DIRECTORATE GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT C: CITIZENS' RIGHTS AND CONSTITUTIONAL AFFAIRS WOMEN'S RIGHTS & GENDER EQUALITY Maternity, paternity and parental leave: Data related to duration and compensation rates in the European Union STUDY Abstract Upon request by the FEMM Committee, the Policy Department C: Citizens' Rights and Constitutional Affairs has developed a number of figures visualising duration of and compensation rates of previous incomes during maternity, paternity and parental leave in the Member States of the European Union. The figures are based on data published notably by the European Commission and the International Labour Organisation between 2012 and 2014 which were cross-checked with data collected by the European Parliamentary Research Service and Eurofound in 2014. The data has been collected in relation to a possible revision of 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 and include comparisons with the Commission proposal and EP's First Reading in this respect. Literature on the role of reconciliation policies for economic growth and gender equality as well as the important role of maternity leave provisions for such reconciliation policies is also summarized. PE 509.999 EN DOCUMENT REQUESTED BY THE COMMITTEE ON WOMEN’S RIGHTS AND GENDER EQUALITY AUTHORS Ms Erika Schulze Ms Maja Gergoric Policy Department C: Citizens' Rights and Constitutional Affairs European Parliament B-1047 Brussels E-mail: [email protected] LINGUISTIC VERSIONS Original: EN ABOUT THE EDITOR Policy Departments provide in-house and external expertise to support EP committees and other parliamentary bodies in shaping legislation and exercising democratic scrutiny. To contact the Policy Department or to subscribe to its monthly newsletter please write to: [email protected] European Parliament, manuscript completed in February 2015. © European Union, Brussels, 2015. This document is available on the Internet at: http://www.europarl.europa.eu/studies DISCLAIMER The opinions expressed in this document are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament. Reproduction and translation for non-commercial purposes are authorised, provided the source is acknowledged and the publisher is given prior notice and sent a copy. Maternity, paternity and parental leave: Data related to duration and compensation rates in the European Union ____________________________________________________________________________________________ CONTENTS LIST OF ABBREVIATIONS 6 LIST OF FIGURES 7 EXECUTIVE SUMMARY 10 INTRODUCTION 13 1. LEGAL BASES AND PROVISIONS ON EU LEVEL FOR MATERNITY AND PARENTAL LEAVE 17 1.1. Maternity Leave 17 1.1.1. The Directive in force 17 1.1.2. The proposal of the Commission amending the Directive in force 18 1.1.3. Provisions in the Lisbon Treaty 19 1.1.4. The Charter of Fundamental Rights 19 1.2. Parental leave 19 1.3. Paternity Leave 20 2. POLICY OBJECTIVES RELATED TO THE DURATION OF AND REMUNERATION DURING MATERNITY, PATERNITY AND PARENTAL LEAVE 21 2.1. Improving the health of parents, in particular mothers, and children 22 2.2. Increasing employment rates of women 23 2.3. Addressing demographic change and fertility rates 26 2.4. Reconciling work and family life 26 2.5. Achieving equality between men and women 29 2.6. Cost and Benefits 29 3. DURATION OF MATERNITY LEAVE 32 3.1. Maternity leave duration in Eastern European countries 34 3.2. Maternity leave duration in non-Eastern European countries 35 4. COMPENSATION RATES of PREVIOUS INCOMES DURING MATERNITY LEAVE 36 4.1. Percentages of previous incomes paid during maternity leave in Eastern European countries 38 4.2. Percentages of previous incomes paid during maternity leave in non-Eastern European countries 39 3 Policy Department C: Citizens' Rights and Constitutional Affairs ____________________________________________________________________________________________ 5. Maternity leave: CORRELATION OF DURATION AND COMPENSATION RATEs 40 5.1. Duration of and compensation rates of previous incomes during maternity leave in Eastern European countries 42 5.2. Duration of and compensation rates of previous incomes during maternity leave in non-Eastern European countries 43 5.3. Comparison of the average duration of and the average compensation rate of previous incomes during maternity leave in all Member States 45 6. ILO'S RECOMMENDATION for 18 weeks of maternity leave 47 7. THE FIRST READING OF THE EUROPEAN PARLIAMENT REGARDING THE DURATION OF AND COMPENSATION RATES OF PREVIOUS INCOMES DURING MATERNITY LEAVE 49 7.1. The duration of maternity leave in the Member States compared to the 20 weeks of maternity leave proposed in EP's First Reading 49 7.2. Compensation rates of previous incomes during maternity leave compared with the EP's First Reading proposal of 100% 55 8. PATERNITY LEAVE 59 8.1. Duration of paternity leave 59 8.2. Compensation rates of previous incomes during paternity leave 62 8.3. Paternity Leave: Correlation of duration and compensation rates 64 9. PARENTAL LEAVE 66 9.1. Duration of parental leave 66 9.2. Compensation of income during parental leave 69 9.2.1. Compensation in form of percentages of previous incomes 69 9.2.2. Flat rate for parental leave 71 9.3. Take-up of parental leave by fathers 72 10. COMPARISON OF COMPENSATION RATES OF PREVIOUS INCOMES DURING MATERNITY, PATERNITY AND PARENTAL LEAVE 74 10.1.Comparison of compensation rates of previous incomes during maternity and paternity leave 74 10.2.Comparison of compensation rates of previous incomes during maternity, paternity and parental leave 77 11. COMPARISON OF THE DURATION OF THE COMBINED MATERNITY/PATERNITY LEAVE AND PARENTAL LEAVE IN MEMBER STATES 78 11.1.Comparison of combined maternity and parental leave duration 79 11.2.Comparison of the combined paternity and parental leave duration in relation to the average compensation rate of previous incomes 81 4 Maternity, paternity and parental leave: Data related to duration and compensation rates in the European Union ____________________________________________________________________________________________ 11.2.1. The theoretical maximum duration of the combined paternity and parental leave 81 11.2.2. The theoretical maximum duration of the combined paternity and parental leave in relation to the compensation rate of previous incomes 82 12. CONCLUSIONS 85 REFERENCES 87 ANNEX I: MATERNITY LEAVE PROVISIONS IN THE EUROPEAN UNION MEMBER STATES 89 ANNEX II: PATERNITY LEAVE PROVISIONS IN THE EUROPEAN UNION MEMBER STATES 94 ANNEX III: PARENTAL LEAVE PROVISIONS IN THE EUROPEAN UNION MEMBER STATES 98 ANNEX IV: TAKE UP OF PARENTAL LEAVE 106 ANNEX V: OEIL SUMMARY 2008/0193(COD) - 20/10/2010 TEXT ADOPTED BY PARLIAMENT, 1ST READING/SINGLE READING 110 ANNEX VI: EPRS INFOGRAPHIC - MATERNITY AND PATERNITY LEAVE IN THE EU - DECEMBER 2014 113 ANNEX VII: 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 (TENTH INDIVIDUAL DIRECTIVE WITHIN THE MEANING OF ARTICLE 16 ( 1 ) OF DIRECTIVE 89/ 391 / EEC) 116 ANNEX VII: 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 124 5 Policy Department C: Citizens' Rights and Constitutional Affairs ____________________________________________________________________________________________ LIST OF ABBREVIATIONS BPfA Beijing Platform for Action CBA Cost Benefits Analysis CEDAW Convention on the Elimination of all Forms of Discrimination Against Women COM European Commission EP European Parliament EU European Union Eurofound European Foundation for the Improvement of Living and Working Conditions FEMM Committee on Women's Rights and Gender Equality ILO International Labour Organisation IMPA Commission Impact Assessment of 2008 TEC Treaty of the European Community TEU Treaty of the European Union TFEU Treaty on the Functioning of the European Union UK United Kingdom 6 Maternity, paternity and parental leave: Data related to duration and compensation rates in the European Union ____________________________________________________________________________________________ LIST OF FIGURES FIGURE 1 Duration of maternity leave in weeks in all EU Member States 33 FIGURE 2 Duration of maternity leave in Eastern European countries in weeks 34 FIGURE 3 Duration of maternity leave in non-Eastern European countries in weeks 35 FIGURE 4 Compensation rates of previous incomes during maternity leave in all Member States that do not have a flat rate allowance 37 FIGURE 5 Percentages of previous incomes paid during maternity leave in Eastern European countries 38 FIGURE 6 Percentages of previous incomes paid during maternity leave in non-Eastern European countries 39 FIGURE 7 Duration of (in weeks) and compensation rates of previous incomes paid during maternity leave in Member States 41 FIGURE 8 Duration of (in weeks) and compensation rates of previous incomes during maternity leave in Eastern European countries 42 FIGURE 9 Duration of (in weeks) and compensation rate during maternity leave