EU rules


One of the deliverables of the European Pillar for Social Rights was to address the work-life balance challenges faced by working parents and carers. After the withdrawal of the Maternity Leave Directive, the EU decided to take a broader approach in order to address women's underrepresentation in the labour market., by adopting a new Directive 

The EU Legislation
​From 1 August 2019, Directive (UE) 2019/1158 on work-life balance came into force, which provides for new or higher minimum standards for parental, paternity and carer leave. EU countries must adapt within three years. Member States that are below the protection thresholds indicated are therefore the main addressees of this directive.

The Directive, which repeals the previous Directive 2010/18/EU from 2 August 2022, establishes a series of new rules or stricter rules for parental, paternity and carers leave. It also provides the right to request flexible working conditions. This will allow parents and caregivings to choose how their work and family life combine. These rules will strengthen gender equality and improve the family and working life of many Europeans.

The new rules are also a model for aligning social and economic priorities.
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Companies can better attract and retain talented men and women. The EU has stated that the European economy will benefit from this directive, which will help bridge the gap between men and women in the world of work. A better balance between work and personal life for women and men is not only considered fair, but also a solution to retain the talents of professional life that the current rules penalize.
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By 2 August 2027, Member States shall communicate to the Commission all information concerning the implementation of this Directive that is necessary for the Commission to draw up a report. That information shall include available aggregated data on the take-up of different types of leave and flexible working arrangements, by men and women pursuant to this Directive, for the purposes of allowing the proper monitoring and assessment of the implementation of this Directive, in particular with regard to gender equality.
The Directive aims at modernising the existing EU legal framework in the area of family-related leaves and flexible working arrangements. It includes:
  • The introduction of paternity leave. Fathers/second parents will be able to take at least 10 working days of paternity leave around the time of birth of the child, compensated at least at the level of sick pay.
  • The strengthening of parental leave by making the 4 months period compensated at least at sick pay level and non-transferable from a parent to another. Parents will also have the right to request to take leave in a flexible way (part-time or in a piecemeal way) and the age of the child up to which parents can take leave will be increased from 8 to 12 years old.
  • The introduction of carers' leave for workers caring for seriously ill or dependent relatives. Working carers will be able to take 5 days per year, compensated at least at sick pay level.
  • The extension of the right to request flexible working arrangements (reduced working hours, flexible working hours and flexibility in place of work) to all working parents of children up to 12 and carers with dependent relatives.
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Non-legislative measures

In order to complement the Directive, the EU legislation contains a set of non-legislative measures to support Member States in achieving the goals. These include:
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  • ensuring protection against discrimination and dismissal for parents (including pregnant women and workers coming back from a leave) and carers;
  • encouraging a gender-balanced use of family-related leaves and flexible working arrangements;
  • making better use of European funds to improve long-term and childcare services;
  • removing economic disincentives for second earners which prevent women from accessing the labour market or working full-time.

It is expected that this initiative will reap benefits for individuals, companies and the wider society.
Parents and carers will profit from more work-life balance and the foreseen increase in women employment, their higher earnings and career progression will positively impact their and their families' economic prosperity, social inclusion and health.

Companies will benefit from a wider talent pool and a more motivated and productive labour force, as well as less absenteeism. The rise in female employment will also contribute in addressing the challenge of demographic ageing and ensuring Member States' financial stability.
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EU RULES ON WORK-LIFE BALANCE

New Edition: April 2022

EU legal framework in the area of family-related leaves and flexible working arrangements. Legislative text and all EU rules.