  are  insufficient67  and  are  not  always  adapted  to 
family needs68. In Denmark and Portugal only, formal childcare for more than 30 hours per 
week is available for over 30% of children under the age of three. A Commission report on 
childcare69 gives more details on the current situation in the Member States. From the report it 
transpires that only 10 Member States have more or less achieved the targets agreed in 2002 
at  the  Barcelona  European  Council  of  30%  childcare  coverage  for  children  under  3  years, 
whereas 10 Member States provide for less than 10% coverage for this age group. Some of 
the MS with a low childcare coverage for this age group also show the lowest employment 
rates  of  women  (CZ,  MT,  PL,  EL,  HU  for  instance).  According  to  research  carried  out  in 
Germany,  around  90%  of  women  who  gave  up  employment  because  of  small  children 
reported that the main reason for not working was a lack of childcare facilities70.  

Women also bear the main responsibility of caring for the elderly. A Eurobarometer survey 
conducted in 200771 indicates the huge difficulties in meeting work and caring commitments. 
According to research carried out in the Member States, from one quarter to one fifth of the 
population reported extra responsibilities for caring for someone who had a long-term illness, 
was  disabled  or  elderly72.  One  of  the  dominant  features  of  demographic  change  over  the 
coming decades will be the rise in the number of people aged 80 years and over. Their share 
in the total EU population will increase three- to four-fold, rising to around 12% by 2050. A 
large percentage of these over-80s will be frail and dependent on help from others, frequently 
for prolonged periods73. A study completed in 2003 shows that in 1999, 29% of persons over 
75 in EU–15 were severely hampered in everyday life74.  

Problems in this respect vary widely among the Member States. These include the availability 
of  affordable,  quality  care  for  dependants.  In  many  cases,  informal  care  for  dependent 
relatives at home is the only available option. Between 65 and 80% of the informal carers are 
women.  According  to  studies  carried  out  in  the  UK,  more  than  54%  of  those  caring  for 
disabled  family  members,  the  elderly  and  others  (more  then  six  million  in  the  UK)  give  up 
work in order to be able to do the caring work. Two out of three working-age carers are not in 
paid employment75. German and Austrian statistics also show that providing care may have an 

67 
68 
69 
70 

71 

72 

73 

74 

75 

See tables 11 and 12 in Annex IV on childcare coverage in the Member States.  
See recent report: Platenga/Remery, The Provision of Childcare Services, 2008. 
COM (2008)598 
Rump/Eilers,  Beschäftigungswirkungen  der  Vereinbarkeit  von  Beruf  und  Familie,  2006,  p.  98; 
however, verification of this result might be difficult, it thus only reflects the answers women gave. 
See http://ec.europa.eu/public_opinion/archives/ebs/ebs_283_en.pdf: Health and Long-Term care in the 
European Union, December 2007. 
Family matters, European Foundation for the Improvement of Living and Working conditions, 2007, p. 
13. 
The  demographic  future  of  Europe  –  from  challenge  to  opportunity,  Communication  of  the 
Commission, COM(2006) 571 final, p. 3. 
Feasibility Study, Comparative Statistics in the area of care of dependant adults in the European Union, 
Office for Official Publications of the European Union, 2003, p. 83. 
Carers UK, the voice of carers, May 2007, Carers UK's research into the financial impact of caring, see 
http://www.carersuk.org/Policyandpractice/Research/ResearchLibrary/ResearchRealchangenotshortcha
ngeMay2007.pdf, p. 3. 

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adverse impact on labour market participation, particularly among women76. In Germany, for 
instance,  the  employment  rate  of  women  caring  for  someone  other  than  a  child  is  75% 
percentage points lower than for women without such a responsibility77. 

Cross-country studies, conducted by the OECD among others, find that subsidised childcare 
boosts  female  participation  by  raising  the  rate  of  return  to  work.  Public  expenditure  on 
childcare averages 0.7% of GDP in the OECD. It is relatively low in countries such as Japan 
(0.3%), Spain (0.4%), the US and UK (both 0.5%); it is relatively high in Denmark (2.7%), 
Sweden (1.9%) and France (1.3%)78. 

As  regards  care  infrastructure,  this  report  will  not  go  into  further  details,  because  the 
Commission has no competence to act with legislative measures in this area and non-binding 
measures are already in place.  

4.3. 

Labour market discrimination against parents of small children  

As  long  as  mothers  rather  than  fathers  forgo  participation  in  the  labour  force  when  they 
become parents and make use of parental-leave provisions, employers might perceive women 
as less committed to their careers than men and will be less likely to invest in female career 
opportunities79.  According  to  a  survey  on  parental  leave  conducted  by  the  European 
Foundation for the Improvement of Living and Working conditions and published in 200780, 
the  fact  that  mainly  women  –  and  not  men  –  take  long  family-related  leave  periods 
perpetuates 
domestic 
responsibilities and aptitudes for employment81. In Germany, it was established that 20% of 
all  firms  feel  a  strong  disincentive  to  employ  young  women82.  Employers  will  try  to  limit 
women to jobs where absences are least costly, thereby increasing occupational segregation83. 
Some  NGOs  in  their  reply  to  the  questionnaire  sent  out  by  the  Commission84  also  report 
difficulties women experience in finding a job because employers expect them to fall pregnant 
and take parental leave85. One NGO reports difficulties fathers experience in taking paternity 
or parental leave because they face hostility and prejudice from their colleagues.  

about  women’s 

gender-related, 

stereotypical 

assumptions 

The former Equal Opportunities Commission (EOC) in Britain86, referring to a survey carried 
out  among  employment  agencies,  reported  that  more  than  70%  of  these  agencies  had  been 

76 

77 
78 
79 
80 

81 
82 

83 

84 
85 

86 

Feasibility Study, Comparative Statistics in the area of care of dependant adults in the European Union, 
2003, p. 91. 
Ibid p. 93. 
See Global Economics Paper No 154, Goldmann Sachs 2007, p.7. 
See further research in: Babies and Bosses, Reconciling Work and Family life, OECD 2007, p. 59. 
Anxo, Fagan, Smith, Letablier, Perraudin, Parental leave in European Companies, European Foundation 
for  the  Improvement  of  Living  and  Working  Conditions,  Survey  on  Working  Time  2004/2005, 
Luxembourg 2007. 
Ibid, page 9.  
Janneke Plantenga & Chantal Remery, Reconciliation of work and private life, A comparative review of 
thirty European countries, EU Expert Group, European Commission, 2005, page 76. 
C.  Ruhm,  The  Economic  consequences  of  Parental  leave  Mandates:  lessons  from  Europe,  (1998) 
Quarterly Journal of Economics, 131, pp. 285-317 (288) with further reference to research carried out 
for Sweden.  
See replies in Annex II. 
According  to  press  information  of  24  September  2004  about  an  online  poll  carried  out  in  the  UK  by 
Croner, an UK-based provider of business information, four-fifth of human resource managers say that 
bosses think twice before employing women of child-bearing age. 
EOC, Fairness and Freedom, 2007, page 75.  

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asked by their clients to avoid hiring pregnant women or women of childbearing age87. There 
is  a  survey  showing  that  extended  and  very  long  family  related  leave  provisions  which  are 
mainly  taken  by  women  lead  to  employers  shunning  women88.  In  the  UK,  women  are  23% 
less likely to be employed than men and women with a child under 11 are 49% less likely to 
be  employed  compared  with  men89.  Women  returning  from  family-related  leave  sometimes 
have  to  contend  with  the  belief  among  employers  that  their  skills  have  become  obsolete. 
Women also suffer a long-term negative impact on their careers in terms of being sidelined or 
having relatively low-status jobs90. The discriminating act might be for instance allocation of 
inadequate work91 or non-participation in training.  

4.4. 

Gender gap in the use of parental leave  

Maternity and paternity leave are, by definition, taken by the mother or the father. But with 
parental leave, parents can choose which of them takes this form of leave. So it is relevant to 
examine whether they do in fact take up this leave and which parent does so. This will help to 
understand why there is a gender gap in the use of reconciliation possibilities. A comparative 
review of reconciliation policies in thirty European countries, published in 200592, noted that 
the main factors affecting take-up of parental leave are: 

level of payment (which affects whether the leave will be taken and by whom),  

organisational  culture  (the  report  suggested  that  both  sexes  suffer  from  unsupportive 
organisational cultures when it comes to the take-up of parental leave),  

flexibility ( take-up is more likely if the leave can be taken in installments),  

labour market sector (take-up seems to be higher in the public sector) and  

educational level (the take-up rate of parental leave for men seems to be positively related to 
the educational level of the parent). 

The evidence confirms that there are, indeed, major differences between women and men in 
the  take-up  of  parental  leave93,  which  is  mainly  taken  by  women94.  According  to  a  2004 
Eurobarometer  survey  for  EU–15,  on  average  84%  of  men  said  they  had  not  taken  parental 
leave, nor were they thinking of doing so95. Rates of men taking parental leave were highest 
in  Sweden  and  Denmark,  with  respectively  18%  and  11%  of  fathers  having  taken  or 

87 

88 
89 

90 

91 

92 
93 
94 

95 

Ibid, page 77; there is also evidence that in the UK discrimination against women in the workplace - 
with the lost tax revenue and increased welfare benefits it causes - costs between £15 billion and £23 
billion each year, adding up to as much as 2% of GDP: 
http://www.guardian.co.uk/money/2008/apr/23/worklifebalance.discriminationatwork.  
http://www.management-issues.com/2007/8/2/research/legislation-making-women-less-employable.asp 
EOC, Fairness and Freedom, 2007, page 70; Gallagher/O'Leary, Recruitment 2020: How recruitment is 
changing and why it matters, DEMOS 2007, page 40. 
Malo/Munoz-Bullon,  Career  breaks  of  women  due  to  family  reasons:  A  long-term  perspective  using 
retroactive data, 2004 working paper;  
18/02/2008, 
See 
http://www.focus.de/jobs/berufsalltag/arbeitsrecht/diskriminierung_aid_261874.html; 
to 
information  in  the  Flash  report  3/2008  of  the  Legal  Experts  Network  on  gender  equality,  Latvia  has 
already introduced such a clause. 
http://ec.europa.eu/employment_social/publications/2005/ke6905828_en.pdf. 
European Parliament Report on reconciling professional, family and private lives 2003/2129 (INI). 
European  Foundation  for  the  Improvement  of  Living  and  Working  Conditions,  Parental  leave  in 
European Companies, Establishment Survey on Working Time 2004-2005, p. 9.  
Eurobarometer- Europeans attitude to parental leave, published May 2004, p. 9. 

a  German 

connection 

according 

pending, 

online, 

Focus 

case 

this 

in 

EN 

18 

   EN 

 
                                                 
considering  taking  parental  leave,  while  in  2004  the  average  for  EU–15  was  4%.  In  2003, 
42% of fathers reported that inadequate financial compensation was the main reason they did 
not take parental leave96. Again in 2003, 34% of fathers said they feared that taking parental 
leave  would  adversely  affect  their  careers,  while  higher  financial  compensation  during  the 
period of leave and better guarantees with respect to their careers would encourage them to 
take leave97. The fact that in the majority of cases only women take parental leave perpetuates 
traditional gender roles in families. 

5. 

DESCRIPTION OF EXISTING EU LEGISLATIVE INSTRUMENTS AND THE SITUATION IN 
THE MEMBER STATES 

Two  Directives  deal  with  leave  for  family  reasons  and  related  rights,  namely  Directive 
92/85/EEC98  (hereinafter  'Maternity  Leave  Directive')  and  Directive  96/34/EC99  (hereinafter 
'Parental Leave Directive'). The two Directives date from 1992 and 1996 respectively. Annex 
I describes their content. Neither of these two Directives was included in the ‘recast’ directive 
2006/54EC  which  brought  together  seven  other  existing  directives  in  the  field  of  gender 
equality  but  their  revision  was  addressed  in  the  two  rounds  of  formal  consultations  of 
European  social  partners  that  the  Commission  launched  in  2006  and  2007  respectively.  In 
July  2008,  the  European  social  partners  indicated  to  the  Commission  that  they  would  start 
official  negotiations  on  a  review  of  the  Parental  Leave  Directive  but  not  on  the  Maternity 
Leave Directive. 

A possible revision of the Maternity Leave Directive was submitted to the European social 
partners'  consultations  because  its  present  content  seems  outdated  and  in  some  respects 
inadequate. Thus, there are regularly ECJ cases on its implementation in the Member States, 
brought  mainly  by  preliminary  ruling  requests.  These  cases  concern  the  insufficient 
protection of women against dismissal or discrimination during or after maternity leave and 
show that there is room for improvement of the current Directive in force, in the sense of a 
strengthening of the protection and the rights of the women concerned. The Maternity leave 
Directive  currently  provides  for  remunerating  maternity  leave  at  the  same  level  of  sickness 
leave.  While  the  Directive  emphasises  that  this  should  not  be  interpreted  as  suggesting  an 
analogy  between  pregnancy  and  illness,  this  is  often  how  it  is  perceived.  Finally,  the 
Directive currently in force provides for a duration of maternity leave of 14 weeks.  

As the tables in Annex III show, there are marked differences between the Member States in 
terms of policies adopted in order to enhance reconciliation. Maternity leave provisions range 
roughly from 14 to 52 weeks, with payments ranging from 55% and subject to a ceiling, to 
100%  with  no  ceiling.  Parental  leave  provisions  involve  entitlement  to  leave  ranging  from 
three months to three years. Payments, where granted, are made for a period of between 15 
days  and  two  years.  Entitlement  to  adoption  leave  varies  from  10  days  to  that  for  parental 
leave. Some Member States provide for no payment, others provide for a payment similar to 

96 
97 

98 

99 

Eurobarometer- Europeans attitude to parental leave, published May 2004, p. 20. 
Eurobarometer-  Europeans  attitude  to  parental  leave,  published  May  2004,  p.  18;  see  also 
Han/Ruhm/Waldfogel, Parental leave Policies and Parents' Employment, IZA DP No. 3244, 2007, p. 5. 
Council  Directive  92/85/EEC  of  19  October  1992  on  the  introduction  of  measures  to  encourage 
improvements  in  the  safety  and  health  at  work  of  pregnant  workers  and  workers  who  have  recently 
given birth or are breastfeeding (OJ L 348, 28.11.1992, p. 1). 
Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded 
by UNICE, CEEP and the ETUC (OJ L 145, 19.6.1996, p. 4). 

EN 

19 

   EN 

 
                                                 
that  for  parental  leave.  There  is  no  entitlement  to  paternity  leave  in  a  number  of  Member 
States. Where such entitlement exists, it covers from one to 10 days. In some Member States, 
a part of parental leave is earmarked for fathers. Some Member States provide for no payment 
at  all,  others  for  a  flat-rate  payment  of  up  to  100%  pay.  Some  Member  States  have  no 
provision  for  any  entitlement  to  filial  leave.  The  duration  varies  from  two  to  10  days  for  a 
disabled or sick child and in some cases for other relatives too. In some Member States this 
leave is paid on a lump-sum basis at the rate applicable to sickness or another rate. 

Not  all  the  leave  arrangements  in  place  in  the  Member  States  contribute  to  more  gender 
equality  and  support  women,  who  may  wish  to  go  back  to  work.  If  the  payment  during 
family-relataed leave is low, this leave will be taken by the partner earning less, which very 
often will be the mother.  

5.1. 

Description of different legal and policy approaches in the Member States 

The  following  tables  demonstrate  different  approaches  towards  the  organisation  of  parental 
leave100,  which  can  be  seen  as  an  example  of  how  Member  States  organise  family-related 
leave.  The  Member  States  are  presented  in  the  five  tables  below  according  to  the  level  of 
payment  for  parental  leave.  From  the  second  table  on  maternal  employment  rates  it  can  be 
seen that Member States with high and moderate earnings-related payments for parental leave 
have high employment rates and relatively small differences between the employment rates of 
women  with  children  and  women  without  children  (exception:  Hungary).  Some  of  these 
Member States, namely Denmark, Sweden, Slovenia and Finland are the ones where childcare 
is available for more than 30 hours per week for nearly (or over) 30% of children under the 
age of three (Barcelona target).  

As regards the pay gap the situation is more complex. However, in the last two categories of 
moderate  and  high  earnings-related  payments  there  are  Member  States  with  a  low  pay  gap 
like  Slovenia  and  Hungary  but  also  Member  States  which  are  clearly  below  the  average  of 
15%, namely Estonia and Finland. 

As regards fertility rates, the Member States in the last two categories three include three of 
the  seven  Member  States  with  the  highest  fertility  rates,  namely  Sweden,  Denmark  and 
Finland. 

It can be seen from these tables that there seems to be no approach which could solve all the 
problems.  However,  a  high  or  moderate  earnings-related  payment  for  family-related  leave 
seems  to  correlate  positively  with  high  maternal  employment  rates  and  seems  to  have  a 
positive impact on fertility rates too. 

No payment 

Lump-sum 
payment 

Low 
earnings-
related 
payment 

Moderate 
earnings-
related 
payment 

High 
earnings-
related 
payment 

Baltic  States 

LT 

EE, LV 

100 

For  Germany  the  tables  do  not  take  account  of  the  recent  change  towards  a  high  earnings  related 
payment. 

EN 

20 

   EN 

 
 
 
 
 
 
 
                                                 
type 

and 

Central 
Eastern 
European 
type 

BU, PL 

CZ, SK, RO 

HU 

SI 

Conservative-
corporatist 
type 

CY, 
EL, 
ES, NL, PT, 
MT 

AT, 
BE, 
DE, FR, LU 

IT 

Liberal type 

IE, UK 

Social-
democratic 
type 

FI 

SE, DK 

Source: COWI/ IDEA Consult based on Moss, P. and O’Brien, M. (2006), Anxo, D., Fagan, C., Letablier, M.T., Perraudin, 
C., and Smith, M. (2007), European commission  

EN 

21 

   EN 

 
 
 
 
 
 
 
 
 
 
 
Employment rates of women aged 25-49, depending on whether they have children 
(under 12) - 2007

No payment for parental leave

Lump sum payment for 
parental leave

79,6

67,0

without children

with children

Low 
earnings-
related 
payment

Moderate 
earnings-
related 
payment

High earnings-related 
payment

90

80

70

60

50

40

30

20

10

0

BG

PL

CY

EL

ES

NL MT

IE

UK

RO

AT

BE

CZ

DE

FR

LU

SK

IT

FI

HU

LT

EE

LV

PT

SI

Source  : Eurostat, European Labour Force Survey, annual averages.
Notes : No data avaialble for DK and SE. 

t
n
e
c
r
e
p

80

70

60

50

40

30

20

10

0

Children 0-2 (=under 3) covered by formal childcare (less and more than 30 hours) - 2006

No payment for parental leave

Lump sum payment for 
parental leave

>30

1 to 29

Low 
earnings-
related 
payment

Moderate 
earnings-
related 
payment

High earnings-related 
payment

UK

IE

PL

CY

EL

ES

NL

MT

PT

AT

Source : Eurostat, EU-SILC.

121
CZ

SK

BE

DE

FR

LU

IT

LT

HU

FI

EE

LV

SI

SE

DK

EN 

22 

   EN 

 
Pay gap between women and men in unadjusted form in EU Member States - 2006 (1)

Difference between men's and women's average gross hourly earnings as a percentage of men's average gross hourly earnings)

No payment for parental leave

Lump sum payment for 
parental leave

Low 
earnings-
related 
payment

Moderate 
earnings-
related 
payment

High earnings-related 
payment

t
n
e
c
r
e
p

30

25

20

15

10

5

0

BG PL CY EL ES NL PT MT IE UK

RO CZ SK AT BE DE FR LU

IT

LT HU FI

DK EE LV SE SI

Source : Eurostat. Administrative data are used for LU, Labour Force Survey for FR and MT. Provisional results of EU-SILC (Statistics on income 
and Living Conditions) are used for BE, IE, EL, ES, IT, AT, PT and UK. All other sources are national surveys. 
EU27, BE, FR, CY, PT and SI provisional results.
(1) Exception to the reference year: 2005: EE, IT, NL.
NB: EU27 estimates are population weighted-averages of the latest available values. CZ: calculations based on the median earnings.

Total fertility rate - 2006 (1)

No payment for parental leave

lump-sum
payment

Low 
earnings 
related 
payment

Moderate 
earnings 
related 
payment

High earnings related 
payment

EU 27 (1) average

2,5

2,0

1,5

t
n
e
c
r
e
p

1,5 1,4 1,4 1,4 1,4 1,3 1,3

1,4 1,3

1,4

2,0

1,7

1,2

1,8

1,8

1,9

1,6

1,3

1,3

1,3 1,3

1,3

1,4

1,0

1,9 1,8

1,7

0,5

0,0

IE UK NL CY MT PT EL ES RO PL BG CZ

AT FR SK LU DE

IT

LT HU FI

SI DK LV SE EE

Source : Eurostat.
(1) EU 27 without BE, BE: not available. For IT: 2005.

5.2. 

Likely developments in the absence of new EU action  

If  no  new  EU-wide  action  is  taken,  the  current  programmes,  targets  and  directives  will  still 
continue  to  apply.  The  Lisbon  targets  will  be  evaluated  in  2010  and  new  guidelines  and 
targets will be fixed in the context of the EES. The Roadmap for Equality101 will come to an 

101 

COM(2006) 92 final. 

EN 

23 

   EN 

 
 
 
                                                 
end  in  2010  and  a  new  policy  framework  will  be  developed  in  the  light  of  experience. 
Funding  of  measures  to  support  gender  equality,  such  as  awareness-raising,  training  and 
exchange  of  good  practice  under  the  Community  Progress  programme  for  2007-13102,  will 
continue. The Progress programme supports the effective implementation of the principle of 
gender  equality  and  promotes  gender  mainstreaming  in  all  Community  policies.  The 
European  Social  Fund  (ESF)  programmes  for  2007-13103  will  continue  to  contribute  to  the 
Community's priorities as regards strengthening economic and social cohesion by improving 
employment and job opportunities and encouraging a high level of employment and more and 
better jobs. 

It  can  be  assumed  that  the  attention  of  the  European  social  partners  to  these  issues  will 
continue.  Work-life  balance  is  a  major  element  of  the  five-year  Framework  of  Actions  on 
Gender Equality104 agreed in 2005. 

At international level, ILO and OECD activities will continue. The OECD carries out broad 
research on current reconciliation policies in all OECD countries105. The ILO will continue to 
carry  out  analysis  and  research  in  the  area  of  gender  equality.  The  ILO  Convention  on 
maternity protection concluded in 2000 will apply where it has been ratified106. 

A  marked  difference  in  labour  market  participation  will,  however,  remain.  According  to 
Commission  projections,  the  rate  of  female  employment  will  continue  to  increase,  reaching 
65%  in  2025107.  But  it  will  then  still  be  about  6  percentage  points  below  the  current 
employment  rate  for  men.  The  problem  stemming  from  the  unequal  share  between  mothers 
and fathers of the task of caring for children will persist. In some Member States, men still do 
not  have  the  option  to  take  paternity  leave.  It  seems  unlikely  too  that  there  will  be  much 
change in the gender pay gap.  

Even though the demographic problem of an ageing society and the need to increase labour 
market  participation  rates  should  induce  the  Member  States  to  take  measures  to  encourage 
more women to enter the labour market, it could take a long time before the Member States 
themselves  adopt  such  measures  and  before  they  take  effect.  The  Joint  Employment  Report 
for 2007/08 points out that ‘the responsiveness of European labour markets to the challenges 
of  globalisation  and  ageing  remains  insufficient’108  and  the  latest  progress  report  on  the 
Lisbon strategy states that ‘Member States should take further steps to promote gender equality 

102 

103 

104 

105 

106 

107 

108 

Decision  No  1672/2006/EC  of  the  European  Parliament  and  of  the  Council  of  24 October  2006 
establishing  a  Community  Programme  for Employment  and  Social  Solidarity  —  Progress  (OJ  L  315, 
15.11.2006, p. 1). 
Regulation  (EC)  No 1081/2006 of  the  European Parliament  and of  the Council  of 5  July  2006 (OJ L 
210, p. 12). Article 6 provides for the monitoring of gender equality in the context of the ESF. 
March 2005 framework programme; see at: 
http://ec.europa.eu/employment_social/news/2005/mar/gender_equality_en.pdf.  
Babies and Bosses — Reconciling Work and Family Life: A Synthesis of Findings for OECD 
Countries; new volumes are published annually; see: 
http://www.oecd.org/document/45/0,3343,de_2649_201185_39651501_1_1_1_1,00.html. 
Austria, Bulgaria, Cyprus, Hungary, Italy, Lithuania, Luxembourg, Rumania, Slovakia. Source: ILO 28 
July 2008. 
see Report from the Commission to the Council, the European Parliament, the European Economic and 
Social  Committee  and  the  Committee  of  the  Regions  on  equality  between  women  and  men  —  2007 
(COM(2007) 49 final), p. 5, footnote 17. 
Joint Employment Report 2007/8, p. 4. 

EN 

24 

   EN 

 
                                                 
on  the  labour  market’109.  It  therefore  seems  that  some  of  the  Member  States’  own  efforts 
currently lack drive. 

To  continue  at  the  same  pace  will  clearly  be  insufficient.  The  Member  States  will  need  the 
participation  of  more  women  on  the  labour market, not  only for solving the problems of an 
ageing society but also for competitiveness at global level. In recent years, most of the jobs 
created in the EU have been taken by women. But economic growth will decline from around 
2.4%  today  to  1.2%  in  2030-50  if  more  people  do  not  enter  the  labour  market110.  Greater 
participation by women is therefore vital. The Member States also need a stable birth-rate if 
they  are  to  cope  with  the  demographic  problem.  As  noted  above  in  section  4.2.1,  Member 
States with high rates of female employment also have fertility rates significantly above the 
average111.  To  a  large  extent  they  are  also  the  Member  States  that  offer  the  most  effective 
reconciliation policies. 

The added value of EU action 

The contribution of the successful reconciliation to key policy objectives is recognised at EU 
level. However the reconciliation measures introduced by the Member States vary in terms of 
policy priorities, legal entitlements, and an explicit focus on gender equality. Some encourage 
the  supply  of  public  and  private  care  services,  others  seek  to  improve  part-time  working 
opportunities. In some countries reconciliation is still regarded as essentially a woman's affair, 
while  others  recognise  the  role  of  men  in  care  and  family  responsibilities,  notably  by 
encouraging  men  to  take  up  parental  or  paternity leave. Some Member States have recently 
created new rules to encourage women to have children (Estonia for instance, by providing a 
payment  of  100%  of  average  earnings  with  a  high  ceiling).  Other  Member  States  have 
focussed  on  providing  a  high  earnings-related  payment  during  parental  leave  as  well  as  on 
involving  more  fathers  in  taking  family-related  leave  (Germany  recently,  for  instance; 
Finland, Denmark and Sweden traditionally, too). Some Member States have recently created 
paternity leave rights (Slovenia and France, for example).  

A Community-wide measure is necessary to ensure a common minimum standard and thus a 
level playing-field between the Member States. Measures in this area can help Member States 
which do not have in place specific reconciliation policies to adapt to the new challenges. The 
EU  could  create  more  harmonised  rules  by  adopting  specific  measures  focusing  on  better 
reconciliation  measures,  and  the  participation  rates  of  women  with  children,  thus  offering 
more choice for fathers to share family responsibilities.  

While national  traditions and policy choices have to be respected, the EU must take further 
action  in  order  to  promote  women's  employment  and  exploit  the  full  potential  of  women's 
talents. Since large discrepancies remain between actual and preferred employment patterns, it 
seems clear that women in general want to work more. There is therefore great potential for 
increasing  female  labour-market  participation112.  Some  comprehensive  studies  on  European 
countries show that introducing parental leave legislation has raised female employment rates 

109 

110 
111 
112 

Strategic report on the renewed Lisbon strategy for growth and jobs: Launching the new cycle (2008-
2010),COM(2007) 803 of 11 December 2007, p. 6. 
See Commission Communication The demographic future of Europe (COM(2006) 571 final), p. 5. 
Ibid. p. 18. 
Jaumotte,  Female  labour  force  participation:  past  trends  and  main  determinants  in  OECD  countries, 
OECD Economics Department Working Paper No 376, 2003. 

EN 

25 

   EN 

 
                                                 
by  3%  to  4%,  and  even  more  for  women  of  childbearing  age113.  Under  the  conditions 
provided in some Member States fathers do not avail themselves of family-related leave.  

Does the EU have the right to act? 

The Commission has a right to act according to Article 137(1) and 141 EC Treaty114. 

6. 

OBJECTIVES 

The  overall  objectives  are  to  contribute  to  the  strategy  for  more  growth  and  better  jobs  by 
achieving more gender equality in labour market participation rates and allowing women and 
men to achieve a better reconciliation of their professional, private and family lives.  

The more specific objectives are (in order of importance) to: 

(1) 
(2) 
(3) 
(4) 
(5) 

reduce the difference in employment rates of women with and without children; 
widen the scope of family-related leave and the conditions for taking it; 
reduce the gender imbalance in taking the leave115;  
give financial support during leave; 
ensure that taking family-related leave does not lead to discrimination or to weakened 
job security.  

7. 

POLICY OPTIONS 

This section will explain the options which are available to achieve the objectives. As regards 
the  legally  binding  options,  significant  elements  will  be  dealt  with  in  the  social  partners' 
negotiations  on  parental  leave.  At  the  end  of  the  period  of  the  social  partners  negotiations 
(maximum  nine  months),  the  Commission  will  then  take  the  necessary  action  to  give  legal 
effect to the new agreement by means of a Directive or, if the negotiations fail, will consider 
whether to present its own legislative proposal(s).  

7.1. 

No action at all, non-binding measures, binding measures 

No new action at EU level 

No action at EU level would mean that the Member States continue to move at their own pace 
as has been shown under section 5.2. 

Non-binding measures 

Recommendation:  A  recommendation  to  the  Member  States  could  urge  them  to  step  up  the 
process of developing better reconciliation measures including the provision of care facilities.  

Communication: A communication could address the relationship of reconciliation policies to 
other key policies and the consequences of not acting. 

113 

114 
115 

The Impact of Family-Friendly Policies in Denmark and Sweden on Mothers' career Interruptions due 
to  Childbirth,  Pyllänen/Smith,  Institute  for  the  Study  of  Labour,  2004,  IZA  DP  No  1050,  p.  1  with 
further references. 
See details in Annex I. 
See  also  the  demands  and  objectives  included  in  2007  ILO  report  'Equality  at  work:  Tackling  the 
challenge', p. 87. 

EN 

26 

   EN 

 
                                                 
Report:  a  report  could  present  the  state  of  play  of  reconciliation  measures  in  the  different 
Member States. 

Open  method  of  coordination  (OMC):  the  effectiveness  of  this  method  depends  to  a  large 
extent  on  jointly  agreed  and  easily  applicable  indicators.  These  could  include  targets  for 
female  employment  rates,  female  poverty  rates,  childcare  rates,  and  rates  to  measure  the 
gender balance in the take–up of parental leave. Some of these indicators already form part of 
the Lisbon strategy. The EES uses an OMC based on five key principles116. The OMC uses 
quantified  measurements,  targets  and  benchmarks  with  a  view  to  proper  monitoring  and 
evaluation of progress. 

Exchange  of  information  and  good  practice:  various  measures  could  be  considered,  such  as 
setting up a committee of national senior civil servants or making use of the existing ones. 

Legally binding measures 

Legally binding measures could be directives or regulations. According to Article 137(2) EC 
only  directives  (and  not  regulations)  are  allowed  in  order  to  improve  working  conditions. 
Therefore, the only suitable legally binding measure in the area of reconciliation would be a 
directive.  A  directive  based  on  Article  137(2)  EC  could  lay  down  a  minimum  framework. 
However, a directive could not cover care facilities, because this issue is not linked to labour-
market opportunities or equal treatment at work. 

7.2. 

Preliminary screening of options other than no new EU action  

Preliminary  screening  of  options  other  than  no  new  EU  action  has  taken  account  of  the 
principle of subsidiarity (the EU only takes action where it is more effective than action taken 
at  national,  regional  or  local  level),  proportionality  (the  extent  of  the  action  must  be  in 
keeping  with  the  aim  pursued),  efficiency  (an  appropriate  relationship  between  ends  and 
means), effectiveness (ability to achieve the desired effect) and consistency (with fundamental 
principles and other Commission policies). 

7.2.1.  Legally non-binding measures 

As has been demonstrated above in section 5.2, not to act at all at EU level is not a preferable 
option. A recommendation, a communication or a report could offer guidance to the Member 
States  on  ways  of  introducing  new  measures  in  the  area  of  reconciliation.  However,  the 
Member States are free to react as they see fit to such recommendations, communications and 
reports. Even minimal progress is hard to predict and cannot be guaranteed by such measures. 
Furthermore, elements of these policies form part of the existing OMC (see below). Targets 
already exist for childcare as agreed in Barcelona and the Commission report in autumn 2008 
looks at the Member States’ achievements in meeting them117. Moreover, the European Pact 
for  Gender  Equality  agreed  by  the  Member  States  at  the  2006  Spring  European  Council 
encouraged them to promote a work-life balance for all by achieving the Barcelona targets in 
terms of provision of childcare facilities. Lastly the European social partners' Framework of 
actions on gender equality adopted in 2005 acknowledges the need to increase the availability 

116 

117 

Subsidiarity (balance between action at EU and Member State levels), convergence (concerted action), 
mutual  learning  (exchange  of  good  practice),  integrated  approach  (structural  reforms  extending  to 
social, educational, tax, enterprise and regional policies) and management by objectives. 
COM(2008)598 

EN 

27 

   EN 

 
                                                 
of accessible, affordable childcare facilities of good quality. Further targets in this area do not 
seem  necessary  and  a  general  recommendation  on  better  reconciliation  policies  is  likely  to 
have little practical effect. The OMC is already used in connection with the Lisbon targets for 
employment and the Barcelona targets for childcare. It therefore already covers a major area 
of reconciliation policies. This measure therefore does not seem to be an effective option. 

An exchange of information remains useful and will be instituted as indicated above.  

Dissemination  of  best  practice  for  reconciliation  policies  could  provide  a  good  means  of 
achieving the above objectives. As from 2008 and in collaboration with the High-Level Group 
on Gender Mainstreaming, the Commission will organise the exchange and dissemination of 
good  practice  inter  alia  on  reconciliation.  The  Advisory  Committee  on  Equal  Opportunities 
could  exchange  information  with  the  Commission  on  national  reconciliation  policies  and 
provide their opinion on developments.  

In  conclusion,  legally  non-binding  measures  on  their  own  cannot  ensure  that  sufficient 
progress is made towards reaching the objectives set out above. Moreover, certain targets in 
the area of reconciliation are already covered by the existing OMC. However, dissemination 
of best practices could make an important contribution to improving reconciliation policies. 

7.2.2.  Legally binding measures 

A legally binding instrument creates a clear framework of minimum rights and obligations. In 
1992 and 1996 respectively, maternity and parental leave were introduced by legally binding 
instruments at European level. Many societal and other developments have taken place since 
then  as  highlighted  by  the  Commission  in  ‘The  Renewed  Social  Agenda:  Opportunities, 
access and solidarity in 21st century Europe’.118  

As  the  problem  analysis  demonstrated,  there  is  potential  (and  a  need)  for  a  higher  female 
participation  rate  on  the  employment  market.  The  Lisbon  strategy  has  been  instrumental  in 
inducing  the  Member  States  to  help  bring  this  about.  However,  maternal  participation  rates 
still  remain  relatively  low.  Setting  new  minimum  standards  by  legislation  could  trigger 
change.  New  legislation  could  also  provide  more  scope  for  fathers  to  participate  in  family-
related  leave.  The  option  of  legally  binding  measures  will  therefore  be  assessed  in  further 
detail. The following sub-options were identified in the second-stage consultation paper sent 
to the European social partners119: amending the existing Directive 92/85/EEC; amending the 
existing Directive 96/34/EC; introducing provisions on other forms of leave namely adoption 
leave, paternity leave and 'filial' leave to care for elderly or dependent family members120.  

Conclusion: a legally binding measure could ensure that common minimum standards apply 
in  all  Member  States.  A  legislative  instrument  has  potential  in  terms  of  achieving  the 
objective  of  providing  a  more  equal  sharing  of  family  responsibilities  and  higher  labour-
market  participation  of  women  with  children.  However,  any  such  instruments  could  be 
combined with non-binding measures, such as dissemination of good practice. On childcare, a 
binding measure is not possible, as the Commission has no competence. 

118 
119 
120 

COM(2008)412 
See at http://ec.europa.eu/employment_social/social_dialogue/docs/reconciliation2_en.pdf, p. 9. 
See at http://ec.europa.eu/employment_social/social_dialogue/docs/reconciliation2_en.pdf, p. 8. 

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8. 

IMPACT ANALYSIS  

Following the preliminary screening, the following options have been identified: 
•  No new action at EU level (Option 1) 
•  Dissemination of best practice (Option 2) 
•  One or more directives to improve leave arrangements (Option 3). The following options 
will be assessed: Option 3a — amending Directive 92/85/EEC; Option 3b — amending 
Directive 96/43/EC; Option 3c — introducing adoption leave; Option 3d — introducing 
paternity leave; and Option 3e — introducing filial leave. 

Each option will be assessed as to economic and social impact (environmental impact appears 
to be negligible and will therefore not be assessed). 

8.1. 

Impact of no new action at EU level (Option 1) 

If no action is taken at EU level, the pace of creating better reconciliation measures in some 
Member  States  will  remain  slow  and  so  will  the  increase  in  labour-market  participation  by 
women  with  children.  Furthermore,  women  will  continue  to  be  the  main  carers  in  these 
countries (see also section 5.2). 

Economic and social impact 

As mentioned above, according to Commission projections in 2007121, even in 2025 women 
will not have achieved equality in terms of participation in employment. A large number of 
women  with  children  will  continue  to  participate  insufficiently  or  not  take  part  at  all  in  the 
labour  market.  This  generates  economic  costs:  a  significant  percentage  of  women  are  not 
paying  social  security  contributions  and  are  not  accumulating  pension  rights,  and  society  is 
not taking advantage of their education and training122. As the gap between the employment 
rate  of  women  with  children  and  those  without  children  has  not  changed  very  much  at  EU 
level  in  recent  years,  it  seems  that  some  Member  States'  own  efforts  lack  drive  at  present. 
Children have a huge impact on the mother's employment for instance in the Czech Republic, 
Hungary,  Malta  and  Slovakia.  With  the  exception  of  Malta  the  situation  in  2007  has  even 
worsened slightly compared to 2000123. 

If  no  action  is  taken,  the  present  situation  will  prevail  in  several  Member  States,  shaping 
caring and family work in a way which does not reflect the needs or potential of women. It 
will perpetuate the limited ability of women with children to participate in the labour market 
and to have careers on a par with their training and capacities. It will mean that the gender pay 
gap  decreases  only  slowly.  The  pay  gap  has  developed,  at  EU-27  level,  from  17  %  to  16 
percentage points in 1999 to 15 % in 2003 thereafter remaining stable until 2006124. However, 
as regards more flexibility in working hours linked to reconciliation, the political agreement 
reached by the Council in June 2008 regarding amendment of the Working Time Directive125 
provides  inter  alia  that  Member  States  should  encourage  employers  to  examine  requests  for 
changes  to  such  working  hours  and  patterns,  subject  to  business  needs  and  to  the  need  for 

121 
122 

123 
124 
125 

Report from the Commission on equality between women and men – 2007. COM(2007) 49 final, p. 7. 
In recent research for the UK, the under-utilisation of women's skills has been calculated to cost around 
£11bn a year: see TUC, Closing the gender Pay Gap, 2008, p. 5. 
See table 10 in Annex 4. 
See COM(2007)424, Tackling the Pay gap between women and men, page 18. 
Of the European parliament and of the Council of 4 November 2003 concerning certain aspects of the 
organisation of working time, OJ 2003 L 299/9; see the exact wording of the proposal in Annex I. 

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flexibility on the part of both employers and workers. It cannot be taken for granted that the 
proposed changes will enter into force. Measures to improve flexibility will therefore be dealt 
with in the context of amending maternity leave taking into account the existing proposal.  

Conclusion: Overview table — Option 1: no new action at EU level 

Objective to be 
achieved/problem addressed 

differences 

Reduce 
in 
employment  rate  of  women  with 
and without children 

Widen the scope of family-related 
leave and the conditions for taking 
it 

financial  support  during 

Reduce  the  gender  imbalance  in 
taking leave 
Give 
leave 
Enhance  job  security  and  fight 
discrimination 

Rating of impact 
against baseline 
scenario 
0 

Comments 

Existing framework continues; Member States will try to achieve 
Lisbon employment targets 

0 

0 

0 

0 

Existing  measures  continue  but  progress  cannot  be  taken  for 
granted. However the option to ask for flexible working could be 
introduced  (cf  therevised  proposal  to  amend  the  Working  Time 
Directive) 
Men's  share  of  family  responsibilities  will  not 
substantially 
Increases in payments possible, albeit unpredictable 

increase 

No progress 

8.2. 

Impact of dissemination of best practices (Option 2) 

Encouraging the dissemination of best practices may be a good way to address reconciliation 
issues in both the private and public sector. It may be used in order to target specific problems 
where  the  general  nature  of  legislation  is  not  always  suitable.  The  dissemination  of  best 
practices  could  support  the  work  of  European  social  partners  in  the  field.  Its  effectiveness 
would depend on the degree of application of these practices in the respective Member States.  

Economic and social impact 

It is difficult to assess the impact of the dissemination of best practices, because it will depend 
largely on the content and coverage. However, according to the cost/benefit calculation126 in 
the  work-life-balance  project  carried  out  in  Germany,  in  2020  Germany’s  GDP  would  be 
1.3% higher, the country would have produced 221 000 new jobs and it would have a higher 
birth-rate  and  lower  social-security  contributions  if  effective  reconciliation  measures  were 
offered  for  30%  of  employed  persons.  Like  the  economic  impact,  the  social  impact  is 
expected to be positive. 

Conclusions:  the  dissemination  of  best  practices  could  help  to  achieve  a  better  work-life 
balance. From the viewpoint of subsidiarity, this option provides for decision-making at the 
level concerned. From the proportionality viewpoint, the dissemination of best practices goes 
no further than necessary. However, there is no assurance that Member States will introduce 
these best practices.  

Overview table — Option 2: Dissemination of best practices 

Objective to be achieved/problem 
addressed 

Rating of impact 
against baseline 
scenario 

Comments 

126 

'Work-Life-Balance  als  Motor  für  wirtschaftliches  Wachstum  und  gesellschaftliche  Stabilität';  report 
with  the  same  name  was  published  in  2005  by  the  'Bundesministerium  für  Familie,  Senioren,  Frauen 
und Jugend' see p. 8. 

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30 

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Reduce  differences  in  employment  rate  of 
women with and without children 

Widen the scope of family-related leave and 
the conditions for taking it 
Reduce  the  gender  imbalance  in  taking 
leave 
Give financial support during leave 

Enhance 
discrimination 

job 

security 

and 

fight 

0/+ 

0/+ 

0/+ 

0/+ 

0/+ 

By  offering  better 
women's employment rates could increase 

reconciliation  policies, 

Could generate positive results  

Could  have  an  influence  on  men's  decision  to 
become involved more in family responsibilities  
Could  have  an  influence  on  payment  during 
family-related leave 

 Progress not predictable 

8.3. 

Impact of legislative measures (Option 3) 

Legislative measures are based on Article 137 EC Treaty and for some of the options possibly 
on  Article  141  EC  Treaty.  The  different  options  will  first  be  presented  separately  and  then 
together as a 'package', taking the non-legislative measures into account too.  

8.3.1.  Amending maternity leave provisions (Option 3a) 

Longer maternity leave and offering better compensation were considered in the second-stage 
consultation  of  the  social  partners127.  The  European  social  partners  have  informed  the 
Commission in July 2008 that they will engage in formal negotiations on parental leave but 
not on maternity leave. 

This  assessment  focuses  on  the  following  option  for  amending  Directive  92/85/EEC 
(Maternity Leave Directive): 

•  extending maternity leave from 14 to 18 weeks with payment increased from sickness pay 

to 100% of former salary (with ceiling not lower than sickness pay); 

•  flexibility  measures  such  as  a  right  to  ask  for  flexible  work  patterns  after  the  end  of 

maternity leave (part-time for instance);  

•  protection of women returning to their work from maternity leave is ensured in the existing 
directives128  but,  for  reasons  of  clarity,  this  provision  should  be  included  in  Directive 
92/85/EEC too129.  

Choice  of  option/exclusion  of  other  options:  an  option  which  is  too  far  removed  from  the 
current  situation  in  Member  States  could  not  be  considered  as  a  'minimum  standard'  and 
would  therefore  not  be  compatible  with  the  legislative  instrument  of  a  directive.  Four  more 
weeks of maternity leave takes into account the current provisions in place in a considerable 
number  of  Member  States.  A  maternity  leave  of  18  weeks  with  full  pay  is  in  line  with  the 
recommendations  issued  by  the  ILO130.  The  extension  could  help  women  to  stay  in 
employment  while  having  children,  particularly  if  combined  with  other  measures.  Also,  a 

127 
128 
129 

130 

See http://ec.europa.eu/employment_social/social_dialogue/docs/reconciliation2_en.pdf, p. 9. 
See Annex I. 
As to the correct application of the current legal provisions, the Commission is commissioning a study 
on penalties which will be completed in 2009 in order to find out whether penalties applicable in the 
Member  States  in  cases  of  discrimination,  among  others,  on  grounds  of  gender  are  dissuasive  and 
applied in a way consistent with other comparable cases. 
ILO Maternity Protection Recommendation R 191, 2000, Article 1. 

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payment of between 80% and 100% is already available in the majority of Member States and 
thus can be considered as the 'minimum standard'.  

Economic impact 

•  Economic impact of longer and better paid maternity leave 

There are two main types of cost related to maternity leave: the allowance paid to the woman 
and the cost of replacing her.  

As Annex III shows, many Member States already provide for payment of between 80% and 
100%  of  average  earnings131  during  maternity  leave  and  several  Member  States  provide  for 
maternity  leave  of  18  weeks  or  longer.  As  the  ECORYS  study  shows,  the  actual  economic 
costs  vary  from  Member  State  to  Member  State  and  will  depend  on  how  close  the  existing 
provisions in the relevant Member State are to the options under consideration. The table in 
Annex V gives a detailed list of generalised factors to be considered in order to calculate costs 
and benefits of extended leave schemes.  

However,  in  general,  the  socio-economic  costs  of  this  option  are  estimated  to  be  low.  They 
comprise some production losses due to a slight increase in the number of persons making use 
of  the  leave  scheme  and  some  tax  distortion  costs132  needed  to  finance  the  higher  rates  of 
payment.  These  additional  costs  range  from  0.006%  of  GDP  in  Hungary  to  0.05%  in 
Belgium133,  and  in  absolute  terms,  from  €9196   million  in  France  to  €101  million  in 
Hungary134.  To  get  some  idea  of  public  expenditure  and  shares  of  GDP,  it  is  important  to 
know that in the OECD countries for example, on average 0,7% of GDP is spent on childcare 
and early education services135.  

The ECORYS study calculated that in the eight Member States chosen an average increase of 
about 0.1 percentage points in female labour-market participation would be needed to offset 
the additional cost incurred. The study  is inconclusive as to whether this increase in female 
labour-market participation can be achieved or not. In any event, some comprehensive studies 
on  European  countries  conclude  that  legislation  on  family-related  leave  has  raised  female 
employment  rates  by  3%  to  4%,  and  even  more  for  women  of  childbearing  age136.  The 
ECORYS study furthermore states that it is very difficult to assess the benefits of the options 
in a quantitative way. Of course, the costs calculated by the ECORYS study can be reduced if 
Member States introduce a ceiling to the payment granted during maternity leave. However, 
the option provides that the ceiling cannot be less than sickness pay.  

131 

132 

133 
134 

135 

136 

See comparative tables on social protection (MISSOC) at: 
http://ec.europa.eu/employment_social/spsi/missoc_tables_fr.htm#table2007; it is not always clear 
whether this is the case because sickness pay equals a 100% payment of former salary or whether 
Member States granting 100% payment have gone beyond sickness pay. 
Tax distortion costs arise as a result of an increase in the income from other taxes needed to finance the 
higher payment for leave. 
0.01% in Denmark, 0.01% in Spain, 0.03% in France, and 0.02% in the UK. 
€2287 million in Belgium, €290 million in Denmark,
€5962 million in the UK; 
 €1493 million in Spain, 
Poland and Estonia have already put this option into operation; the total costs are calculated on a 20-
year basis measured as Net Present Values (NPV). 
See OECD under 
http://www.oecd.org/document/9/0,3343,en_2649_34637_38141385_1_1_1_1,00.html. 
The Impact of Family-Friendly Policies in Denmark and Sweden on Mothers' career Interruptions due 
to  Childbirth,  Pyllänen/Smith,  Institute  for  the  Study  of  Labour,  2004,  IZA  DP  No  1050,  p.  1  with 
further references. 

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The  extent  to  which  the  cost  of  the  maternity  allowance  falls  on  businesses  depends  on  the 
extent  to  which  the  payment  is  financed  by  the  employer  or  the  state.  Other  costs  for  the 
employer arising from maternity leave can be hiring a temporary replacement for the absent 
worker and a temporary reduction in productivity137.  

However,  a  positive  effect  of  longer  maternity  leave  could  be  that  female  workers  in  some 
cases  do  not  need  to  take  parental  leave  after  maternity  leave,  thus  making  it  easier  for  her 
employer to calculate the length of her absence. 

•  Economic impact of flexibility measures 

The right to ask for flexible working time is included in Article 2b of the proposal to amend 
Directive  2003/88/EC  on  the  organisation  of  working  time  (see  exact  wording  in  Annex  I). 
Should  this  article  be  retained  in  the  final  text,  its  application  to  women  returning  from 
maternity  leave  could  ease  their  re-entry  into  employment  and  possibly  reduce  the  need  to 
take additional parental leave after their maternity leave.  

As  such  a  right  implies  no  obligation  on  the  employer,  there  are  no  calculable  costs.  A 
common type of flexibility is the possibility to work part-time but other possibilities could be 
full-time  working  but  with  a  different  distribution  of  hours.  As  discussed  above,  part-time 
working  has  a  negative  effect  on  salary,  promotion  and  career  prospects138,  but  the  type  of 
flexibility  here  would  enable  the  mother  to  return,  in  time,  to  full  time  working  rather  than 
having to find part-time employment. In the UK, where the right to request flexible working 
patterns  was  enacted  in  2003139,  it  has  had  a  major  influence  on  women  staying  with  their 
original employer140. 

In general, flexible working patterns are advantageous to companies. For example, stress for 
employees  could  be  reduced;  less  absenteeism  could  reduce  costs  for  employers.  Estimates 
suggest that stress-related absenteeism generates major costs for companies.  

By introducing family-friendly policies, HSBC bank trebled the number of women returning 
to  work  after  maternity  leave,  saving  the  bank  millions  of  pounds  in  recruitment  costs141. 
According to the work-life-balance project carried out in Germany, Germany’s GDP in 2020 
would be 1.3% higher, the country would have produced 221 000 new jobs and would have a 
higher  birth-rate  and  lower  social-security  contributions  if  reconciliation  facilities  were 
available  for  30%  of  employed  persons.  The  benefits  for  employers  therefore  could  be: 
savings from reduced recruitment; lower absentee142 and sickness rate; savings from a higher 
retention  rate,  better  morale  and  productivity;  increased  returns  on  investments  in  training; 
and enhanced corporate image. Enterprises offering flexible working patterns are also able to 

137 

138 
139 
140 

141 

142 

Reconciliation of work and private life, A comparative review of thirty European countries, EU Expert 
Group, European Commission, 2005, p. 74; Rump/Eilers, Beschäftigungswirkungen der Vereinbarkeit 
von Beruf und Familie, 2006, p. 54. 
See above under 4.4.1. 
See evaluation in BERR, May 2008, Right to request flexible working. 
Maternity  and  Paternity,  Rights  and  Benefits,  Survey  of  Parents  2005,  Smeaton/Marsh,  p.  57;  in  the 
UK, 87% of workers agree that employers should make a special effort to accommodate the particular 
difficulties parents of young and disabled children face and 92% feel that they can work best when they 
can balance their work and the other aspects of their life, see Employment relations research series no. 
86, Department for Business, November 2007, p. 8.  
See  Reconciliation  of  work  and  private  life,  A  comparative  review  of  thirty  European  countries,  EU 
Expert Group, European Commission, 2005, p. 75. 
Family-friendly  measures  reduced  absenteeism  by  34%;  see  Schaffnit-Chatterjee,  Frauen  auf 
Expedition – in das Jahr 2020, Deutsche Bank Research, Mai 2008, p. 16. 

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attract more women143. Canadian estimates of the direct and indirect costs of workers lacking 
reconciliation  facilities  are  between  C$3.9  billion  and  C$8.7  billion  per  year144.  A  model 
analysis  for  a  fictional  medium-sized  company  in  Germany  came  to  the  conclusion  that 
savings due to the introduction of family-friendly policies would be around 25%145. Some of 
these  benefits  could  also  occur  if  following  maternity  leave  a  woman  is  entitled  to  ask  for 
flexible working hours. Moreover, measures to facilitate reconciliation are the most effective 
in attracting more women and thus helping enterprises to perform better146. 

Social and health impact 

A  longer  period  of  being  at  home  and  of  breastfeeding  helps  the  mother  to  avoid  certain 
illnesses, as was stressed in the contribution of the 'Ordre des sages-femmes' (see Annex II) 
referring to recent studies. It would allow mothers to build up a stable relationship with their 
child  and  recover  completely  from  giving  birth.  It  also  allows  more  time  for  breastfeeding. 
Payment which reflects previous earnings would mean that women do not lose out financially 
during  maternity  leave.  Also,  it  might  become  easier  to  return  to  the  labour  market  after  a 
longer period of maternity leave147, when the child has become a little bit older, thus making 
it easier to find appropriate care facilities.  

While  there  is  some  evidence  that  entitlement  to  a  lengthy  leave  period  which  can  only  be 
taken  by  the  mother  can  have  a  negative  impact  on  women's  employability148,  this  research 
concerned very long maternity leave periods (in some of the OECD countries covered in the 
research, maternity leave lasts for more than a year) so the risk does not seem relevant to an 
option which only extends maternity leave by four additional weeks in ten Member States.  

The view of the Advisory Committee and Member States 

The  Advisory  Committee,  in  its  opinion  of  3  July  2008,  recommends  extending  maternity 
leave to 24 weeks and guaranteeing an income equivalent to full salary.  

143 

144 
145 

146 

147 

148 

in 

to 

the 

same 

came 

Line) 

2007; 

conclusion 

According  to  recent  research,  enterprises  with  women  on  the  board  also  show  better  performance: 
Desvaux e.a;, McKinsey Report, Women matter, 2007, pp. 12 and 13; other US research ('Catalyst', The 
Bottom 
see: 
http://www.catalyst.org/knowledge/bottomline2.shtml;  also  see  the  same  result  for  Finland:  Kotirnata 
e.a., Female leadership and Firm Profitability, EVA Analysis No 3, 2007, p. 3.  
Quoted in: Babies and Bosses, reconciling work and Family life, OECD 2007, p. 184. 
Erziehung,  Haushalt  und  Beruf:  Anforderungen  und  Unterstützung 
für  Familien,  Monitor 
Familienforschung, Bundesministerium für Familie, Senioren, Frauen und Jugend, Ausgabe 4-8, 2006, 
p.  36;  see  also:  Work  Life  balance,  Management  Practices  and  Productivity,  Bloom/Kretschmer/Van 
Reenen, Centre for Economic performance, 2006, p. 26. The latter finds that there is neither a positive 
nor a negative influence on productivity. 
Desvaux e.a., McKinsey Report, Women matter, 2007, p. 20; see also Global Economics Paper No 154, 
Goldmann Sachs 2007, p. 16 on the 'Woman 30' index. 
See  Rüling/Kassner,  Familienpolitik  aus  der  Gleichstellungsperspektive,  Ein  europäischer  Vergleich, 
2007,  p.91;  Schönberg/Ludsteck,  Maternity  leave  legislation,  Female  Labor  Supply  and  the  Family 
Wage Gap, IZA DP No 2699, p.33. 
See  above  under  the  heading  'Labour  market  discrimination  against  women  (or  parents)  with  small 
children'; D'Addio/D'Ercole, Trends and Determinants of Fertility Rates in OECD Countries: the role of 
policies,  OECD  Social,  Employment  and  Migration  working  paper  27,  2007,  p.56;  as  this  research 
points out, negative effects can be counterbalanced by incentives for employers to favour the return of 
mothers into work. 

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In their replies to the questionnaire, some Member States stressed that this option should not 
lead  to  additional  burden  for  employers149.  Otherwise,  employers  would  try  to  avoid 
employing women. Some Member States are in favour of increasing the duration of maternity 
leave  (AT,  BU,  EE,  EL,  FI,  HU,  IT,  PT,  SK,  SL);  some  Member  States  are  in  favour  of 
increasing the payment (BU, FR, IT, SL, ES). Some Member States point out that pregnancy 
cannot be seen as an illness; therefore the idea of sickness is misleading.  

The  Austrian  and  Bulgarian  contribution  stressed  that  any  amendments  should  not  have 
negative effects on women's employability. Sweden, referring to both maternity and parental 
leave, stressed that increasing the payment and extending the duration would in the short term 
imply an overall reduction in job offers for women but that, on the other hand, high levels of 
payment and long leave periods improve the circumstances for parents to have the number of 
children  they  wish  and  to  give  parents  better  opportunities  to  combine  their  careers  and 
private life. The French and the Italian contribution both made the point that a high payment 
has  a  positive  impact  on  demography.  The  Lithuanian  contribution  emphasised  that  a  more 
flexible  framework  for  maternity  leave  would  be  helpful.  The  Belgian  government  stressed 
that a longer duration should only be considered if women's health is the goal; otherwise other 
forms  of  leave  like  parental  leave  should  be  improved.  Spain  stressed  that  the  amendments 
should not lead to an additional burden on employers. The German contribution presented the 
view  that  there  is  no  new  medical  research  leading  to  the  conclusion  that  maternity  leave 
should be longer. 

Conclusion: Although a high level of payment seems already to be ensured in many Member 
States, the guarantee of full payment during maternity leave improves the conditions of this 
form of leave in some Member States (see next paragraph). Some Member States will have to 
make adjustments to the current level of payment during maternity leave (i.a. BU, CZ, HU, 
IE, IT, RO, SE, SK, UK150). Furthermore, with respect to the length, even if in many Member 
States 18 weeks maternity leave is already in place, some Member States will have to adapt 
their legislation (AT, BE, DE, ES, FR, LV, MT, NL, PT, SI).  

Providing better payment and a longer duration for maternity leave therefore is a meaningful 
and valuable means of support in terms of better reconciliation measures. The objectives will 
be met with the exception of reducing the gender gap in taking family-related leave. As some 
Member  States  have  stressed,  better  maternity  leave  provisions  could  also  have  a  positive 
impact on birth rates.  

In  terms  of  impact  on  female  employment  rates,  longer  maternity  leave  can  have  a  positive 
effect.  It  might  be  easier  for  women  to  stay  in  the  workplace151.  A  longer  maternity  leave 
period  could  be  a  helpful  way  to  bridge  the  time  before  childcare  is  available.  This  is 
especially relevant for the 14% of households with dependent children which are managed by 
a single parent, mainly the mother. 

Subsidiarity  and  proportionality:  A  directive  would  respect  the  principle  of  subsidiarity, 
since  it  is  necessary  to  adapt  already  existing  common  minimum  standards  to  the  new 

149 
150 

151 

Annex II: Bulgaria, Italy, Sweden; Spain stress that there should be no additional burden for employers. 
Here and in the following assessments for the other options only the information is used which Member 
State have transmitted as a reply to the questionnaire, see Annex II and III. 
Rüling/Kassner, Familienpolitik aus der Gleichstellungsperspektive, Ein europäischer Vergleich, 2007, 
p. 91; Schönberg/Ludsteck, Maternity Leave Legislation, Female Labor Supply and the Family Wage 
Gap, IZA DP No 2699, 2007, p.33. 

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35 

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challenges  of  increasing  the  employment  rate  of  women  with  children  and  offering  better 
reconciliation opportunities in general. It will thus continue to provide for a level playing field 
between the Member States for the protection of pregnant workers. It would also respect the 
principle  of  proportionality  (a  directive  amending  Directive  92/85/EC  in  the  way  discussed 
here  introducing  improved  standards  would  be  a  proportionate  action  to  achieve  the  aim  of 
better reconciliation and could help to increase the employment rates of women with children. 
The proposed levels do not go beyond international agreed standards (ILO recommendation). 
This could help to increase employment rates of women with children). A directive would be 
efficient  since  it  would  leave  the  widest  latitude  to  the  Member  States  to  implement  the 
measure  in  the  context  of  their  national  social  model  (many  Member  States  have  already 
introduced  a  longer  duration  of  leave  and  a  higher  payment  and  would  not  need  to  make 
major changes to their legislation). A directive would be effective because it would create the 
desired  effects  and  would  be  in  line  with  fundamental  principles  and  other  Commission 
policies, namely the principle of gender equality and the Lisbon strategy. 

Overview table — Option 3a: amending Directive 92/85/EEC on maternity leave 

Objective to be 
achieved/problem 
addressed 

differences 

Reduce 
in 
employment  rate  of  women 
with and without children 

Widen  the  scope  of  family-
related 
the 
and 
conditions for taking it 

leave 

gender 

the 

Reduce 
imbalance in taking leave 
Give 
financial 
during leave 
Enhance 
fight discrimination 

job  security  and 

support 

Rating of 
impact 
against 
baseline 
scenario 

0/+ 

Comments 

By  offering  longer  leave,  female  employment  rates  could  increase  but  this 
cannot be predicted with certainty  

0/++ 

- 

4  extra  weeks  will  help  mothers  to  recover  more  fully  and  build  a  stable 
relationship  with  the  child.  Some  Member  States  will  have  to  increase  the 
duration; more flexibility in working time when returning to work could help 
mothers to reconcile their responsibilities 
Such leave is available only to women  

0/+ 

Depending on the Member State, better payment will be provided  

+ 

In  terms  of  maternity  leave,  a  high  standard  of  protection  has  already  been 
achieved  (right  to  return  to  the  same  or  equivalent  post,  no  dismissal, 
employment  rights  ensured);  a  clause  banning  discrimination  included  in 
Directive  2002/73/EC  for  reasons  of  clarity  should  be  included  in  the 
Maternity Leave Directive 

8.3.2.  Amending parental leave provisions (Option 3b) 

A preliminary remark: as the European social partners have decided to negotiate on the issue, 
the Commission will have to refrain from coming up with proposals on parental leave for nine 
months, according to Article 138(4), second sentence, EC Treaty. 
As mooted in the second-stage consultation of the social partners152, several changes could be 
made  to  Directive  96/34/EC  (Parental  Leave  Directive).  This  assessment  focuses  on  the 
following: 

•  one additional month of parental leave, granted only if both partners have taken at least one 
month of parental leave beforehand, the whole period of parental leave being remunerated 
at a rate of 66% of the last salary; 

152 

See at http://ec.europa.eu/employment_social/social_dialogue/docs/reconciliation2_en.pdf, pp. 10-13.  

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36 

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•  a clause prohibiting discrimination of workers taking parental leave153.  

Explanation  of  the  option:  this  option  would  mean  that  families  would  receive  one  more 
month of parental leave, which could be taken by either parent. But this additional month will 
only be granted if both parents have already taken some parental leave. The partner who was 
less  involved  must  take  at  least  one  month  of  parental  leave,  before  the  family  can  benefit 
from  the  additional  month.  Under  this  option,  Member  States  remain  free  to  adapt  the 
conditions to the special needs of single-parent families including widows/widowers or same-
sex couples. Whereas for same-sex couples the above option might be applicable as well, in 
single-parent families the condition that the second partner must also be involved in taking the 
leave  is  inapplicable.  In  order  to  help  these  families,  the  additional  month  could  be  granted 
without  this  condition.  Introducing  a  right  to  more  flexible  working  arrangements  was 
discussed under the amendments to maternity leave. It should also be introduced with regard 
to parental leave. 

Choice  of  options/exclusion  of  other  options:  The  'no  payment  for  parental  leave’  option  is 
not discussed here for a number of reasons. First, children are costly in general154. Secondly, 
the 'no payment' option is clearly no incentive for fathers to take parental leave. According to 
a study carried out in the UK, fathers do not take parental leave when it is unpaid155. This also 
applies to the 1995 Swedish reform introducing the paid 'daddy' month, which increased the 
percentage of fathers taking parental leave from 9% to 47%156. The experience in Iceland is 
similar,  with  roughly  90%  of  fathers  using  their  right  to  parental  leave,  which  is  non-
transferable and paid at a rate of 80% subject to no ceiling157. Setting the payment at 100% or 
at the equivalent of sick pay is not a realistic option given the high costs, although Member 
States  and  employers  remain  free  to  go  beyond  the  minimum  level  fixed  in  a  Directive. 
Setting the payment to a lower level than around 66% would not offer fathers a real incentive 
to avail themselves of parental leave as can be seen from the experience in Iceland referred to 
above158. Therefore, this option focuses on a payment of 66% of former salary. 

The option of introducing two or three more months of parental leave has been excluded too. 
As  can  be  seen  in  Annex  III,  many  Member  States  which  go  beyond  the  present  minimum 
level of six months' parental leave do not provide for a payment or only offer payment at a 
lower  rate.  Therefore,  a  moderate  increase  in  duration  could  figure  as  a  new  'minimum' 
standard. 

Economic impact 

•  Economic impact of one additional month of parental leave, granted only where both 
partners have taken at least one month of parental leave beforehand, remunerated at 
a rate of 66% of the last salary (subject or not to a ceiling). 

153 

154 

155 

156 

157 
158 

To  the  effect  that  workers  who  have  exercised,  are  exercising  or  are  entitled  to  exercise  the  right  to 
parental leave are not treated less favourably in terms of their working conditions. 
In France, on average, couples spend 10% to 20% of their income on a child, see: Majnoni d'Intignano, 
Egalité entre femmes et hommes, Paris 1999, p. 25. 
Employment relations, Research series No 50, Maternity Rights and benefits: Survey of Parents 2005, 
pp. 80-82.  
Parental Leave – A Policy Evaluation of the Swedish ‘Daddy-Month’ Reform, Friebel, 2005, Institute 
for the Study of Labour, IZA DP No. 1617, p. 22. 
Gislason, Parental Leave in Iceland - Bringing the Fathers in, 2007, p. 22.  
The same argument applies to an option where the payment is related to an average worker's salary, as 
the average is normally too low to attract enough fathers. 

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37 

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At present, a right to at least seven months of parental leave exists in a majority of Member 
States.  Member  States  which  go  beyond  the  existing  minimum  standard  of  six  months' 
parental  leave  (three  months  to  fathers,  three  months  to  mothers)  often  provide  for  a  low 
payment or no payment at all. Parental leave is paid in a majority of Member States, but the 
rate  varies  considerably  (ranging  from  tax  relief  to  a  100%  payment)159.  Granting  a  benefit 
equal  to  66%  of  the  last  salary  will  therefore  have  an  impact  on  costs  in  two  thirds  of  the 
Member  States.  As  less  than  one  third  of  the  Member  States  have  currently  made  parental 
leave non-transferable, introducing a strict non-transferability clause for one month under this 
option (meaning that at least one month must be taken by the partner who has previously been 
less  involved)  would  cause  a  major  change  for  two  thirds  of  the  Member  States160.  It could 
bring additional salary replacement costs because a certain period of leave must be taken by 
the other, previously less involved, partner; this will very often be the father, who generally 
has a higher salary than the mother. 

The  ECORYS  study  emphasises  that  the  biggest  economic  impact  will  arise  from  a  higher 
rate of payment during parental leave161. They have calculated the cost of an extra month of 
parental leave at a 66% payment rate without ceiling162. Of course, a ceiling could bring down 
the costs considerably and the Member States would be free to introduce one. In the ECORYS 
study the economic impact was calculated on the basis that the extra month would be taken by 
women. Since women on average earn 15% less an hour than men across the EU (gender pay 
gap),  a  non-transferability  clause  would  increase  the  costs  at  EU  level,  if  the  additional 
month’s  leave  were  to  be  taken  by  the  father.  The  ECORYS  study  concluded  that  over  a 
period of 20 years the total costs163 in the eight Member States selected would range from €20 
million in Hungary to €1131 million in Spain. Thes e costs would amount to a percentage of 
GDP164 ranging from 0.0006% in the UK to 0.006% in Spain and Poland165. A higher female 
participation  rate  ranging  from  0.01  percentage  points  in  Belgium,  France  and  Hungary  to 
0.05  percentage  points  in  Poland  would  be  needed  to  offset  the  cost  of  this  option166.  The 
required  increase  in  female  labour  market  participation  rates will  most  probably  result  from 
this measure, according to the ECORYS study.  

Some  comprehensive  studies  on  European  countries  conclude  that  legislation  on  family-
related  leave  raises  female  employment  rates  by  3%  to  4%,  and  even  more  for  women  of 

159 

160 

161 

162 
163 

164 

165 
166 

Six Member States already offer a benefit equal to or higher than 66% of income. Some Member States 
are in favour of a payment during parental leave; the UK is strictly against any payment, see Annex II 
and III.  
In  their  contributions  many  Member  States  stress  the  importance  of  increasing  the  participation  of 
fathers  (Austria,  Bulgaria,  Finland,  France,  Italy,  Romania  and  Spain).  Some  Member  States  are 
explicitly  in  favour  of  making  parental  leave  non-transferable  (Austria,  Bulgaria,  Italy,  Romania  and 
Spain).  
A high payment is granted in some Member States already but only for a shorter period; in others there 
are long periods but the payment is low. 
It was not possible to factor a ceiling because ceilings would vary too much in Member States. 
€130 million in Belgium; no extra cost in Denmark and Estonia; €174 million in France; €370 million 
in Poland; €182 million in the UK. 
In order to give an idea about public expenditure and shares of GDP, it is important to know that for 
example in the OECD countries 0,7% of GDP was spent on average on childcare and early education 
services, see http://www.oecd.org/document/9/0,3343,en_2649_34637_38141385_1_1_1_1,00.html. 
Belgium: 0.03%; France 0.001%; Hungary: 0.001%;. 
0.04 percentage points in Spain, no indication for the UK. 

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38 

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childbearing age167. In particular, paid parental leave helps to raise female employment rates. 
There  is  evidence  that  countries  granting  paid  parental  leave  (and  childcare  subsidies)  in 
general have higher female labour-market participation rates and that such policies stimulate 
full-time participation168. However, research also shows that schemes to increase leave have 
only brought greater equality between men and women on the labour market where the extra 
leave was deliberately earmarked for fathers169.  

There is evidence that the increase in the labour-market participation rate of mothers (and the 
relatively  stable  fertility  rate)  in  Sweden  was  achieved  in  particular  by  introducing  very 
flexible  parental  leave  schemes  encouraging  fathers'  involvement  (and  State  childcare 
provision)170. Incentives  for  fathers  could contribute to closing  the gender employment  gap, 
because  the  Member  States  with  a  gender  employment  gap  of  less  than  10%  (Finland, 
Sweden,  Lithuania,  Bulgaria,  Estonia  and  Slovenia)  generally  offer  strong  incentives  for 
fathers to take parental leave.  

•  Economic impact of a clause banning discrimination 

No increase in the number of claims or any other potential costs is anticipated as a result of a 
clause  banning  discrimination  on  grounds  of  taking  parental  leave171.  A  clause  banning 
discrimination on grounds of taking maternity leave is already in place and has so far not led 
to a noticeable increase in claims.  

Social impact 

A  portion  of  parental  leave  earmarked  for  the  less  involved  partner  (mostly  fathers)  and 
payment  of  leave  will  make  it  attractive  to  fathers  too.  This  option  could  therefore  help  to 
broaden the choices of fathers. It would support the idea of active fatherhood and would thus 
ensure that the proposed additional one month of parental leave is not taken by mothers172.  

Some Member States have in place a system allocating a certain amount of parental leave to 
fathers. This is the case in Germany, for example173. It therefore shows that also in Member 

167 

168 

169 

170 
171 

172 

173 

The Impact of Family-Friendly Policies in Denmark and Sweden on Mothers' career Interruptions due 
to  Childbirth,  Pyllänen/Smith,  Institute  for  the  Study  of  Labour,  2004,  IZA  DP  No  1050,  p.  1  with 
further references. 
C.  Ruhm,  The  Economic  consequences  of  Parental  leave  Mandates:  lessons  from  Europe,  (1998) 
Quarterly  Journal  of  Economics,  131,  pp.  285-317  (287).  For  instance,  entitlement  to  40  weeks’ 
parental leave is predicted to increase the employment-to-population ratio of 25-34 year old women by 
7% to 9%; Reconciliation of work and private life, A comparative review of thirty European countries, 
EU expert group, European Commission, 2005, p. 8. 
The Impact of Family-Friendly Policies in Denmark and Sweden on Mothers' career Interruptions due 
to Childbirth, Pyllänen/Smith, Institute for the Study of Labour, 2004, IZA DP No 1050, p. 20; In that 
case, the leave taken by mothers decreased, ibid p. 23. 
Ibid., p. 22. 
This  would  cover  situations  involving  indirect  discrimination  where  a  particular  practice,  such  as 
allocating  unsuitable  work  to  a  parent  returning  from  parental  leave,  would  put  the  latter  at  a 
disadvantage.  
see: The Impact of Family-Friendly Policies in Denmark and Sweden on Mothers' career Interruptions 
due to Childbirth, Pyllänen/Smith, Institute for the Study of Labour, 2004, IZA DP No 1050, p. 1 with 
further references; as to the negative influence on wages: see C. Ruhm, The Economic consequences of 
Parental leave Mandates: lessons from Europe, (1998) Quarterly Journal of Economics, 131, pp. 285-
317 (311): with leaves longer than 3 months wages decrease by 3-5% of hourly earnings. 
Germany  in  2007  introduced  an  entitlement  to  14  months’  paid  parental  leave  benefits.  If  the  other 
partner does not take at least two months, those months are lost. In response, more than twice as many 
fathers took parental leave as in the previous year see: Bankenverband, Interesse (Informationen, Daten, 

EN 

39 

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States with more traditional gender roles this option would increase the fathers' share in taking 
parental  leave.  In  Denmark,  Iceland  and  Sweden,  when  a  given  share  of  paid  leave  was 
earmarked for fathers, most of them made use of it (about 90% in Iceland174, 70% in Sweden 
and  almost  50%  in  Denmark  in  the  1990s)175.  Overall  experience  in  the  Nordic  countries 
shows that fathers' parental-leave take-up rates rose sharply when a fixed share of leave was 
set aside for them (fathers' quota or 'daddy months'). Men will take parental leave to a greater 
degree  only  if  a  reasonable  payment  is  guaranteed.  This  has  been  seen  in  the  UK  and 
Germany176.  

The view of the Advisory Committee and Member States 

The  Advisory  Committee  in  its  opinion  of  3  July  2008,  takes  the  view  that  parental  leave 
should be extended to 24 weeks and a payment of at least an average industrial wage should 
be provided. Also, measures should be taken to ensure that the leave is taken equally between 
the  partners.  Some  Member  States  in  their  contribution  support  the  idea  that  parental  leave 
should not be transferable to only one partner and that measures should be taken to encourage 
more fathers to take this leave (AT, EL, ES, FI, FR, HU, IT, LT, RO). Some Member States 
are in favour of, or at least are not against increasing the duration of parental leave (EE, EL, 
HU, IT, LT); some are in favour of a better payment (IT, LT, SL). 

Conclusion:  According  to  the  ECORYS  study,  it  can  realistically  be  supposed  that 
earmarking one month’s parental leave for fathers will produce the slight increase in female 
labour-market  participation  rates  necessary  to  outbalance  the  costs.  Women  could  return  to 
work  earlier  or  have  better  options  to  stay  in  employment  if  the  fathers  also  take  parental 
leave. However, the actual outcome is difficult to predict because findings on the impact of 
introducing such a quota for fathers are few and far between. However, as the month’s leave 
is lost if the father does not take it, fathers may be encouraged to do so, and all the more so if 
it is combined with a high payment. A compensation rate of 66% seems sufficient to entice 
fathers to take the leave. As the following table shows, the objectives will nearly all be met. 
This  option  is  thus  a  step  towards  more  gender  equality.  A  longer  period  of  leave  can  also 
help to bridge the time before childcare is available. Some Member States will have to adapt 
the  duration  of  leave  (BE,  MT,  NL,  PT,  RO),  and  some  will  have  to  provide  for  a  better 
payment (i.a. AT, BE, BU, ES, IE, MT, NL, PT, RO, SK, UK). 

Subsidiarity and proportionality: A directive would respect the principle of subsidiarity (the 
situation shows that there is a need for action at EU level to adapt the existing provisions to 
the  new  challenges  of  increasing  the  employment  rate  of  women  with  children  and  fathers’ 
share  of  family  responsibilities).  It  would  also  respect  the  principle  of  proportionality  (a 
directive amending Directive 96/34/EC in the way discussed here introducing new minimum 
standards  would  be  a  proportionate  action  to  achieve  the  aim  of  increasing  the  employment 
rate  of  women  with  children  and  to  have  more  fathers  taking  parental  leave).  A  directive 
would  be  efficient  (in  order  to  achieve  the  aim  it  would  leave  the  widest  latitude  to  the 
Member  States,  many  of  which  have  already  introduced  a  longer  duration  of  leave  and  a 
higher  payment  and  would  not  need  to  make  major changes to their legislation; they  would 

Hintergründe)12/2007,  p.  7;  Finland,  Iceland,  Norway  and  Sweden  also  have  leave  earmarked  for 
fathers which is otherwise lost. 
Gislason, Parental Leave in Iceland - Bringing the Fathers in, 2007, p. 22.  
Parental  Leave  Policies  and  Parents'  Employment  and  Leave-taking,  Han/Ruhm/Waldfogel,  2007, 
Institute for the Study of Labour, IZA DP No 3244, pp. 2 and 23. 
See examples from the UK and Germany in section 7.3.2 above. 

174 
175 

176 

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40 

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only need to specify that one month of parental leave would be lost if both partners have not 
taken at least one month beforehand). A directive would be effective because it would create 
the  desired  effects  and  would  be  in  line  with  fundamental  principles  and  other  Commission 
policies, namely the principle of gender equality and the Lisbon strategy. 

Overview table — Option 3b: amending Directive 96/34/EC on parental leave 

Objective to be achieved/problem 
addressed 

Rating of impact 
against baseline 
scenario 

Comments 

Reduce  differences  in  employment 
rate  of  women  with  and  without 
children 

Widen  the  scope  of  family-related 
leave  and  the  conditions  for  taking 
it 
Reduce  the  gender  imbalance  in 
taking leave 

Give financial support during leave 

Enhance  job  security  and  fight 
discrimination 

0/+ 

0/+ 

++ 

0/+ 

+ 

 By  offering  payment,  fathers  would  take  up  parental  leave; 
female employment rates could increase slightly  

Flexible working patterns for some of the parental leave would 
support  women's  needs,  but  would  not  be  compulsory  in  a 
directive. Effects cannot therefore be predicted.  
Men's options to engage in caring responsibilities will increase 
if some of the parental leave is earmarked for them (made non-
transferable) and if parental leave is paid at a good level 
A  higher  payment  will  be  granted  in  some  Member  States 
where the leave is not paid or paid at a low rate 
Clauses  on  prohibiting  discrimination  for  taking  such  leave 
would increase job security and take-up rate 

8.3.3. 

Introducing other forms of leave: adoption leave (Option 3c) 

A preliminary remark: as adoption leave is mentioned as an entitlement in Directive 96/34/EC 
on parental  leave  and as the European social partners have decided to negotiate on parental 
leave,  the  Commission  should  refrain  from  coming  up  with  proposals  on  adoption  leave 
during the social partners' negotiations. 

This assessment focuses on the option of granting adoption leave on the same conditions as 
parental  leave  (six  months  plus  one  additional  month  on  condition  that  both  partners  have 
taken at least one month’s parental leave beforehand, payment of 66% of last salary), meaning 
that the entitlement to adoption leave would be the same as for parental leave. Explanation of 
the choice and exclusion of other options: the same reasoning as for parental leave applies. 

Economic and social impact 

Nearly  all  the  Member  States  have  introduced  a  right  to  adoption  leave  ranging  from  four 
weeks to two years and linked in many cases to the duration of maternity or parental leave. 
The  majority  of  the  Member  States  have  linked  it  to  a  payment  at  the  same  rate  as  for 
maternity leave or parental leave respectively. A duration of seven months or more is already 
the rule in many Member States. However, the payment ranges from zero to 100% of previous 
average earnings. The ECORYS study points out that there are no comparable figures on the 
number  of  adoptions  in  the  eight  Member  States  selected,  so  no  precise  calculation  is 
possible.  However,  for  a  large  part  of  the  economic  impact,  the  same  considerations  as  for 
parental leave apply177, but it must be borne in mind that adoptions, and the associated taking 
of  parental  leave,  are  much  less  frequent  than  births  of  children  in  'natural'  families.  As  the 
situation resembles that of parental leave, a payment should be provided for reasons equating 
to those which have been discussed for parental leave.  

177 

See Section 7.3.2. 

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41 

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The view of the Advisory Committee and Member States 

The  Advisory  Committee,  in  its  opinion  of  3  July  2008  takes  the  view  that  adoption  leave 
should  give  access  to  the  different  forms  of  family-related  leaves.  Some  Member  States' 
contributions  show  that  they  are  in  favour  of  adoption  leave  (FR,  IT,  LT,  PT,  SK).  As 
contemplated  in  the  second-stage  consultation  of  the  social  partners178,  a  clear  right  to 
adoption  leave  could  be  introduced.  In  principle,  Directive  96/34/EC  introduces  a  right  to 
adoption leave but leaves it to Member States to lay down the concrete rules179. 

Conclusion: In all other respects, the same reasoning as for parental leave applies. As can be 
seen  below,  the  objectives  will  partly  be  met.  A  directive  would  respect  the  principles  of 
subsidiarity,  proportionality,  efficiency  and  effectiveness  (same  arguments  as  for  parental 
leave apply).  

Overview table Option 3c: shaping adoption leave in the same way as parental leave  

Objective to be 
achieved/problem addressed 

Rating of impact 
assessed against the 
baseline scenario 

Comments 

differences 

Reduce 
in 
employment rate of women with 
and without children 

Widen 
the  scope  of  family-
related  leave  and  the  conditions 
for taking it 
Reduce  the  gender  imbalance  in 
taking leave 

Give  financial  support  during 
leave 
Enhance  job  security  and  fight 
discrimination 

0/+ 

0/+ 

++ 

0/+ 

+ 

By offering payment, fathers would take up adoption leave; paid 
leave  will  have  a  positive  impact  on  female  employment  rates 
because  women  could  return  to  the  labour  market  while  their 
partners take parental leave 
Flexible working patterns for some of the adoption leave would 
support  women's  needs,  but  would  not  be  compulsory  in  a 
directive; effects therefore not predictable  
Men's options to engage in caring responsibilities will increase if 
some  of  the  adoption  leave  is  earmarked  for  them  (made  non-
transferable) and if adoption leave is paid at a good level 
A higher payment will be granted in some Member States where 
the leave is not paid or paid at a low rate 
Clauses  on  prohibiting  discrimination  for  taking  this  kind  of 
leave would increase job security and take-up level 

8.3.4. 

Introducing new forms of leave: paternity leave (Option 3d) 

A  preliminary  remark:  at  present,  the  Commission  should  await  the  outcome  of  the  social 
partners' negotiations because there is a close link between paternity and parental leave.  

The introduction of new forms of leave, namely a right to paternity leave, was considered in 
the  second-stage  consultation  of  the  social  partners180.  This  assessment  focuses  on  the 
following option: 

•  10 days’ leave with a payment of 66% of the last salary181. 

Choice of this option/exclusion of other options: 10 days' paternity leave already exists in a 
number  of  Member  States.  This  duration  of  paternity  leave  therefore  seems  to  represent  a 
minimum  standard.  As  to  the  level  of  payment  in  this  option,  the  same  arguments  as  for 
parental  leave  apply.  From  the  point  of  view  of  setting  an  incentive  for  fathers  to  avail 

178 
179 
180 
181 

See at http://ec.europa.eu/employment_social/social_dialogue/docs/reconciliation2_en.pdf, pp. 10-13. 
See clause 2(3)c of the framework agreement in Directive 96/34/EC, Annex I. 
See http://ec.europa.eu/employment_social/social_dialogue/docs/reconciliation2_en.pdf, pp. 10-13.  
The no-pay-scenario is not discussed further here, because it provides no incentive for fathers to take 
leave: see arguments in section 7.3.2 on parental leave above. 

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42 

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themselves  of  parental  leave,  the  experience  in  Member  States  shows  that  this  leave  is  not 
attractive to fathers. Therefore, the payment should be set sufficiently high.  

Economic and social impact 

A right to paternity leave exists in the majority of the Member States, while over a third have 
introduced a right to 10 days’ leave or more around the child’s birth182. A right to a minimum 
of 10 days’ paternity leave will therefore have no impact on most Member States. Nearly half 
of the Member States have introduced a payment for fathers on paternity leave. The ECORYS 
study  calculated  the  costs  for  a  two-week  period  of  paternity  leave  on  the  basis  of  a  100% 
payment. According to the ECORYS study, only two of the eight Member States selected183 
would  have  to  change  their  legislation.  In  Hungary,  introducing  a  second  week  and  pay  for 
both weeks at a level of 100% of the last salary would imply extra costs equal to 0.014% of 
GDP. Offsetting those costs would call for an increase in female labour-market participation 
of 0.08 percentage points. In the UK, where two weeks are paid by a lump sum, a rise in the 
rate of payment to 100% of the last salary would amount to 0.002% of GDP (€ 0,7 billion), 
which  would  require  an  increase  in  female  labour-market  participation  of  0.01  percentage 
points. The assessment for parental leave shows that fathers will only take paternity leave if it 
is paid184.  

As  mentioned  in  the  opinion  of  the  Advisory  Committee  of  3  July  2008,  in  Slovenia  a 
research project has shown that, in general, fathers support the idea of a more active role for 
men  in  the  family  and  that  introducing  paternity  leave  is  seen  as  a  good  way  of  promoting 
active  fatherhood.  Fathers  availed  themselves  to  74%  of  the  paid  part  of  paternity  leave  in 
2006 (15 days). It seems reasonable to set the minimum no lower than 66% of the last salary. 
Therefore,  the  costs  will  be  considerably lower  than  calculated  by  the  ECORYS  study.  The 
introduction of paternity leave across the EU could have a significant impact on the choices of 
fathers.  It  could  become  normal  and  common  for  fathers  to  care  for  their  children  and  take 
leave for that purpose. It might also change employers' attitude to women. 

The view of the Advisory Committee and Member States 

The Advisory Committee, in its opinion of 3 July 2008, takes the view that one month's paid 
paternity leave should be introduced.  

Some Member States, in their contributions, have expressed support for introducing this form 
of leave (FI, FR, IT, LT, PT, SK).  

Conclusion: As the following table shows, the objectives will be met in part. As the leave is 
very  short,  the  effect  on  women's  employment  rates  will  not  be  measurable.  Some  Member 
States would have to introduce or extend paternity leave (AT, BU, CZ, DE, HU, IE, IT, MT, 
NL,  PL,  PT,  RO,  SK),  while  some  would  have  to  introduce  or  increase  the  payment185.  A 
directive would respect the principle of subsidiarity (the situation at present shows that there 
is a need for action at EU level in order to encourage fathers to take family-related leave). It 
would also respect the principle of proportionality (a directive on paternity leave in the way 

182 
183 

184 
185 

Some Member States are explicitly in favour of introducing a right to paternity leave at EU level. 
Hungary, where there is provision for one week’s leave only, and the UK, where there is provision for a 
lump sum amounting to less than 66% of the last salary. 
See under 7.3.2. 
The indications obtained from Member States are not sufficient to give further information.  

EN 

43 

   EN 

 
                                                 
discussed  here  would  be  a  proportionate  action  to  achieve  the  aim  of  having  more  fathers 
taking  parental  leave).  A  directive  would  be  efficient  (in  order  to  achieve  the  aim  it  would 
leave the widest latitude to the Member States, many of which have already introduced paid 
paternity leave). A directive would be effective because it would create the desired effects and 
would  be  in  line  with  fundamental  principles  and  other  Commission  policies,  namely  the 
principle of gender equality. 

Overview table - Option 3d: 10 days' paternity leave, 66% payment 

Objective to be achieved/problem addressed 

Reduce  differences  in  employment  rate  of 
women with and without children 

Widen  the  scope  of  family-related  leave  and 
the conditions for taking it 
Reduce the gender imbalance in taking leave 

Give financial support during leave 

Enhance job security and fight discrimination 

Rating of impact 
against baseline 
scenario 
0 

Comments 

No effect on women's employment 

+ 

++ 

+ 

0/+ 

This increases the available scope of leave  

Men's  options  to  take  family  related  leave  will 
increase  
A valuable support will be given not to women but 
to the family as a whole  
Clauses  on  prohibiting  discrimination  for  taking 
this kind of leave would increase job security and 
take-up rate 

8.3.5. 

Introducing new forms of leave: 'filial leave' (option 3e) 

A  preliminary  remark:  at  present,  the  Commission  should  await  the  outcome  of  the  social 
partners' negotiations because this issue could also be raised in their discussions on parental 
leave.  

As  contemplated  in  the  second-stage  consultation  of  the  social  partners186,  a  right  to  filial 
leave could be introduced. This could enable workers to care for a dependent relative with a 
disability, illness or impairment. This assessment will focus on the following option: 

•  Introducing a filial leave of one month to care for a dependent family member (including 

children above 8 years of age). 

Explanation  of  the  option:  Member  States  will  have  to  decide  who  is  a  'dependent  family 
member'. 

Choice  of  option/exclusion  of  other  options:  nearly  all  Member  States  have  introduced  an 
entitlement to leave to care for dependent family members, arranging in length from 2 days to 
120 days linked to 'cases of emergencies' at home, in most cases related to a sick child187. One 
month could form a minimum standard considering the existing entitlements in the Member 
States.  One  month  seems  to  be  a  good  basis  for  providing  care  for  a  certain  time  and/or 
making further arrangements for the care of the family member concerned. Member States are 
free  to  grant  a  payment188.  If  the  definition  of  'dependent  family  members'  is  wide-ranging, 

186 

187 

188 

See  under  http://ec.europa.eu/employment_social/social_dialogue/docs/reconciliation2_en.pdf,  pp.  10-
13. 
In March 2008, Germany introduced a law reforming care services ('Pflegezeitgesetz'), providing for 6 
months'  unpaid  filial  leave  covering  children,  grandchildren,  and  grandparents.  The  employee  keeps 
social security coverage and is guaranteed the right to return to the workplace. Dismissal is prohibited. 
With the option of a payment of 66%, the ECORYS study provided a rough estimate of the cost of such 
leave, based on the assumption that every worker would take one additional month of filial leave once 

EN 

44 

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the  granting  of  a  payment  will  be  very  costly  and  difficult  to  monitor.  The  majority  of 
Member States have allocated a payment to this kind of leave, but then only for a few days. In 
their contributions, some Member States explicitly state the need to introduce filial leave189. 
As  for  parental  leave,  a  right  to  ask  for  flexibility  as  regards  working  patterns  should  be 
introduced. 

Economic and social impact 

The ECORYS study emphasises that according to their findings from the eight Member States 
filial  leave  arrangements  differ  greatly  between  the  Member  States.  Furthermore,  they  are 
mostly not provided as a single, specific arrangement but are integrated into existing labour 
market leave schemes or social security schemes in different ways. Hence it is difficult to find 
a basis with which to compare the new provisions. According to the ECORYS study the costs 
are not calculable because the take-up rates cannot be determined. However, in the calculation 
for  parental  leave  the  ECORYS  study  found  that  the  cost  of  four  additional  weeks’  of  paid 
leave  in  the  eight  Member  States  ranged  from  €20  million  in  Hungary  to  €1131  million  in 
Spain190. However, the take-up rate for filial leave could be higher than for parental leave. But 
as  no  payment  is  proposed  so  far,  four  weeks  of  filial  leave  are  much  less  expensive  than 
parental  leave.  Introducing  filial  leave  will  improve  the  situation  of  people  caring  for  a 
dependent family member. Four weeks could provide the time needed to make arrangements 
for formal care or to spend some time with a terminally ill relative. If there is a need for this 
type of leave, even if occurring more than once in a lifetime, women (and men) do not have to 
drop work but can find other solutions which allow them to stay in employment.  

The view of the Advisory Committee and Member States 

The  Advisory  Committee  in  its  opinion  of  3  July  2008  takes  the  view  that  a  form  of  paid 
carer's  leave  should  be  introduced.  There  are  some  Member  States  which,  in  their 
contributions, indicate that they are in favour of introducing this new type of leave (GR, IT, 
LT, PT, SK).  

Conclusion:  As  can  be  seen  below,  the  objectives  will  partly  be  met.  Most  Member  States 
will have to introduce or extend this form of leave. A directive would respect the principle of 
subsidiarity (the situation at present shows that there is a need for action at EU level in order 
to  help  carers  reconcile  professional  and  private  life).  It  would  also  respect  the  principle  of 
proportionality (a directive on filial leave in the way discussed here would be a proportionate 
action  to  achieve  the  aim  of  giving  a  minimum  support  to  carers).  A  directive  would  be 
efficient (in order to achieve the aim it would leave the widest latitude to the Member States). 
A directive would be effective because it would create the desired effects of helping carers.  

Overview table option 3e: introducing one month of filial leave  

Objective to be achieved/problem 
addressed 

Rating of 
impact 
against 
baseline 

Comments 

in her/his life-time. The calculation for parental leave by the ECORYS study found that the cost of four 
additional weeks’ leave in the eight Member States selected as a model would be roughly the same as 
for parental leave. The cost of filial leave could be higher if the take-up rate for such leave is higher 
than for parental leave.  
France, Italy, Lithuania, Slovakia and Spain. 
€130  million  in  Belgium;  no  further  costs  in  Denmark,  the  UK  and  Estonia;  €174  million  in  France; 
€440 million in Poland. 

189 
190 

EN 

45 

   EN 

 
                                                                                                                                                         
Reduce  differences  in  employment  rate 
of women with and without children 

Widen  the  scope  of  family-related  leave 
and the conditions for taking it 
Reduce  the  gender  imbalance  in  taking 
leave 
Give a financial support during leave 
Enhance 
job 
discrimination 

security 

fight 

and 

scenario 
0/+ 

++ 

0 

0/- 
0/+ 

leave  could  have  a  positive 

impact  on  female 
This 
employment rates, but might have a negative impact on wages 
and employability of women if only taken by women  
Helps  to  offer  better  reconciliation  and  broaden  the  available 
options 
Men's take-up might remain low; no special incentive for men 
is set 
As no payment is proposed, no additional support is given.  
Clauses  on  prohibiting  discrimination  for  taking  this  kind  of 
leave would increase job security and take-up level 

8.4. 

Comparison of options and conclusions 

If no action is taken, the reconciliation measures throughout the EU are unlikely to improve. 
Given the Commission’s commitments, the calls from the Council and from Parliament and 
the stakeholders’ expectations, this option would also be difficult to defend politically.  

Amending Directive 92/85/EEC would bring benefits to women workers. The ECORYS study 
has  identified  the  option  of  amending  this  Directive  in  the  proposed  way  as  the  most 
promising  one  for  harmonisation  measures,  because  the  provisions  do  not  differ  very  much 
throughout  the  Member  States.  The  amendments  to  maternity  leave  examined  in  this  report 
are in line with international recommendations as well as with the practice in many Member 
States.  

In order to mitigate the costs, the Commission's proposal would allow Member States to cap 
the  level  of  maternity  pay  provided  that  it  is  not  below  the  level  provided  in  the  current 
Directive.  The  financing  of  the  maternity  pay,  and  notably  the  share  to  be  borne  by  the 
employer, is also left to the Member States.  

Furthermore,  the  above  assessment  shows  that  amending  Directive  96/34/EC  as  proposed 
would  have  the  desired  impact  on  the  two  main  objectives,  namely  slightly  increasing  the 
employment  rate  of  women  with  children  (ECORYS  study)  and  achieving  a  better  gender 
balance in taking family-related leave. The best option would be an extension of one month, 
subject to the condition that both partners have taken at least one month’s parental leave, with 
a payment of 66% of the last salary for the whole parental leave period.  

New  types  of  leave  should  be  introduced.  Paternity  leave  in  particular  will  ensure  a  better 
gender balance in taking family-related leave and will also help women to recover after giving 
birth,  because  the  fathers  can  stay  at  home.  Filial  leave  and  adoption  leave  will  provide 
meaningful support in certain family situations and can help to increase maternal employment 
rates.  

Furthermore,  the  dissemination  of  best  practices  should  be  increased  and  encouragement 
should be given to improving the availability and quality of childcare services 

Conclusion:  The  most  promising  option  would  be  to  combine  all  measures  in  a  package  of 
proposals as they are complementary. But as the social partners have just started to negotiate 
on parental leave and that they could include the new forms of leave in their negotiations, the 
Commission will not make a proposal in this area for the time being.  

Under  these  circumstances,  and  given  that  the  duration  and  conditions  of  maternity  leave 
provide  the  starting  point  for  the  design  of  an  family-related  leave  system,  a  proposal  for 
amending  maternity  leave  remains  a  very  useful  measure  in  order  to  improve  reconciliation 

EN 

46 

   EN 

 
 
and  can  be  taken  into  account  by  the  social  partners  in  their  negotiations  on  other  forms  of 
family-related  leave.  Of  course,  improved  maternity  leave  will  not,  of  itself,  improve 
reconciliation  or  gender  equality  on  the  labour  market  but,  in  relation  with  other  measures 
such as better childcare provision, it will increase the possibilities for women with children to 
become or remain economically active. 

Comparison of options: overview table 

No 
new 
action 

Dissemina-
tion of best 
practices 

Amending 
maternity 
leave 

Amending 
parental 
leave 

Introdu-
cing 
adoption 
leave 

Introducing 
paternity 
leave 

Introducin
filial 
g 
leave 

0 

0/+ 

0/+ 

0/+ 

0 

0/+ 

0/++ 

0/+ 

0/+ 

0/+ 

0 

+ 

0/+ 

++ 

Reduce  differences  in 
rate  of 
employment 
women  with 
and 
without children 

Widen  the  scope  of 
family-related 
leave 
and  the  conditions  for 
taking it 

Reduce 
imbalance 
leave 

the  gender 
taking 

in 

Give  financial  support 
during leave 

Enhance  job  security 
and 
fight 
discrimination 

0 

0 

0 

0/+ 

0/+ 

0/+ 

- 

0/+ 

+ 

++ 

++ 

++ 

0 

0/+ 

+ 

0/+ 

+ 

+ 

0/+ 

0/- 

0/+ 

9. 

MONITORING AND EVALUATION ARRANGEMENTS 

9.1. 

Possible indicators and monitoring 

The employment rate of women with children is an indicator of the success of reconciliation 
arrangements.  This  objective  can  be  monitored  via  the  Labour  Force  Survey,  which  gives 
tables  on  employment  rates  of  women  with  children.  The  figures  are  included  in  the 
Commission’s  annual  report  on  equality  between  women  and  men,  which  will  go  on 
monitoring and analysing them. The second objective, namely to improve the gender balance 
in the parental-leave take-up rate, has not been monitored systematically by Eurostat to date. 
However,  data  on  fathers'  share  of  parental  leave  exist  in  some  Member  States.  The 
Commission  could  endeavour  to  improve  the  availability  of  statistics  on  this  point.  Data 
would  be  published  regularly.  If  figures  on  fathers’  take-up  rate  could  be  determined,  they 
could  also  be  published  regularly  in  the  Commission’s  annual  report  on  equality  between 
women and men. 

In the future, preferably four years after transposition, thought will be given to assessing the 
impact  of  the  directive/s  on  women's  participation  in  the  labour  market  and  the  increase  in 
fathers  taking  parental  and  paternity  leave.  The  effectiveness  of  the  proposed  non-

EN 

47 

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discrimination clause could be monitored by a report of the Legal Network and/or an opinion 
of the Advisory Committee as well as via the Equality Bodies. 

9.2. 

Transposition  

The time limit for transposing the directive/s would be two or three years191. It is suggested 
that six years after adoption, the governments of the Member States and the national equality 
bodies should send the Commission information for a report to Parliament and the Council on 
the application of the directive/s. The report could put forward proposals for any revision or 
updating of the directive/s. 

191 

For  the  existing  Parental  Leave  Directive  three  years  were  given,  for  the  existing  Maternity  Leave 
Directive two years have been given. 

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48 

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9.3. 

ANNEX I: Legal framework 

The Maternity Leave Directive 92/85/EEC192 is a directive in the area of health and safety at 
work. It is the tenth individual Directive within the meaning of Article 16(1) of the 'mother'-
Directive  89/391/EEC193  based  on  Article  ex-118a  EC  Treaty.  It  provides  for  a  minimum 
level of 14 weeks of leave with a payment which should be at least equivalent to sick leave. 
Two weeks must be allocated before and/or after confinement. According to Article 2 (7) of 
Directive  76/207/EEC  as  amended  by  Directive 2002/73/EC, the woman has the right, after 
maternity leave, to return to the same or an equivalent post. According to the same provision, 
less favourable treatment of a woman related to pregnancy or maternity leave shall constitute 
discrimination. A woman cannot be dismissed during maternity leave. The rights linked to the 
employment contract are ensured. 

The Commission reported on the implementation of the Directive in 1999194. 

The Parental Leave Directive 96/34/EC195 including the Framework Agreement on parental 
leave provides for an entitlement of both parents to a minimum of three months in the case of 
the birth or adoption of a child. The entitlement to leave ‘should in principle be granted on a 
non-transferable  basis’  meaning  that  one  partner  cannot  shift  his  or  her  entitlement  to  the 
other  partner.  There  are  no  rules  on  payment  during  parental  leave.  It  is  therefore  up  to  the 
Member States to decide upon this. The leave can be taken until the child is 8 years old. 

As  regards  flexibility  in  taking  parental  leave  it  is  for  Member  States  to  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. Also, as regards the requirement to fulfil a length-of-service criterion or 
to establish a notice period, this is left to Member States. 

Member  States  are  requested  to  take  the  necessary  measures  to  protect  workers  against 
dismissal  on  the  grounds  of  an  application  for,  or  the  taking  of,  parental  leave.  Rights 
acquired  by  the  worker  on  the  date  on  which  parental  leave  starts  shall  be  maintained.  All 
matters relating to social security are to be decided by the Member States. 

The Commission reported on the implementation of this directive in 2003196. 

As  regards  more  specifically  adoption  leave,  the  Parental  Leave  Directives  requests  the 
Member States to 'adjust conditions of access and detailed rules for applying parental leave 
to the special circumstances of adoption’197 However, in general, the agreement in clause 2(1) 
grants an individual right of three months' leave to each parent on the grounds of adoption. 

As to flexibility measures, according to the political agreement of the Council in June 2008 on 
an amended proposal for a Directive of the European Parliament and of the Council amending 

192 

193 

194 
195 

196 
197 

Council  Directive  92/85/EEC  of  19  October  1992  on  the  introduction  of  measures  to  encourage 
improvements  in  the  safety  and  health  at  work  of  pregnant  workers  and  workers  who  have  recently 
given birth or are breastfeeding (OJ L 348, 28.11.1992, p. 1). 
on the introduction of measures to encourage improvements in the safety and health of workers at work 
OJ L 183 du 29/06/1989 p. 1 – 8. 
COM(1999)100 final. 
Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded 
by UNICE, CEEP and the ETUC (OJ L 145, 19.6.1996, p. 4). 
COM(2003)358 final. 
See Clause 2(3)(c) of the Framework Agreement. 

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49 

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Directive 2003/88/EC concerning certain aspects of the organisation of working time198, the 
following article could be introduced into Directive 2003/88/EC199: 

'Article 2b 

Reconciliation of work and family life 

The  Member  States  shall  encourage  the  social  partners  at  the  appropriate  level,  without 
prejudice  to  their  autonomy,  to  conclude  agreements  aimed  at  improving  reconciliation  of 
work and family life. 

The  Member  States  shall  ensure,  without  prejudice  to  Directive  2002/14/EC  and  in 
consultation  with  the  social  partners,  that  employers  inform  workers  in  due  time  of  any 
substantial changes in the pattern or organisation of their working time. 

Taking  into  account  workers'  needs  for  flexibility  in  their  working  hours  and  patterns,  the 
Member  States  shall,  in  accordance  with  national  practices,  also  encourage  employers  to 
examine requests for changes to such working hours and patterns, subject to business needs, 
and to both employers' and workers' needs for flexibility." 

In  some  other  directives,  the  new  forms  of  leave  are  mentioned.  These  provisions  do  not 
exclude  EU  legislation  on  this  issue,  because  they  only  refer  to  the  present  situation  where 
these rights do not exist at EU level. 

Recital 27 of Directive 2006/54/EC200 mentions adoption leave as follows: 

‘Similar  considerations  apply  to  the  granting  by  Member  States  to  men  and  women  of  an 
individual and non-transferable right to leave subsequent to the adoption of a child. It is for 
the  Member  States  to  determine  whether  or  not  to  grant  such  a  right  to  paternity  and/or 
adoption leave and also to determine any conditions, other than dismissal and return to work, 
which are outside the scope of this Directive.’ 

Adoption  leave  and  paternity  leave  are  mentioned  in  Article  16  of  Directive  2006/54/EC  as 
follows: 

‘Article 16 

Paternity and adoption leave 

This Directive is without prejudice to the right of Member States to recognise distinct rights to 
paternity and/or adoption leave. Those Member States which recognise such rights shall take 
the  necessary  measures  to  protect  working  men  and  women  against  dismissal  due  to 
exercising those rights and ensure that, at the end of such leave, they are entitled to return to 
their  jobs  or  to  equivalent  posts  on  terms  and  conditions  which  are  no  less  favourable  to 

198 

199 

200 

See COM(2005)246 final; see also Council of the European Union, Interinstitutional File, 11 June 2008, 
(2004)0209 COD. 
Of the European parliament and of the Council of 4 November 2003 concerning certain aspects of the 
organisation of working time, OJ 2003 L 299/9. 
Directive  2006/54/EC  of  the  European  Parliament  and  of  the  Council  of  5  July  2006  on  the 
implementation  of  the  principle  of  equal  opportunities  and  equal  treatment  of  men  and  women  in 
matters of employment and occupation (recast), OJ L 204, p. 23. 

EN 

50 

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them, and to benefit from any improvement in working conditions to which they would have 
been entitled during their absence.’ 

The same wording is included in Article 2(7) of Directive 2002/73/EC. As regards paternity 
leave, the  Parental Leave  Directive  does not provide for special entitlements. In  the part on 
'general  considerations'  of  the  Framework  agreement  it  is,  however,  mentioned  that  ‘men 
should be encouraged to assume an equal share of family responsibility,’201. 

Furthermore, in recital 13 of Directive 2002/73/EC paternity leave is mentioned as follows: 

‘In  the  Resolution  of  the  Council  and  of  the  Ministers  for  Employment  and  Social  Policy 
meeting within the Council of 29 June 2000 on the balanced participation of women and men 
in family and working life, Member States were encouraged to consider examining the scope 
for their respective legal systems to grant working men an individual and untransferable right 
to paternity leave, while maintaining their rights relating to employment. In this context, it is 
important to stress that it is for the Member States to determine whether or not to grant such 
a right and also to determine any conditions, other than dismissal and return to work, which 
are outside the scope of this Directive.’ 

Also, Article 16 of Directive 2006/54/EC cited above mentions the right to paternity leave. 

As  regards  filial  leave,  the  Parental  Leave  Directive  requests  ‘Member  States  and/or 
management  and  labour  to  take  the  necessary  measures  to  entitle  workers  to  time  off  from 
work on grounds of force majeure for urgent family reasons in cases of sickness or accident 
making the immediate presence of the worker indispensable.’202  

Furthermore,  the  EU  Charter  of  Fundamental  Rights203  also  provides  protection  for 
pregnancy/maternity,  parental  and  paternity  leave.  Article  II-93(2),  as  incorporated  in  the 
Constitutional  Treaty,  states  that  ‘to  reconcile  family  and  professional  life,  everyone  shall 
have  the  right  to  protection  from  dismissal  for  a  reason  connected  with  maternity,  and  the 
right to paid maternity leave and to parental leave following the birth or adoption of a child.’ 

Commission's right to amend legal Framework 

Legally  binding  measures  in  the  area  of  reconciliation  are  to  be  based  on  Article  137  EC 
providing that, ‘with a view to  achieving the objectives  of Article 136, the Community shall 
support  and  complement  the  activities  of  the  Member  States  in’  certain  fields.  The  fields 
concerned, according to Article 136 EC, are ‘promotion of employment, improved living and 
working  conditions,  so  as  to  make  possible  their  harmonisation  while  the  improvement  is 
being  maintained,  proper  social  protection,  dialogue  between  management  and  labour,  the 
development of human resources with a view to lasting high employment and the combating 
of exclusion.’ 

The amendment of existing directives on maternity and parental leave as well as the creation 
of  new  forms  of  leave  concerning  adoption,  filial  and  paternity  leave  could  be  seen  as 
measures to improve living and working conditions.  

201 
202 
203 

General considerations 8. 
Clause 3(1) of the Framework Agreement. 
OJ [2000] C 364/1. 

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Article 137 (1) EC provides that ‘The Community shall support and complement the activities 
of  the  Member  States’  in  fields  which  include  'improvement  in  particular  of  the  working 
environment to protect workers' health and safety' (first indent) and ‘of equality between men 
and women with regard to labour market opportunities and treatment at work’(fourth indent). 
To  this  end  the  Council  may  adopt,  by  means  of  directives,  ‘minimum  requirements  for 
gradual  implementation,  having  regard  to  the  conditions  and  technical  rules  obtaining  in 
each of the Member States. Such directives shall avoid imposing administrative, financial and 
legal constraints in a way which would hold back the creation and development of small and 
medium-sized undertakings.’204 

The  amendment  of  Directive  96/34/EEC  on  parental  leave  as  well  as  the  creation  of  new 
forms of leave concerning adoption, filial and paternity leave could be seen as measures in the 
field of gender equality. The amendment concerning Directive 92/85/EEC on maternity leave 
has to be seen as a measure in the area of health and safety. 

Article 137(2) EC only allows for a directive, not a regulation. Furthermore, a directive could 
set  out  only  a  minimum  framework  for  gradual  implementation.  The  Member  States  are 
flexible  in  adapting  the  principles  established  to  their  domestic  legal  order.  As  far  as 
amendments  to  existing  provisions,  which  came  into  force  pursuant  to  Article  139  and 
following an agreement  of  the  social  partners, are concerned, the Commission may propose 
amendments, if the social partners do not negotiate or propose an agreement.205 

As  far  as  legislative  measures  are  concerned  which  deal  with  provisions  more  related  to 
gender equality than to health and safety and working conditions, the legal basis of article 141 
EC could contribute as a double legal basis. 

204 
205 

Article 137(2)(b) EC. 
Callies/Ruffert,  EUV,  EGV,  Kommentar,  3.  Auflage,  2007,  Art  138  EGV,  no.  34,  page  1605;  J. 
Schwarze (Hrsg), EU-Kommentar, 2000, Article 137, no. 27, p. 1479. 

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ANNEX II: Consultation of European Social Partners, Member States and NGOs 

General remark: It was decided not to open up a public consultation via the internet because 
the issue seems quite specific and not suited to public consultation. 

1. Consultation of the European Social Partners 

First-Stage Consultation of the European Social Partners 

The  first-stage  consultation  of  the  social  partners  was  launched  on  20  October  2006.206 
Thirteen European social partners responded to the consultation document. In general, all of 
them  acknowledged  the  importance  of  reconciliation  and  the  majority  recognised  that  more 
needs to be done in this area. However, employers' organisations take the view that existing 
Community legislation is adequate, whereas trade unions consider that the legislation should 
be improved.  

Second-Stage consultation 

The document makes the following suggestions in relation to legislation: 

Parental leave 

(i)  the  introduction  of  incentives  for  fathers  to  take  parental  leave  e.g.  such  leave  could  be 
made strictly non-transferable between the parents; a general clause requiring Member States 
to  adopt  provisions  which  encourage  fathers  to  avail  themselves  of  their  entitlement  to 
parental leave could be adopted; a minimum period of parental leave could be reserved for the 
father  in  situations  where  the  entitlement  to  leave  is  a  family  one;  or  fathers  could  be 
encouraged  to  avail  themselves  of  their  entitlement  to  parental  leave  by  providing  that  the 
parents/each  parent  will  get  an  additional  period  of  parental  leave  if  the  father  takes  a 
specified minimum period of leave.  

(ii)  improvement  of  the  provisions  in  relation  to  employment  rights  and  a  prohibition  of 
discrimination on grounds of parenthood. 

(iii) introduction of a right to a payment during parental leave; 

(iv) increase in the duration of parental leave; 

(v) introduction of a right to flexibility in relation to the taking of leave; 

(vi) increase in the age of the child in respect of which parental leave can be taken. 

Maternity Protection 

(i) increase in the duration of leave  

(ii) increase in the level of payment during maternity leave; 

206 

See under: http://ec.europa.eu/employment_social/social_dialogue/docs/carcinogens_I_en.pdf. 

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(iii)  to  integrate  Article  2(7)  of  Directive  2002/73/EC  (right  to  return  to  the  same  job 
following maternity leave and to benefit from any improvements in working conditions). 

Other types of leave 

Introduction of provisions in relation to new forms of leave as follows: 

(i) Leave to care for dependent family members ('filial' leave); 

(ii) Adoption leave; 

(iii) Paternity leave. 

The document also asks for the social partners' views in relation to the following: 

(i) how to increase the availability, accessibility and quality of childcare; 

(ii) how best to facilitate the exchange of good practices. 

After  having  analysed  the  responses  of  the  social  partners,  the  Commission  launched  the 
second-stage consultation on reconciliation of professional, private and family life on 30 May 
2007207. In the second-stage consultation document, the Commission invited the views of the 
social  partners  on  a  range  of  legislative  and  non-legislative  measures  and  it  indicated  that 
depending on the outcome of the second-stage consultation, of negotiations between the social 
partners,  and  of  a  detailed  impact  assessment,  the  Commission  would  consider  bringing 
forwards proposals to complement the existing legislation in the area of reconciliation. 

the  consultation  document. 
The  social  partners  had  six  weeks 
to 
BUSINESSEUROPE208 sought an extension of the deadline for providing their response to 13 
July and Eurochambers209 requested an extension to the end of July. 

respond 

to 

On  25  July,  a  joint  letter  was  received  from  ETUC210,  BUSINESSEUROPE,  CEEP211  and 
UEAPME212. In addition, individual responses have been received from the following social 
partners:  BUSINESSEUROPE,  ETUC,  UEAPME,  CEEP,  CEC213,  EuroCommerce214, 
Eurociett215, Eurochambers and HOTREC216. 

Joint letter from ETUC, BUSINESSEUROPE, CEEP and UEAPME 

In their joint letter, ETUC, BUSINESSEUROPE, CEEP and UEAPME, acknowledge that 
more than 10 years after the adoption of the Parental Leave Directive, there may be a need to 
assess the progress made with its implementation. They therefore announced to set up a joint 
working  group  to  carry  out  an  evaluation  of  the  framework  agreement,  in  cooperation  with 

207 
208 
209 
210 
211 
212 
213 
214 
215 
216 

See under: http://ec.europa.eu/employment_social/social_dialogue/docs/reconciliation2_en.pdf. 
'Confédération des entreprises européennes'. 
Association of more than 1200 European Chambers of Commerce and Industry. 
European Trade Union Confederation. 
Centre Européen des Entreprises à Participation publique. 
European Association of Crafts Small and Medium-sized Enterprises. 
European Confederation of Executives and Managerial Staff. 
An association for retail, wholesale and international trade interests. 
European Confederation of Private Employment Agencies. 
The trade association of hotels, restaurants and cafes in the European Union. 

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their  national  member  organisations.  They  announced  their  intention  to  evaluate  parental 
leave  arrangements  in  connection  with  other  arrangements  supporting  parents  and  work-life 
balance, such as flexible work arrangements and childcare as well as other forms of leave, to 
assess if the need for any joint action.  

Individual responses of social partners on legislation 

BUSINESSEUROPE,  UEAPME  and  CEEP  welcome  the  statements  that  any  new 
reconciliation  policies  should  be  in  line  with  the  growth  and  jobs  strategy  and  should  be 
conducive  to  employment  and  that  any  more  generous  leave  policies  should  not  result  in  a 
disproportionate  increase  in  the  costs  of  hiring  workers,  as  SMEs  in  particular  would  be 
affected by such higher costs.  

BUSINESSEUROPE,  UEAPME  and  EuroCommerce  are  against  further  regulation  at 
European level.  

ETUC stressed that the necessary update of the regulatory framework should not be limited 
itself to leave facilities, but  should  also  address the  regulation  of  working  time  and of  part-
time work, for the sake of policy coherence. ETUC supports the introduction of new types of 
leave  but  argues  that  they  should  include  educational  leave.  With  regard  to  maternity 
protection,  ETUC  shares  the  Commission’s  opinion  that  the  current  legal  framework 
(Directive 92/85/EEC) should be improved. 

ETUC is ready to start discussions and negotiations with employers' organisations at EU level 
about the options for the possible legislative changes outlined above in the framework of the 
evaluation  of  Directive  96/34/EC.  It  urges  the  Commission  to  come  up  with  legislative 
proposals should these discussions and negotiations not lead to any concrete proposals. 

CEC  considers  that  the  existing  Community  legislation  needs  updating  and  supports  the 
introduction  of  paternity  leave,  adoption  leave  and  leave  to  care  for  dependants.  CEC  is  in 
favour  of  initiating  the  negotiation  process  under  Article  138(4).  It  is  also  in  favour  of  a 
review of the framework agreement on parental leave. 

UEAPME  expresses  disappointment  about  the  Commission's  call  on  the  social  partners  to 
become more involved in ways and means of reconciling work, private and family life as it 
feels that this means that the Commission is ignoring the work being carried out by the social 
partners in this area. 

ETUC regrets that the important issue of essential household and domestic services in terms 
both  of  its  organisation  and  the  employment  and  working  conditions  of  those  providing  the 
services, raised by ETUC in the first stage of the consultation, has not been taken up by the 
Commission in the second-stage document. 

They  provided  a  progress  report  to  the  Commission  and  the  Tripartite  Social  Summit  of 
March  2008,  declaring  that  'joint  actions'  need  to  be  taken.  They  decided  definitely  in  July 
2008 that they will enter into the negotiation procedure according to Article 138 and 139 EC. 
In  that  case,  the  Commission  has  to  refrain  from  taking  action  in  this  area  for  at  least  nine 
months (Article 138(4) EC). 

2. Consultation of Member States 

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By  means  of  a  questionnaire  requesting  details  of  legislation  in  force  in  the  respective 
Member State and seeking their opinion on possible amendments, the Commission consulted 
the  Member  States  in  December  2007.  Two  Member  States  have  not  replied  to  the 
questionnaire (Cyprus and Luxembourg).  

The  Austrian  reply  stresses  the  necessity  of  reconciliation  measures,  also  with  regard  to 
demographic change. Therefore, a longer duration of maternity leave as well as parental leave 
could  be  important.  Any  amendments  should  be  in  conformity  with  Regulation  (EEC)  No 
1408/71 on the application of social security schemes to employed persons and their families 
moving  within  the  Community  and  Regulation  (EC)  NO  883/2004  on  the  coordination  of 
social security systems in order for the parents to qualify as migrant worker. The government 
supports the idea that parental leave should not be transferable, but then childcare should be 
enhanced in the Member States to compensate for a shorter parental leave period for mothers. 
In  any  event,  greater  involvement  of  fathers  in  caring  could  have  a  positive  impact  on 
women's employment participation. Part-time work should be made available for parents with 
the Member States deciding on the details. A higher age of the child does not seem necessary 
in their view. Moreover, the Austrian government is in favour of leave to care for dependent 
family members. 

According  to  the  Belgian  reply  it  seems  useful  to  increase  the  obligatory  part  of  maternity 
leave in order to improve women's health. However, every further increase in duration should 
be targeted at improving women's health. If women's health is not the goal then other forms of 
leave  like  parental  leave  should  be  improved.  Payment  for  parental  leave  should  be  left  to 
Member  States.  However,  Belgium  makes  the  point that too long a period of parental leave 
and total suspension of work is not always helpful for women's careers. Therefore, all forms 
of  part-time  work  should  be  made  possible  for  a  parent  on  parental  leave.  The  child's  age 
restricting parents' choice to take parental leave should be increased.  

According to the Bulgarian reply, maternity leave and payment could be extended, although it 
should  be  borne  in  mind  that  this  may  have  a  negative  effect  in  terms  of  women's 
qualifications  and  employability.  As  regards  parental  leave,  improvements  should  be 
discussed  with  trade  unions.  Parental  leave  should  be  made  strictly  non-transferable,  thus 
encouraging fathers to avail themselves of this form of leave. Lengthy parental leave had been 
introduced  in  Bulgaria  in  order  to  boost  fertility  rates.  New  forms  of  leave  should  be 
evaluated on the basis of concrete proposals. 

The Czech reply is not in favour of any modifications at EU level. In their view there should 
not be a focus on women's reintegration into the labour market but on parent's possibilities to 
reconcile  work  and  family  life.  Caring  for  children  should  be  viewed  as  an  alternative  to 
occupational activity. 

According to the Danish contribution, no amendments at EU level are necessary. 

The Estonian reply stresses that, in general, no changes are necessary at EU level. However, 
they  could  support  a  modest  extension  of  maternity  leave  and  they  would  agree  on  a 
maximum of four months of parental leave for every partner, although they would prefer to 
see no change in the duration of parental leave at EU level. Specifically, they are not in favour 
of  a  compulsory  payment  during  parental  leave  and  they  are  against  making  it  non-
transferable between the partners. 

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In its reply, Finland states that, in principle, the provisions for maternity leave should not be 
changed at EU level. However, Finland thinks that it may be reasonable to evaluate the total 
length of maternity leave. In any event, the links between maternity and parental leave in the 
Member  States should be taken  into account.  Another  factor  to be  considered  is  that  a  long 
period od maternity leave might weaken women's labour market position. Therefore, it seems 
more  justifiable  to  provide  a  parental  leave  that  may  be  taken  by  both  parents.  Also,  as 
regards parental leave, a stronger participation of fathers in the taking of family leave would 
promote  equality  between  women  and  men.  However,  Finland  considers  that  national 
legislation should still be the starting point. As regards the new forms of leave, Finland takes 
a positive view on legislation related to paternity leave at EU level. 

The French reply is in favour of increasing the payment during maternity leave, because from 
France's own experience this has a positive impact on demography. Amendments should be 
made in order to prevent the total of 'family' leave from having a negative impact on women's 
careers. As regards parental leave, there is the possibility of introducing a payment for such 
leave.  Also,  the  possibility  to  work  part-time  has  a  very  positive  effect.  It  does  not  seem 
necessary to increase the age of the child in connection with taking parental leave. However, 
it seems very important to increase the rate of fathers taking parental leave in order to better 
integrate women into the labour market and to help close the pay gap, which is partly due to 
the  time  spent  by  women  on  'family'  leave.  As  regards  adoption  leave,  this  is  essential  to 
allow for the new children to be integrated into the family. Paternity leave is a very important 
instrument for creating a bond between father and child. It seems very important to provide 
for  these  new  forms  of  leave  in  order  to  tackle  both  gender  equality  and  demographic 
problems. 

The  German  contribution  acknowledges  that  more  efforts  are  necessary  in  order  to  achieve 
better  reconciliation  measures.  However,  Germany  thinks  that  amendments  may  not  be 
necessary at European level. 

The Greek contribution stresses that the payment for maternity leave should not be sickness 
pay  because  being  pregnant  cannot  be  considered  as  being  ill.  Greece  is  in  favour  of 
increasing the duration of maternity and parental leave. As to an increase in the payment for 
maternity leave and the introduction of a payment for parental leave, this should be decided at 
Member States' level. Greece is also in favour of introducing filial leave at European level.  

The Hungarian contribution stresses that the payment for maternity leave should remain at its 
present  level.  The  14-week  leave  period  is  considered  to  be  too  short.  The  payment  for 
parental  leave  should  remain  within  Member  States'  competence.  In  order  to  encourage 
fathers to avail themselves of parental leave, it would be useful to have a minimum part of the 
leave  which  is  reserved  exclusively  for  them.  Parental  leave  could  be  extended  beyond  its 
present  duration  at  EU  level.  area  concerted  effort  is  considered  necessary  to  find  effective 
ways to combat gender stereotypes by promoting family-friendly workplaces and encouraging 
men to take the available leave related to parenthood. 

The  Irish  contribution  stresses  that  any  improvements  to  the  existing  provisions  should  be 
made at national level. 

Italy points out that it is a good idea to increase the level of allowance for maternity leave in 
order to ensure that the level of income available to mothers remains unchanged. This could 
in  their  view  also  boost  birth  rates  and  influence  the  sustainability  of  pension  schemes.  A 
further  view  expressed  is  that  increasing  the  duration  of  maternity  leave  would  represent  a 

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step  towards  better  maternity  protection  and  would  support  the  development  of  the  child. 
Furthermore,  it  will  increase  female  employment  if  special  tax  arrangements  are  made  for 
social contributions. Accordingly, efforts should be made to ensure that this kind of approach 
becomes an integral part of business thinking and is viewed as a win-win situation. Therefore 
it would be useful to make the system as standard as possible throughout the EU in order to 
avoid 'social dumping' in the EU. 

As regards parental leave, the Italian contribution points out that it would be a good idea to 
increase  the  duration  of  leave  and  provide  for  an  allowance  of  at  least  30%  of  salary.  The 
right  should  be  made  non-transferable  as  a  way  to  encourage  fathers  to  take  parental  leave. 
However,  as  fathers  very  often  constitute  the  main  source  of  income,  the  idea  of  non-
transferability does not seem suitable as long as there is no adequate level of remuneration in 
place. Also, an indication as to flexibility would be useful, but here Member States should be 
free to adapt to their own needs. It would also be useful to be able to take parental leave until 
the child reaches a higher age. By spreading the leave over a longer period instead of being 
forced  to  take  it  in  the  first  years,  mothers'  availability  for  the  labour  market  would  be 
enhanced and leave could be more fairly distributed between the parents. 

Italy  also  supports  the  idea  of  introducing  new  forms  of  leave  and  thus  providing  uniform 
protection  at  EU  level.  Introducing  adoption  leave  is  seen  as  a  particularly  useful  move. 
Paternity  leave  is  deemed  to  be  another  important  measure  in  order  to  stress  that  childbirth 
does  not  only  concern  the  mother.  The  measure  could  thus  support  a  new  model  of  active 
fatherhood  which  is  a  prerequisite  for  reconciliation  policies  and  non-discrimination  against 
women in the labour market.  

According to the reply from Latvia no amendments at EU level are necessary. 

The  Lithuanian  contribution  stresses  that  the  payment  entitlement  provided  for  in  the 
Directive should remain at its present level though Lithuania has more generous provisions at 
national level. They consider that a more flexible framework for maternity/paternity leave will 
have a positive impact on women's capacity to return to the labour market. They support the 
idea of providing a payment for parental leave which should not be lower than sickness pay. 
The  right  should  be  made  strictly  non-transferable.  The  duration  of  parental  leave  could  be 
increased and Lithuania is in favour of providing more flexibility. Leave facilities should be 
offered until the child reaches the age of 3. The three new types of leave should be introduced 
at EU level. 

According  to  the  Netherlands,  no  amendments  at  EU  level  are  necessary.  Amendments  if 
necessary should be made at national level. 

The Maltese view is that no amendments at EU level are necessary. 

The Polish contribution is not in favour of changes as regards maternity or parental leave. In 
their view, also, the new forms of leave do not have to be legislated at EU level. 

Romania in principle thinks that there is no need to amend legislation at EU-level. However, 
it  is  felt  that  parental  leave  should  be  granted  on  a  non-transferable  basis  and  employment 
contract  rights  as  well  as  social  security  rights  should  be  more  protected  at  EU-level.  The 
impact of modifications to the present scheme of parental leave should be subject to a study 
and analysis at EU-level. 

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The Portuguese contribution suggests that the payment for maternity leave should remain at 
its  present  level.  However,  the  duration  of  maternity  leave  could  be  increased  to  15  or  16 
weeks. It should be examined if a payment during a minimum period of parental leave could 
be introduced. The three new types of leave should be introduced given the low birth rates in 
the Member States. 

The Slovakian contribution suggests that the payment for maternity leave should remain at its 
present level. However, the duration of maternity leave should be extended. Parents' ability to 
take  parental  leave  in  a  flexible  manner  is  also  considered  to  be  particularly  necessary. 
However,  it  is  not  considered  necessary  to  extend  parental  leave  beyond  the  child's  8th 
birthday.  As  regards  the  three  new  types  of  leave,  the  feeling  is  that  all  of  them  should  be 
provided at EU level. 

According to the reply from Slovenia, maternity leave at EU level is too short and should be 
extended  to  at  least  105  days.  As  regards  the  allowance  they  take  the  view  that  payment 
during  maternity  leave  can  not  be  equated  to  sickness  pay,  because  pregnancy  can  not  be 
equated to sickness. Therefore, payment should be higher than sickness pay. Slovenia is also 
in favour of introducing an allowance for parental leave and of ensuring the highest possible 
protection of workers with family obligations. 

The Spanish contribution stresses that full payment should be granted during maternity leave. 
As  regards  duration,  Spain  stresses  that  there  should  be  no  additional  burden  put  on 
employers.  It  therefore  provides  for  an  exemption  of  employers'  contribution  to  Social 
Security  for  temporary  replacement  staff.  Parental/paternity  leave  should  be  made  non-
transferable. Paternity leave should be introduced in order to encourage fathers to take over 
more  responsibility.  It  should  last  four  weeks.  Amendments  to  parental  leave  will  have  a 
positive  impact  on  women's  employment.  Elderly  care  is  also  a  big  problem,  necessitating 
special leave and flexible working hours. 

The  Swedish  contribution  stresses  that  though  there  should  be  effective  leave  arrangements 
and  accessible  child  care  available  in  the  Member  States,  it  is  up  to  the  Member  States  to 
regulate matters in this area at a national level. Extending leave rights would in the short run 
imply an overall reduction of job opportunities for women but would in the long term improve 
circumstances for parents to have more children. 

According  to  the  United  Kingdom,  no  amendments  to  maternity  leave  and  parental  leave 
provisions are necessary. Particularly, as regards a payment for parental leave, the feeling is 
that this would put an additional burden on employers. It should be left to Member States to 
adapt these forms of leave to their own needs. 

3. Consultation of NGOs 

By a questionnaire seeking their views on amendments to the legislation in force at European 
level, the Commission, in December 2007, consulted NGOs active in the field.  

The organisation AGE (The European Older People's Platform) welcomes the Commission's 
willingness  to  consider  a  period  of  three  to  six  months'  leave  to  care  for  dependent  family 
members. They advocate measures like work-time adjustment, flexible working hours, leave 
for family reasons, telework, job-sharing and part-time work. They stress that for employees it 
seems easier to ask for time off in order to care for a sick child than for an older relative. They 
do  not  want  to  be  seen  in  a  bad  light  by  their  employer.  Emphasis  should  be  placed  on 

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changing the gender division of unpaid work to a more equal sharing of caring tasks between 
women and men. In families where women have the less secure work the burden of caring for 
elderly  persons  usually  falls  on  them.  Therefore,  the  EU  should  promote  the  role  of  men. 
AGA  provides  an  in-depth  analysis  of  the  current  situation  and,  among  other  things, 
recommends  special  measures  on  elder  care  and  the  use  of  structural  funds  to  finance  care 
services. 

The  'Centre  d'action  laïque'  (member  of  COFACE)  believes  that  the  payment  for  maternity 
leave  should  be  fixed  according  to  the  actual  salary  without  there  being  a  ceiling.  The 
payment should not be less than 85% of the former salary. Furthermore, they take the view 
that  the  duration  of  maternity  leave  could  be  extended  without  necessarily  impacting 
negatively  on  women's  career.  In any event, a group of expert should give its view on how 
long mothers need to recover from giving birth and how long is necessary to ensure the child's 
health.  This  period  should  then  be  fixed  at  EU  level.  However,  the  organisation  thinks  that 
there could be a relation between an increase in premature births and the fact that women are 
allowed in some Member States to defer maternity leave to the time after having given birth. 
Therefore, they  propose  to  give  women the possibility to work reduced hours before giving 
birth. Also, coming back to work women should have the possibility to work part-time. If a 
child is hospitalised, women should have the right to interrupt their maternity leave. Women 
should  be  entitled  to  transfer  any  untaken  part  of  maternity  leave  to  the  fathers.  Member 
States  should  be  encouraged  to  fulfil  their  obligations  as  regards  affordable  and  sufficient 
childcare. 

As  regards  parental  leave,  a  payment  should  be  provided  in  order  to  make  parental  leave 
accessible  and  attractive  for  everybody  and  particularly  for  male  workers.  Research  shows 
that fathers will only avail themselves of parental leave if the total salary is maintained and 
their career will not suffer. In any event, the payment should not be lower than an invalidity 
allowance  or  unemployment  benefits.  Parental  leave  should  be  made  non-transferable. 
According to research, parental leave should not exceed one year in order to exclude negative 
effects  on  parents.  Therefore,  each  parent  should  have  6  months  of  parental  leave.  There 
should be special arrangements for single parents and for parents with handicapped children. 
An  added  possibility  is  special  arrangements  for  parents  as  regards  working  hours.  In  any 
event,  parental  leave  should  be  granted  with  an  optimum  of  flexibility  as  regards  working 
time  arrangements.  The  8  years  age  limit  should  be  repealed  because  parental  leave  can  be 
necessary also during adolescence.  

Paternity  leave  provisions  (around  ten  days)  should  be  introduced  and  a  payment  equal  to 
maternity  leave  should  be  provided.  Furthermore,  adoption  leave  similar  to  maternity  and 
paternity leave provisions should be made available at EU level. Moreover, a form of leave 
(three to six months) to care for dependent family members should be introduced at EU level. 
However, Member States should be invited to put in place sufficient care facilities. 

The Club of large Families in the Slovak Republic which was contacted by COFACE, replied 
that  further  efforts  are  required  to  address  demographic  change,  raise  the  level  of  labour 
market  participation  of  women  and  encourage  also  men  to  take  an  equal  share  of  caring 
responsibilities.  In  their  view,  caring  for  children  should  be  included  in  the  GDP,  because 
parents work for the future of their country. 

COFACE  (Confederation  of  family  organisations  in  the  European  Union)  welcomes  the 
Commission's willingness to improve and strengthen leave rules. Furthermore, Member States 
should  be  encouraged  to  put  into  place  quality,  accessible  and  affordable  care  facilities  for 

EN 

60 

   EN 

 
children and dependent persons. A more flexible approach to working time seems desirable. 
Daytime  schedules  should  be  rethought  (work,  school,  transport,  opening  hours  of  care 
facilities,  shops  etc.)  and  synchronised  with  private  life.  The  organisation  is  in  favour  of  a 
higher  level  of  payment  for  maternity  leave  (at  about  85  %  of  the  gross  wage).  Maternity 
leave  should  be  increased  to  18  weeks.  Three  weeks  should  be  taken  up  before  birth.  As 
regards  parental  leave,  a  payment  in  the  form  of  a  proportion  of  gross  wage  should  be 
provided. The right should be made strictly non-transferable. Employments rights should be 
more protected. The length should be increased to six months per parent. It should be possible 
to  take  it  on  a  part-time  or  piecemeal  basis.  It  should  be  provided  for  every  child  up  to  18 
years  old.  There  should  be  no  requirement  of  seniority  for  taking  parental  leave.  Paternity 
leave of 10 days' duration should be introduced at EU level. It should be provided on the same 
conditions as maternity leave. Also, adoption leave paid at the same level as maternity leave 
and a six months' filial leave arrangement paid at the same level as parental leave should be 
provided at EU level. Both rights should be made strictly non-transferable. 

The  Equality  and  Human  Rights  Commission  (EHRC),  a  UK  statutory  equality  and  human 
rights body, reports changing family patterns as today's parents wish to contribute to family 
income  while  bringing  up  children.  The  focus  on  maternity  provisions  fails  to  pay  due 
attention to fathers' involvement. At present, women have their children later, which might be 
a free choice but also reflects a genuine concern that motherhood impedes career. According 
to research, 8 out of 10 fathers revealed that they would be happy to stay at home and look 
after  the  baby.  The  average  amount  of  leave  taken  by  fathers  was  slightly  more  than  the 
statutory  paternity  leave  entitlement  of  two  weeks.  Both  mothers  and  fathers  want  change, 
namely women want more leave for men (71%), men want to be more involved (70%) and the 
male breadwinner model is rejected (60%). The EHRC recommends greater financial support 
in relation to maternity leave. Paternity leave at EU level should reflect the desire of working 
parents to share family commitments. Caring responsibilities in general can fall to any family 
member. 

Eurocarers (European organisation working for carers)  welcomes  the  move  to  consider  new 
forms of leave at  EU level and  focuses  specifically on a leave to care for dependent family 
members. They think there is a growing need for more reconciliation measures. They refer to 
research carried out in UK showing that one out of five carers must give up work in order for 
him/her to take over care responsibilities. In the organisation's view, carers are often forced to 
take up part-time work and are left with insufficient pension and social security rights. They 
can face discrimination as can be seen in the ECJ-Coleman case (C/303/06) where a woman 
was dismissed because of absences due to caring for her disabled son. 

They think that a leave period of three to six months would be useful to care for dependent 
family members. Nevertheless, they add that a majority of carers provide care for a period of 
several years. For them, more strategies seem necessary in this respect. Accordingly, practical 
options could include more flexible hours, part-time work, ad-hoc day-care facilities, telework 
and telecare. 

Eurochild, an active network of organisations and individuals working in and across Europe 
to improve the quality of life of children and young people, which was contacted through the 
Social Platform, replied that maternity and parental leave times should be interrelated. Fathers 
should  be  encouraged  to  take  parental  leave.  Therefore,  it  should  be  made  non-transferable. 
As studies reveal that financial reasons and fear of damaging their career are the main reasons 
why fathers do not take parental leave, a payment should be provided. The maximum age of 
children should be increased to 18 years. The organisation also recommends the introduction 

EN 

61 

   EN 

 
of  paternity  and  adoption  leave  at  EU  level.  In  their  view  it  is  very  important  also  to  boost 
childcare facilities. The Barcelona targets for childcare set six years ago are met by only a few 
Member States. 

The  European  Anti  Poverty  Network  (EAPN)  informed  via  the  Social  Platform,  wants 
adequate  income  provisions  along  with  security  provisions  and  flexibility  to  form  part  of 
legislative reforms. 

The  European  Women's  Lobby  (EWL)  supports  the  improvement  of  the  existing  European 
legislation  and  the  introduction  of  new  tools.  They  think  that  maternity  leave  should  be 
increased from 14 to 24 weeks on the basis of a full salary. Parental leave should be increased 
and  it  should  be  made  non-transferable.  The  specific  needs  of  parents  undergoing  artificial 
insemination should be incorporated in the parental leave directive. The leave should be paid 
for 24 weeks.  Fully paid  paternity leave of at least 18 days should be introduced. Adoption 
leave and leave to care for an elderly parent and/or other dependants should be recognised and 
introduced.  

The  European  Youth  Forum  (a  platform  of  95  national  youth  organisations  in  Europe, 
promoting the interests of young people) believes that it is of utmost importance to create a 
'caring  society'  by  developing  a  culture  of  reconciliation.  The  organisation  calls  on  the 
Commission  to  develop  strategies  to  agree  on  a  common  standard  for  Member  Sates  to 
organise  reconciliation  services  and  mechanisms.  There  should  be  an  exchange  of  good 
practices  in  the  Member  States.  In  their  view  youth  autonomy  is  a  precondition  for 
reconciliation policies. Therefore, decent employment should be increased for young people. 

The  organisation  'Gezinsbond'  (a  Flemish  association  in  support  of  families)  is  in  favour  of 
increasing  the  payment  for  maternity  leave  to  80%  of  the  former  salary.  Maternity  leave 
should last at least six months. The organisation is in favour of an additional period of three 
weeks' maternity leave before the expected date of birth. Research has confirmed that if there 
is a sufficient level of payment birth rates will increase. As regards parental leave, at least a 
minimum wage should be paid in order to make this form of leave accessible to all workers. 
This is the only way, furthermore, to also bring fathers into parental leave. It is important in 
their  view  to  include  more  fathers  in  order  to  engender  a  attitudinal  shift  in  society.  At 
present,  employers  still  hesitate  to  employ  women  because  they  expect  them  to  become 
pregnant  and  take  up  parental  leave.  If  fathers  were  to  take  this  leave  more  often,  this 
argument  would  loose  ground.  It  would  also  decrease  the  gender  pay  gap.  They  are  also  in 
favour of increasing parental leave to at least six months per parent and providing it until a 
child is up to 18 years old. A wide range of flexibility in the conditions for taking up leave 
should be available. Furthermore, 10 days of paternity leave and 22 weeks of paid adoption 
leave should be introduced. On the basis of a minimum wage, a six months' leave period to 
care for dependent family members should be introduced, too. 

'European  Fatherhood'  (a  European  organisation  supporting  active 
The  organisation 
fatherhood) replied that in their view maternity leave payment should be raised to full pay in 
order to provide a safe financial background for young families. The duration should be raised 
to  26  weeks  in  order  to  consolidate  breast-feeding  and  ensure  the  health  of  the  child.  The 
organisation feels that it is necessary that parents receive payment during parental leave. The 
duration  should  be  increased  to  one  year  and  made  available  on  a  flexible  basis.  Fathers 
should be more active and involved. 

EN 

62 

   EN 

 
According  to  the  'Institut  pour  l'égalité  des  femmes  et  des  hommes'  in  Belgium,  instead  of 
increasing the duration of maternity leave one should in general improve remunerated leave 
facilities for mother and father. As regards the age up until which parents should be able to 
take parental leave, the government is in favour of fixing the age at 10. Paternity leave should 
also be available for partners of the same sex. The negotiation of new framework agreements 
on all the different forms of leave should be prioritised and should have binding force. Also, 
childcare and care facilities for handicapped and elderly perons should be increased. 

The  'Ordre  des  sages-femmes'  (the  mid-wives  organisation)  in  France,  an  organisation 
requiring  obligatory  membership  for  all  midwives  who  work  in  France,  takes  the  view  that 
maternity  leave  should  not  be  paid  according  to  sick  leave  but  should  be  remunerated  on  a 
100%  basis.  Maternity  cannot  be  compared  to  sickness.  As  regards  duration  of  maternity 
leave, the organisation takes the view that with regard to breastfeeding the period should be 
six months ideally. Referring to research work carried out in this domain217, a three months' 
period of breastfeeding helps to diminish certain illnesses, like allergies and others, and is in 
general important for the child's progress. For the society, this helps to reduce costs in health 
insurance.  Also,  with  regard  to  the  mother's  capacity  to  rejoin  work,  the  duration  should  be 
increased. According to a study carried out in France218, more than 80% of women think that 
16 weeks' maternity leave is too short. The organisation, being in favour of including fathers 
in care work, supports the idea of a 10 days' paternity leave. 

The Social Platform, a platform of European Social NGOs believes that EU legislation is the 
best means guaranteeing an adequate level of protection throughout Europe. The organisation 
encourages the Commission to develop an action plan outlining how policies can contribute to 
increased  investment  in  care  services  and  stimulate  the  creation  of  quality  jobs.  The 
organisation  also  stresses  that  care  leave  could  be  needed  by  a  single  parent,  in  a  blended 
family where not the natural or legal parent but a new partner would need leave or in a same-
sex partnership. Rights should apply also to self-employed people, to unemployed people or 
people  looking  for  a  job.  Care  leave  should  be  paid  in  the  organisation's  view.  The 
employment  position  should  be  preserved.  New  forms  of  leave  such  as  paternity  leave, 
added. 
adoption 

should 

leave 

leave 

filial 

and 

be 

217 

218 

J. Van Odijk and others, Breastfeeding and allergic diseases: a multidisciplinary review of the literature 
(1966-2001),  Allergy  58;833-843;  W.H.  Oddy  and  others,  Breastfeeding  and  respiratory  morbidity  in 
infancy, Archives of Disease in childhood, 88/224-228 
Enqête de la DRESS, N° 531, octobre 2006, page 7 

EN 

63 

   EN 

 
                                                 
ANNEX III: Table on legal provisions in Member States 

I. Table maternity leave (according to informations given by the Member States in their 
contribution to the questionnaire) 

Member 
State 

Duration 

Obligatory period 

payment 

Piecemeal 
way 

AT 

16 weeks 

8  weeks  before  and  8 
weeks after 

100% of average earnings 

No info 

BE 

15 weeks 

1  week  before  birth,  9 
after birth 

Dependent  on  SPF  ('Sécurité 
sociale')  

No info 

BU 

315 days 

45  days  before  and  95 
after birth 

135  days  are  paid  at  90%  of 
average  income,  the  rest  at 
social security benefit 

No info 

CY 

No 
received 

info 

No info received 

No info received 

info 

No 
received 

CZ 

28 weeks 

no 

DE 

14 weeks 

6 weeks before, 8 weeks 
after birth 

DK 

18 weeks 

no 

EE 

140  calendar 
days 

No, but maternity benefit 
decreases 
if  maternity 
leave  starts  less  than  30 
days  before  expected 
date of birth 

69%  of  average  income  of  12 
months with ceiling 

No info 

100% of last earnings 

No info 

According  to  most  collective 
agreements: 100% of salary 

No info 

100%  of  average  earnings  of 
preceding calendar year 

No info 

EL 

ES 

FI 

17 weeks 

7 before, 9 after birth 

100% 

No info 

weeks, 
16 
transferable  to 
partner 

6  weeks  after  birth  for 
mother 

105  working 
days 

2 weeks before estimated 
birth 

100% of calculation basis 

yes 

yes 

Payment 
is  dependent  on 
previous  earnings  (decreasing 
after the first 56 working days 
after  birth)  minimum  amount 
is  15.20  EUR  per  day, 
otherwise 
on 
collective agreements 

dependent 

FR 

16 weeks 

2  weeks  before  and  6  100%  of  earnings  in  last  3 

EN 

64 

   EN 

 
 
weeks after 

months with ceiling 

HU 

24 weeks 

As  a  recommendation  4 
weeks before birth 

70%  of 
(sickness pay) 

the  former  salary 

info 

No 
received 

IE 

IT 

LT 

LU 

42 weeks 

5 months 

2  weeks  before  birth,  4 
weeks after birth  

26 weeks are paid at a level of 
80% of earnings with ceiling 

No info 

2  months  before,  3 
months after birth 

average 

of 
80% 
remuneration  paid 
month preceding leave 

daily 
the 

in 

No info 

126  calendar 
days 

yes 

100% of average earnings 

No info 

No 
received 

info 

No info received 

No info received 

info 

No 
received 

LV 

112 days 

2  weeks  before  and  2 
weeks after confinement 

100 % of average earnings 

MT 

14 weeks 

4 weeks before, 6 weeks 
after birth 

Full pay 

NL 

16 weeks 

4  weeks  before  and  6 
weeks after birth 

Full pay 

No info 

No info 

8 weeks after birth 

100% of average earnings 

No info 

PL 

weeks 
18 
(parts 
of 
which  can  be 
by 
taken 
father) 

PT 

120 days 

6 weeks after birth 

100% of the base salary 

info 

No 
received 

RO 

126 days 

42 days after delivery 

Maternity  allowance  on  the 
basis of 85 % average income 

No info 

2  weeks  before  or  after 
confinement 

390  days  are  paid  at  80%  of 
earnings, 90 days are paid at a 
minimum allowance 

yes 

SE 

Seven  weeks 
before 
and 
seven  weeks 
after 
confinement, 
then 
child 
months old 

until 
is  18 

SI 

105 days 

28  days  before  due  birth 
date 

100% of average earnings 

no 

EN 

65 

   EN 

 
 
SK 

28 weeks 

14 weeks  

UK 

52 weeks 

2 weeks after birth 

55% of daily assessment basis, 
upper limit 15 000 SKK (about 
500 EUR) 

Employer pays 90% of former 
income  for  first  6  weeks,  then 
lump sum (about 151 EUR) 

no 

II. Table parental leave (according to informations given by the Member States in their 
contribution to the questionnaire) 

Member 
State 

Age 
child 

of 

Duration 

Transferable 
partner or not 

to 

Payment 

Piecemeal 
way 

AT 

BE 

BU 

CY 

2  years  (7 
if 
years 
suspended) 

In  general,  until 
the  child  is  2 
years old  

yes 

6 years 

3 months  

no 

8 years 

6  months 
each parent 

for 

no 

Lump sum 

yes 

Benefit 

No 

yes 

no 

info 

No 
received 

No info received  No info received 

No info received 

CZ 

3 years 

three 
to 
Up 
years  for  both 
parents 

No  need,  because 
they  can  take  it  at 
the same time 

3 years 

yes 

DE 

3  years  (if 
employers 
agrees  12 
years) 

DK 

9 years 

EE 

3 years 

32  –  40  weeks 
for both parents 

no 

yes 

18  months  (can 
be 
extended 
child 
until 
reaches  3,  but 
will be paid only 
by lump sum) 

info 

No 
received 

No info 

yes 

from 
security, 
different 

Allowance 
social 
three 
amounts 
depending  on  age 
of child 

67% of net income 
with ceiling for 12 
months 
14 
months  if  partner 
takes  2  months 
parental leave 

or 

Maternity  benefit 
during 32 weeks 

In 2 blocks 

No info 

100%  of  average 
earnings  (ceiling: 
times 
three 
national 
average 
earnings); 

After expiration of 
18  months  only 

EN 

66 

   EN 

 
 
EL 

ES 

FI 

3 1/2 years  7 months 

8 years 

for  3 
time-off 
years; 1 hour off 
per  week 
or 
part-time  

no 

no 

yes 

days 

in 
158 
total, 
starting 
after  maternity 
leave 

be 
in 

To 
taken, 
principle, 
directly 
after 
maternity 
leave 

FR 

3 years 

3 years 

no 

HU 

2 years (10 
years) 

years 

2 
years) 

(10 

yes 

lump sum 

No 

No 

Yes, 
but 
decreasing: around 
75%  of  annual 
(with 
earnings 
ceiling) 
the 
first  30  working 
then  70% 
days, 
with ceiling 

for 

Differentiated 
system  of 
sums  

lump 

70%  of 
former 
with 
income 
ceiling  for  2  years 
(lump  sum  up  to 
ten years) 

No info 

yes 

yes 

Part-time 

yes 

IE 

8 years 

14  weeks  per 
parent 

No 

yes 

Yes,  if  both  parents 
work  for  the  same 
employer  who  must 
agree 

IT 

8 years 

10 months 

yes 

LT 

3 years 

3 years 

yes 

30% 
salary 
of 
before  child's  3rd 
birthday 

year 

First 
at 
100%, second year 
at 85% 

yes 

yes 

LU 

info 

No 
received 

No info received  No info received 

No info received 

info 

No 
received 

LV 

8 years 

8 months 

No information 

70%  of  average 
earnings 

yes 

MT 

8 years 

3  months 
both parents 

for 

No clear answer 

No payment 

EN 

67 

Yes, 
blocks of 1 
month 

   EN 

 
NL 

8 years 

13  weeks 
weeks 
2009) 

no 

(26 
from 

Tax  relief  of  50% 
of 
statutory 
minimum wage 

PL 

4 years 

3 years 

yes 

PT 

6 years 

3  months 
or 
part-time  for  12 
months 

No  

Yes,  a  lump  sum 
for  24  months  if 
the  income  does 
not 
a 
exceed 
certain level 

equal 

for  15 
payment 
days 
to 
100%  of  the  base 
salary, if the father 
takes 
parental 
leave 

Yes, 
depending 
on decision 
of 
employers 

yes 

yes 

RO 

2 years 

3  months 
each parent 

for 

yes 

Lump sum 

No info 

SE 

8 years 

months 
weeks 

18 
Seven 
before 
confinement  and 
weeks 
seven 
after (480 days) 

Yes, but 60 days out 
of  the  total  share  of 
480  days  must  be 
taken by each parent

80%  of 
(with ceiling) 

income 

yes 

SI 

8 years 

260 days 

yes 

100% of income 

Full-time, 
part-time 
and 
piecemeal 

SK 

Up 
years 

3  years  (6 
years 
if 
poor 
health) 

to 

three 

yes 

Lump sum 

yes 

UK 

5 years 

13  weeks 
each parent 

for 

No 

yes 

No,  but  partner  can 
take 
26  weeks 
maternity  leave,  if 
mother 
to 
work 

returns 

III.  Table  paternity  leave  (according  to  informations  given  by  the  Member  States  in 
their contribution to the questionnaire) 

Member 
State 

Duration 

Payment 

EN 

68 

   EN 

 
AT 

BE 

BU 

CY 

CZ 

DE 

DK 

EE 

EL 

ES 

FI 

FR 

HU 

IE 

IT 

LT 

LU 

LV 

NL 

PL 

PT 

RO 

SE 

2-3 days (collective agreement) 

No info 

10 days for 'congés de circonstances' 

No 

No info received 

No 

No 

10 days 

10 working days 

2 days 

13 days (4 weeks in 2013) 

18 working days (in 2010, will be extended by 2 
weeks) 

11 days 

5 days 

No 

No  

1 month 

No info received 

10 days 

Yes 

No 

No info received 

No 

No 

100% of salary with upper limit 

100% of salary 

100 % 

Yes 

Yes 

Like maternity benefit 

Lump sum 

No 

No 

100% of reimbursable remuneration 
to  seven  months'  prior 
sublect 
coverage 
insurance 
scheme  

social 

in 

No info received 

No info 

Yes 

No info 

Yes 

5 days (proposed revision recommends 10 days) 

100% of base salary 

5 days 

70 days 

Yes 

Yes (80% of income with ceiling) 

MT 

1-3 days 

2 days 

2 days 

EN 

69 

   EN 

 
SI 

90 days 

15  days  100%,  for  the  rest  social 
security contributions 

SK 

UK 

No (only parental leave) 

No 

2 weeks 

Flat rate 151 EUR/week 

IV. Table on adoption leave (according to informations given by the Member States in 
their contribution to the questionnaire) 

Member 
State 

Duration 

Payment 

AT 

BE 

BU 

CY 

CZ 

DE 

DK 

EE 

EL 

ES 

FI 

FR 

HU 

IE 

IT 

LT 

LU 

LV 

Until child is 2 years old 

As parental leave 

4 -6 weeks and parental leave 

6 months for each parent 

No info 

No 

No info received 

No info received 

Like maternity and parental leave 

Like maternity and parental leave 

3 years 

32 - 40 weeks 

70 calendar days 

67% with ceiling 

Like parental leave 

100% of average earnings 

Like maternity and parental leave 

Like maternity and parental leave 

Like maternity and paternity leave rights 

Like maternity and paternity rights 

 234 working days 

Like  parental  leave,  but  allowance 
is only paid until 234 working days 
after birth of child 

10 weeks 

Like maternity leave 

Like maternity and parental leave 

40 weeks 

As natural parents 

As parental leave 

No info received 

10 days 

Like  for  maternity  and  parental 
leave 

24 weeks paid, 16 weeks unpaid 

Like maternity and parental leave 

As parental leave 

No info received 

No info 

EN 

70 

   EN 

 
MT 

3 months for both parents 

No payment 

NL 

PL 

PT 

RO 

SE 

SI 

SK 

4 weeks 

Like maternity leave 

Maternity allowance 

100% of salary 

100 days for both adoptive parents together 

special allowance 

Like parental leave 

Like parental leave 

Like parental eave 

Like parental leave 

120-150 days depending on age of the child 

Yes 

Maternity leave and parental leave 

As for maternity leave and parental 
leave 

UK 

Similar to maternity leave 

Similar to maternity leave 

V. Table on filial leave (according to informations given by the Member States in their 
contribution to the questionnaire) 

Member 
State 

Duration 

1-2 weeks 

10 days (or more unpaid) 

No  

No info received 

No info 

Payment 

Yes 

Yes 

No 

No info received 

No info 

5  days  for  children  (plans  to  enhance  leave 
provisions219) 

Yes 

No info 

On  presentation  of  care  certificate  up  to  14 
calendar  days,  otherwise  unpaid 
leave  by 
agreement with employer 

No info 

between 
unpaid 

80-100%, 

otherwise 

4-12  days  for  children  depending  on  number  of 
children and motives 

yes 

AT 

BE 

BU 

CY 

CZ 

DE 

DK 

EE 

EL 

ES 

2 days 

Yes 

219 

After the questionnaire had been replied Germany introduced a law reforming care services. This law 
(Pflegezeitgesetz) will come into force on 1 July 2008 porviding for 6 months' unpaid leave. 

EN 

71 

   EN 

 
                                                 
FI 

FR 

HU 

IE 

IT 

LT 

LU 

LV 

Different rights for dependent children but not for 
elderly 

No info 

Depending on the type of leave 

Lump sum or unpaid 

For close relatives up to 2 years 

3 days per year 

3 days (or unpaid leave for serious reasons) 

No  

Yes 

Yes 

14  -30  calendar  days  for  disabled/ill  child  or  the 
employee herself/ himself 

Sickness pay for 7 days 

No info received 

no info received 

3 days but only for disabled child 

yes 

MT 

Only according to collective agreements 

Unpaid 

NL 

PL 

PT 

RO 

SE 

SI 

SK 

UK 

Short or long term 

For short-term leave 

60  days  for  sick  child,  14  days  for  other 
dependent family members 

80% of the sickness benefit 

special leave for sick or chronically ill child  

65% of base salary 

No  

No 

120  days  for  a  sick  child  (indefinite  leave  for 
child with serious illness) 

Paid (80% of income with ceiling) 

7 – 15 working days 

No info received 

'Reasonable time off' 

Yes 

No info received 

No info 

EN 

72 

   EN 

 
Table 1: 

ANNEX IV: Statistical data 

Employment rates (women and men aged 15 - 64) in EU Member States- 2007

percent 

90

80

70

60

50

40

30

20

10

0

72,5

58,3

Women

Men

Lisbon target 
for  total 
employment 
rate in 2010

Lisbon target 
for women's 
employment 
rate in 2010

DK SE  NL  FI  EE  UK LV AT DE SI CY  LT PT IE FR

EU-
27

BG CZ LU BE ES SK RO HU PL EL

IT MT

Source:  Eurostat Labour Force Survey (LFS), annual averages.. 

Table 2: 

Employment rates of older workers (women and men aged 55 - 64) in EU Member States- 2007

t
n
e
c
r
e
p

80

70

60

50

40

30

20

10

0

Women

Men

Lisbon target 
for  55-64 
aged workers 
employment 
rate in 2010

53,9

36,0

SE EE FI DK LV UK LT PT DE CY NL IE FR

EU 
27

BG RO CZ ES LU AT EL HU BE IT SI SK PL MT

Source:  Eurostat, Labour Force Survey (LFS), annual averages. EU27, DE and FR: provisional value. MT: for women unreliable or uncertain data.

Source: Eurostat, Labour Force Survey (LFS), annual averages.  MT: for women unreliable or uncertain data. 

EN 

73 

   EN 

 
 
 
 
 
Table 3: 

Pay gap between women and men in unadjusted form in EU Member States - 2006 (1)

Difference between men's and women's average gross hourly earnings as a percentage of men's average gross hourly earnings)

t
n
e
c
r
e
p

30

25

20

15

10

5

0

15

EU 
27

LT LV SE DK CZ NL AT FI UK DE SK CY EE

MT BE PT SI

IE

IT EL RO FR HU PL ES BG LU

Source : Eurostat. Administrative data are used for LU, Labour Force Survey for FR and MT. Provisional results of EU-SILC (Statistics on income 
and Living Conditions) are used for BE, IE, EL, ES, IT, AT, PT and UK. All other sources are national surveys. 
EU27, BE, FR, CY, PT and SI provisional results.
(1) Exception to the reference year: 2005: EE, IT, NL.
NB: EU27 estimates are population weighted-averages of the latest available values. CZ: calculations based on the median earnings.

Table 4 

Share of part-time workers in total employment, in EU Member States - 2007

Women

Men

t
n
e
c
r
e
p

80

70

60

50

40

30

20

10

0

BG SK

HU

LV

CZ

EL

LT

RO CY

SI

EE

PL

PT

FI

ES MT

IT

FR

31,2

7,7

EU
27

IE

DK

LU

SE

BE

AT

UK

DE

NL

Source : Eurostat, Labour Force Survey (LFS). 
Source:  Eurostat, Labour Force Survey (LFS).
IE: for women, unreliable or uncertain data.  EE, IE, LU: for men, unreliable or uncertain data. 
EU27: provisional results. IE: for women, unreliable or uncertain data. EE, IE, LU: for men, unreliable or uncertain data.
t i d t
DE P

lt EE f

li bl

i

i

l

EN 

74 

   EN 

 
 
 
 
Table 5: 

At-risk-of-poverty rate after social transfers1 for older people (women and men aged 65 years and 
over), in EU Member states, 2006 

Women

Men

t
n
e
c
r
e
p

60

50

40

30

20

10

0

21

16

EU
25

NL

CZ

LU

PL

HU SK DE

SE

FR DK MT

AT

RO BG

IT

BE

SI

PT

FI

EL

LT

UK

EE

IE

ES

LV

CY

Source:  Eurostat. SILC and national sources.
NB: 1) At risk of poverty rate for elderly persons: The share of persons aged 65+ with an income below the risk-of-poverty threshold, which is set at 60% of the national
median income. Income must be understood as equivalised disposable income (sum from all sources, adjusted for household size and composition). It should be 
noted that the risk-of-poverty indicator is computed using an income definition which does not yet include imputed rent of owner-occupiers. Comparisons between 
genders are based on the assumption of equal sharing of resources within households.
EU25: Eurostat estimation. MT, PT: provisional value.

Employment rates of women aged 25-49, depending on whether they have children 
(under 12) - 2007
(12 years or younger) - 2007 

without children

with children

77,9

65,5

Table 6a: 

90

80

70

60

50

40

30

20

10

0

SI

LT

PT

NL

CY

FI

LV

BE

FR

AT

BG

EE

RO

LU

DE

PL

UK EU 27 ES

IE

SK

EL

CZ

IT

HU

MT

Source  : Eurostat, European Labour Force Survey, annual averages.
Notes : No data avaialble for DK and SE. 

EN 

75 

   EN 

 
 
 
Table 6 b: Time series of employment of women without and with children 2000 and 2007: 

Employment rates of women, aged 25-49, without children under 12

without children aged 12 or younger 

2000 (1)
2007 (1)

110

90

70

50

30

10

-10

77,9

72,3

MT

IT

EL

ES

RO

PT

PL

BE EU 27

LU

CY

HU

BG

IE

FR

SK

DE

UK

DK

NL

SI

LV

AT

LT

FI

EE

CZ

Source:  Eurostat, Labour Force Survey.
(1) Exceptions for reference year 2000: DK: 2002. For FI: 2003. For reference year 2007: DK: 2006.
For 2000: Unreliable or uncertain data for EE, FR, SI.

      SE: data not available. 

EN 

76 

   EN 

 
 
 
Table 6c: 

Cross-country correlation between female employment rates and fertility rates 

Female employment rate and fertility

2

1,9

1,8

1,7

1,6

1,5

1,4

1,3

e
t
a
r
y
t
i
l
i
t
r
e
f

l

a
t
o
T

1,2

30

BE

LU

EU

CZ

MT

GR

IT

PL

ES
RO
BG

HU

SK

35

40

45

50

55

Employment rate

FR

IE

CY

EE

AT
PT

DE

SI

LV

LT

60

FI
UK

NL

DK

SE

R2 = 0,2794

65

70

75

Source: Commission's own calculation, Eurostat data 

Table 6d 

Total fertility rate - 2006 (1)

2,5

2,0

1,5

t
n
e
c
r
e
p

EU 27 (1) average

1,0

2,0

1,9

1,9

1,8

1,8

1,8

1,7

1,7

1,6

1,5

1,4

1,4

1,4

1,4

1,4

1,4

1,4

1,3

1,3

1,3

1,3

1,3

1,3

1,3

1,3

1,2

0,5

0,0

FR

IE

SE

FI

UK

DK

NL

LU

EE

CY MT

AT

EL

ES

BG

LV

PT

HU

CZ

DE

IT

LT

RO

SI

PL

SK

Source : Eurostat.
(1) EU 27 without BE, BE: not available. For IT: 2005.

EN 

77 

   EN 

 
 
 
 
 
Table 7a 

Employment rates of men aged 25-49, depending on whether  they have children 
(aged 12 or younger) - 2007 

Employment rates of men aged 25-49, depending on whether they have children 
(under 12) - 2007

Without children

With children

91,7

84,4

100

90

80

70

60

50

40

30

20

10

0

EL

LU

CY

CZ

NL

SI

EE

MT

AT

FI

IT

ES

PT

IE

FR

BE EU 27 DE

UK

LV

SK

PL

LT

HU

BG

RO

Source  : Eurostat, European Labour Force Survey, annual averages.
Notes : No data for DK and SE. 

Table 7b:  

Maternal employment rates by number of children aged 14 or younger, 2007 

Maternal employment rates, aged 25-49, by number of children aged 14 or younger 
Maternal employment rates, aged 25-49, by number of children under 14, 2007

1 child

2 children

3+ children

t
n
e
c
r
e
p

100

90

80

70

60

50

40

30

20

10

0

71,2

64,8

48,1

SI

LT NL

FI CY PT BE LV FR AT PL RO LU EE UK EU
27

DE

IE

ES BG EL SK CZ

IT HU MT

Source : Eurostat, Labour Force Survey (LFS).
BG, EE, MT, SI for 3+ children: unreliable or uncertain data due to low sample size.

Source : Eurostat, Labour Force Survey (LFS) 
BG, EE, MT, SI for 3+ children: unreliable or uncertain data due to low sample size.  DK, SE: Data not available 

Source: Eurostat 

EN 

78 

   EN 

 
 
 
Table 8 

t
n
e
c
r
e
p

70

60

50

40

30

20

10

0

Part-time employment in the EU, by gender and age (% of total employment), 2007

52,1

46,8

60,9

33,8

33,8

29,2

31,2

25-24 years old
25-49 years old
50-64 years old
65 years+
All ages

25,6

19,2

15,7

18,2

18,8

8,0

7,7

4,7

Total

Men

Women

Source : Eurostat, Labour Force Survey (LFS).

Table 9 

100%

90%

80%

70%

60%

50%

40%

30%

20%

10%

0%

Sex distribution of self-employed persons - 2007

Women

Men

67,5

32,5

BE EU
27

FR ES EE CY

IT

EL

SE RO DK UK

SI

CZ SK MT

IE

PT

AT

LU LV

LT NL DE HU PL BG FI

Source:  Eurostat, Labour Force Survey (LFS).
EE, MT: unreliable or uncertain value.

EN 

79 

   EN 

 
 
Table 10 

difference in percentage points in employment rates without the presence of any children and with presence of a child aged 0-6

Employment impact of parenthood for women (aged 20-49)

2000 (1)

2007

50

40

30

20

10

0

-10

12,6

12,4

SI PT

DK

RO

BE

CY

LU

IT

EL

LT

ES

NL

PL

FR EU27 MT

IE

FI

AT

LV

DE

BG

UK

EE

SK

HU

CZ

Source:  Eurostat, Labour Force Survey.
(1) Exceptions for reference year 2000: For BG, PL: 2001. For DK, LT: 2002. For FI: 2003.

SE: Data not available. 

Table 11: 
than 30 hours) – 2006. 

Children  0-2  (=  under  3)  covered  by  formal  childcare  (less  and  more 

Children 0-2 (=under 3) covered by formal childcare (less and more than 30 hours) - 2006

>30

1 to 29

t
n
e
c
r
e
p

80

70

60

50

40

30

20

10

0

14

12

EU
25

DK NL SE BE ES UK PT

FR LU

SI

Source : Eurostat, EU-SILC.

IT

FI

CY

IE

DE EE

LV

EL MT HU SK AT

LT CZ

PL

Table 

12:

EN 

80 

   EN 

 
 
 
 
 
Proportion of children up to 3 years cared for by formal arrangements, up to 30 hours / 30 hours or more 
per usual week 

30 hours and more

less than 30 hours

80

70

60

50

40

30

20

10

0

DK NL SE BE ES PT UK FR LU SI FI

IT EU-
25

CY EE DE IE LV EL HU MT SK LT AT PL CZ

Source: Eurostat, EU-SILC 2006, Provisional data 

EN 

81 

   EN 

 
Table 13: Actual versus preferred model of labour participation, in % 

Man full-time/
woman full time

Man full-time/

Man full-time/

Other

woman part-time woman not employed

BE

   Actual
   Preferred
   Actual-preferred

DE

   Actual
   Preferred
   Actual-preferred

IE

   Actual
   Preferred
   Actual-preferred

GR

   Actual
   Preferred
   Actual-preferred

ES

   Actual
   Preferred
   Actual-preferred

FR

   Actual
   Preferred
   Actual-preferred

IT

   Actual
   Preferred
   Actual-preferred

LU

   Actual
   Preferred
   Actual-preferred

NL

   Actual
   Preferred
   Actual-preferred

AT

   Actual
   Preferred
   Actual-preferred

PT

   Actual
   Preferred
   Actual-preferred

FI

   Actual
   Preferred
   Actual-preferred

SE

   Actual
   Preferred
   Actual-preferred

UK

   Actual
   Preferred
   Actual-preferred

46
55
-9

16
32
-16

31
31
0

42
66
-23

26
60
-34

39
52
-14

35
50
-16

25
28
-2

5
6
-1

19
36
-17

75
84
-10

49
80
-31

51
67
-16

25
21
4

19
29
-9

23
43
-20

19
42
-24

8
11
-3

6
12
-5

14
22
-8

12
28
-16

27
30
-3

55
70
-15

28
40
-12

5
8
-3

6
9
-2

13
22
-9

32
42
-10

27
13
14

52
6
47

37
8
29

36
9
27

57
20
37

38
14
24

43
11
33

49
12
37

34
11
23

48
4
44

19
4
15

33
10
23

25
7
18

33
13
20

7
3
4

9
19
-11

14
19
-5

14
14
-1

11
9
2

8
12
-3

10
11
-1

0
30
-30

7
14
-7

5
21
-16

2
4
-1

12
1
11

11
4
6

10
24
-13

Note:  A  negative  difference  between  actual  and  preferred  participation  indicates  that  the  actual 
participation  is  below  what  the  couple  would  prefer  while  a  positive  difference  indicates  that  the 
actual participation is higher than what the couple would prefer.  

Source: 

Jaumotte 

(2003)

EN 

82 

   EN 

 
 
ANNEX V: Table on gross costs and benefits from improved leave schemes 

Level 

Costs 

Benefits 

Society  
(socioeco-nomic 
level) 

•  production loss at aggregate level (short-term 
effect  on  labour  supply  -  although  some 
substitution of leavers) 

• 

increased  female  labour  market  participation 
and  utilisation  of  human  capital  over  the  life 
course 

• 

inflexibility of schemes - i.e. adjustment costs 

•  enhanced gender equality in family patterns  

• 

increased  gender  inequality  if  mainly  women 
take up new leave provisions 

•  higher fertility rate  

• 

improved child health 

• 

tax distortion 

• 

improved female economic independence  

•  more 

flexible 

i.e. 
allowing  for  easier  transitions  into  and  out  of 
employment 

female  participation 

- 

Government 
budget  

•  short-term lower tax income due to production 

• 

loss 

long term higher tax income due to increased 
female labour market participation 

• 

increased  compensation  payments 
leave schemes 

from 

•  savings  on  unemployment  or  social  security 

benefits from substitution of leavers 

• 

increased administrative costs 

•  saved expenses for child care 

• 

lower  costs  for  special  needs  education,  and 
child life improved 

Employer  

•  production loss at aggregate level (short-term 
effect  on  labour  supply  -  although  some 
substitution of leavers) 

•  productivity increases due to improvements in 
health, morale, and loyalty of employees  

• 

increased administrative costs  

• 

• 

training  costs:  substitution  staff  and  returning 
leavers 

increased  employer  compensation  payments 
to leave schemes  

• 

• 

increased  female  labour  market  participation 
and thus increased labour supply 

lower  recruitment  costs  -  as  a  result  of 
increased  attraction  of  work  place  and  the 
chance to test substitution staff  

Employee  

• 

loss of income during leave  

• 

improved parent health (lower stress levels)  

• 

loss  of  income  after  returning  to  work  due  to 
loss of human capital  

•  more family quality time  

• 

loss of pension rights  

• 

increased financial independence of women 

•  enhanced  participation  of  fathers  in  care 

• 

loss of career options 

responsibilities 

• 

longer periods of breast-feeding 

• 

lower child-care costs 

• 

income 

increased 
increasing  and 
maintaining  women's  option  to  be  on  the 
labour market 

from 

Source: 

ECORYS 

study

EN 

83 

   EN 

 
 
 
 
 
 
 
 
ANNEX VI: Study on the costs and benefits of options to improve provisions for the 
reconciliation of work, private and family life 

Executive Summary 

Cost Benefit Analysis that contributes to DG EMPL's Extended Impacts Assessment 

Reconciliation of work, private and family life is identified as one of the six priority areas for 
action  in  the  European  Commission's  roadmap  for  equality  between  women  and  men  2006-
2010  (COM(2006)  92  final).  A  need  for  a  better  work-life  balance  is  stressed  in  order  to 
encourage gender equality, economic growth, prosperity and competitiveness - hereunder via 
improving female labour market participation and via adjusting to changing family forms and 
the demographic pressure from an aging population. DG EMPL in the European Commission 
is  in  this  context  carrying  out  an  Extended  Impact  Assessment  of  a  proposal  for  two 
Directives of the European Parliament and of the Council amending two Council Directives in 
order to promote better reconciliation of private, family and working life.  

This study contributes to this Extended Impact Assessment with the application of a widely 
accepted  Cost  Benefit  Analysis  (CBA)  approach  to  analysing  the  impacts  of  a  number  of 
scenarios  where  new  leave  scheme  provisions  are  introduced  to  conform  with  different 
standards set at EU level. This study focuses on the following five types of leave schemes: (1) 
maternity  leave  (maternity  protection);  (2)  paternity  leave;  (3)  parental  leave;  (4)  adoption 
leave; and (5) filial leave. 

Analysis and conclusion that build upon case studies for selected EU Member States 

The  costs  and  benefits  of  improved  leave  schemes  for  the  employees,  the  employers,  the 
government budgets, and the society as a whole will differ between EU Member States. The 
impacts will depend on several factors such as the actual changes to the provisions of leave 
schemes  needed  to  reach  minimum  EU  standards,  the  take-up  rates  of  the  improved  leave 
schemes  that  again  will  depend  on  drivers  and  barriers  within  the  EU  Member  States 
encouraging  or  discouraging  entitled  employees  to  make  use  of  the  improved  options,  and 
employers' or others' attitudes to letting them do so. Within the scope of this study, eight EU 
Member  States  have  been  selected  for  case  studies:  Belgium,  Den-mark,  Estonia,  Spain, 
France, Hungary, Poland, and the UK.  

The study emphasises that costs in a welfare-political CBA  are often better known  than the 
benefits,  such  as  increased  production  arising  because  of  in-creased  female  labour  market 
participation and thus employment, production and income. Hence, there  can be  a tendency 
that more costs are quantified than benefits - and so there could be a bias towards a negative 
result. The study introduces as simple scoring system where it is assessed when improvements 
to the different leave schemes give rise to high, medium or low impacts on benefits such as 
gender equality (at work and at home), child development, health and fertility.  

Impact of minimum EU provisions for maternity leave 

The present study concludes that all EU Member States provide for maternity leave, and that 
these  provisions  do  not  differ  much.  Hence,  maternity  leave  provisions  are  from  the  outset 
possibly the best candidate for a concerted EU action - in the sense that the requirements to 
changes will not be that uneven. 

EN 

84 

   EN 

 
Figure 1 shows that quite a number of countries have maternity leave provisions that are at or 
above the 18 weeks primarily considered by the European Commission. Only Spain, Belgium 
and  France  will  need  to  extend  the  period.  Furthermore,  compensation  levels  are  in  general 
already fairly high; but Hungary and the UK - the latter being an outlier - will have to raise 
compensation levels. 

Figure 1 

Maternity leave - existing situation 

120

100

80

60

40

20

)
y
r
a
l
a
s

f
o
%

(
n
o
i
t
a
s
n
e
p
m
o
c

e
g
a
r
e
v
A

0

12

Spain Poland

Estonia

Belgium

Denmark

France

Hungary

UK

17

22

27

32

37

42

Offered paid leave (weeks)

Hence no changes are needed in Poland and Estonia, and so no impacts are re-ported in Table 
1. The table shows that the EU option in general is not very costly. The socioeconomic costs 
range from 0.006% of GDP in Hungary to 0.05% in Belgium. The relatively low salaries in 
Hungary  imply  that  the  required  rise  in  the  compensation  level  is  not  overwhelming,  while 
Belgium  both  needs  to  improve  the  period  and  the  pay  level.  To  cover  these  costs  via  in-
creased production by more women participating on the labour market, there is a need for an 
increase in their participation rate of between 0.03 percentages points (pp) and 0.20 pp. 

Table 0.1 

Impacts of improved maternity leave provisions to 18 weeks with 100% 

compensation 

B
e
l
g
i
u
m

D
e
n
m
a
r
k

S
p
a
i
n

F
r
a
n
c
e

U
K

H
u
n
g
a
r
y

Impact 

EN 

85 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
Costs(1) in Euro/actual user 

- women 

- men 

Total costs in mill Euro 

Share of costs in GDP 

Break-even 
female 
participation 

increase 
in 
labour  market 

Total  extra  costs  in  mill 
Euro 

+ 1 week of leave 

- 1 week of leave 

2,565 

514 

833 

1,448 

134 

0 

0 

43 

0 

0 

967 

0 

2,287 

290 

1,493 

9,196 

101 

5,962 

0.05% 

0.01% 

0.01% 

0.03% 

0.006% 

0.02%

0.20 pp 

0.04 pp 

0.05 pp  0.21 pp 

0.03 pp 

650 

-651 

460 

747 

3,243 

-746 

-3,243 

5 

-5 

Source: 
Note: 

COWI/Idea 

(1) Costs are calculated as net present values. 

Impact of minimum EU provisions for paternity leave 

Figure 2 

Paternity leave - existing situation 

0.08 
pp 

457 

-457 

calculations. 

Poland

120

100

80

60

40

20

)
y
r
a
l
a
s

f
o
%

(
n
o
i
t
a
s
n
e
p
m
o
c

e
g
a
r
e
v
A

0

0

Hungary

Estonia
Spain

Belgium
France
Denmark

UK

0,5

1

1,5

2

2,5

3

3,5

4

4,5

Offered paid leave (weeks)

Figure 2 shows that the lengths of the paternity leaves in almost all countries amount to two 
weeks,  but  the  levels  of  compensation  differ  much.  Most  countries  provide  10  days  -  as 
suggested by the EU option - or more of paternity leave. However, Hungary only provides 1 

EN 

86 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
week for fathers. Poland is a special case with provision for 4 weeks, but with a take-up rate 
of null. 

Impact of minimum EU provisions for parental leave 

Figure  3  shows  the  existing  parental  leave  scheme  provisions  in  all  eight  countries.  The 
countries can be divided into two groups with respect to the length of the leave period. The 
duration of parental leave is quite dispersed, ranging from 2.5 to 3 years (30-36 months) in 
five countries to 6 months in Belgium and UK. This reflects partly the breadwinner model of 
these two countries but also other factors. In Denmark there is a dual-earner model and there-
fore there is a need to compensate mothers and fathers with a  higher  average compensation 
rate than in the other countries. The former East European countries have now gone through 
an economic transition and are moving into a social transition. These countries, e.g. Hungary 
and  Poland,  are  characterised  by  a  model  focusing  on  job-security  as  opposed  to  the 
flexicurity  model  of  the  Scandinavian  countries.  Thus,  in  Poland  and  Hungary  the  parental 
leave is of a very long duration but with a relatively low compensation level (less than 40% of 
average salary compensation).  

Figure 3 

Parental leave - existing situation 

120

100

80

60

40

20

)
y
r
a
l
a
s

f
o
%

(
n
o
i
t
a
s
n
e
p
m
o
c

e
g
a
r
e
v
A

0

0

Scenario 7x

Scenario 7

Denmark

Belgium

UK

Estonia

Hungary

France

Poland

Spain

5

10

15

20

25

30

35

40

Offered leave (month)

The  above  figure  shows  that  minimum  provisions  of  12  months  with  66.6%  compensation 
(Scenario  7)  will  have  more  widely  implications  than  minimum  provisions  of  6  months 
(Scenario  7x).  However,  at  present  the  European  Commission  seems  to  pursue  the  latter 
option - which will not required any changes in Denmark and Estonia, and so Table 4 focuses 
on doing so. It that the EU option in general is not very costly. The socioeconomic costs range 
from 0% of GDP in the UK to 0.07% in France. To cover these costs via increased production 
by  more  women  participating  on  the  labour  market,  there  is  a  need  for  an  increase  in  their 
participation rate of between 0 pp and 0.39 pp. 

EN 

87 

   EN 

 
 
 
 
 
 
Furthermore, the table shows that introducing one month more parental leave compared with 
6  months  -  i.e.  an  increase  from  6  to  7  months with  66.6%  compensation  of  previous  pay  - 
will lead to relatively minor increases in socioeconomic costs, that is for the Member States 
that  do  not  already  fulfil  such  leave  scheme  provisions.  In  fact  there  is  only  a  need  for  an 
increase in the female labour market participation rate of between 0.01 and 0.05 percentage 
points in order  to increase production so that it outbalances these costs. Taking into account 
that  parental  leave  is  a  central reconciliation  factor as  it facilitates  gender  equality  -  both  at 
work  and  at  home  -  and  increased  parental  health,  the  required  increase  in  female  labour 
market participation rates seems realistic to achieve. 

Table 4 

Impacts of improved parental leave provisions 

 - to 6 months with 66.6% compensation (Scenario 7x) 

B
e
l
g
i
u
m

S
p
a
i
n

F
r
a
n
c
e

H
u
n
g
a
r
y

P
o
l
a
n
d

U
K

Impact 

Costs(1) in Euro/user 

- women 

- men 

Total costs in mill Euro 

Share of costs in GDP 

Break-even 
female 
participation 

increase 

in 
market 

labour 

Total extra costs in mill Euro 

+ 4 weeks of leave 

- 4 weeks of leave 

Additional  share  of  costs  in 
GDP 
from  
+ 4 weeks of leave 

Increase 

in 
Additional 
female 
market 
labour 
participation  rate  from  +  4 
weeks of leave 

172 

180 

40 

5,343 

5,482 

193 

748 

155 

0 

0 

0 

2,967 

78 

7,353 

17,579 

129 

2,408 

151 

0.001% 

0.04% 

0.07% 

0.007% 

0.04% 

0.000%

0.00 pp 

0.24 pp 

0.39 pp 

0.04 pp 

0.14 pp 

0.00 pp 

130 

-118 

1,131 

174 

-1,131 

-556 

20 

-20 

370 

182 

-371 

-182 

0.003% 

0.006% 

0.001% 

0.001% 

0.006% 

0.01 pp 

0.04 pp 

0.01 pp 

0.01 pp 

0.05 pp 

0.0006
% 

calculations. 

•  Source: 
Note: 

COWI/Idea 
(1) Costs are calculated as net present values. 

Impact of minimum EU provisions for adoption leave 

In most of the countries covered by the study, the provisions for adoption are equal to those 
for biological parents, and so in general there seems not to be a case for a specific position on 
this leave scheme. Furthermore, the number of parents who adopt is relatively low, and so the 
costs involved are fairly insignificant. 

EN 

88 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Impact of minimum EU provisions for filial leave 

The  investigation  of  the  filial  leave  arrangements  during  the  case  studies  reveal  that  they 
differ much between EU Member States. Furthermore, they are most not provided as single, 
specific arrangement,  but are  integrated into the labour market or social security systems in 
different  ways.  Hence,  it  is  considered  to  be  impossible  to  define  a  concerted  EU  action. 
Furthermore,  it  is  not  feasible  to  specify  scenarios  -  because  of  insufficient  availability  of 
data, and an indeterminable target group and thus take-up rate. 

EN 

89 

   EN