EU Law on Maternity and Other Child-Related Leaves

EU Law on Maternity and Other Child-Related Leaves

Author: Miguel De la Corte-Rodríguez

Publisher: Kluwer Law International B.V.

Published: 2019-09-04

Total Pages: 383

ISBN-13: 940351454X

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Although proven effective in protecting pregnancy, giving birth and breastfeeding – that is, the biological differences of women related to maternity – the current European Union (EU) legislative framework on maternity leave tends to overlook the roles of both parents, especially during the post-delivery period of ‘bonding’ with the child. This framework, along with EU law on parental leave, which does not encourage an equal take-up of the leave, gives rise to serious issues of gender equality affecting both men and women. This deeply researched and urgent book proposes alternative options for future EU law on child-related leave which can be applied to both employees and self-employed workers to mitigate these limitations and side effects. Analysing the various EU Directives which, directly or indirectly, relate to maternity leave, paternity leave, adoption leave and parental leave, as well as the corresponding case law of the Court of Justice of the EU, the author uses a social risk approach and tackles the following issues: narrow focus of the legislation on the delivering mother’s incapacity to work; in practice, excessive emphasis on the protection of the delivering mother; silent assent to the unequal distribution of caring responsibilities within the family; lack of attention to women’s labour market outcomes; and the new direction followed by the recently adopted Directive on work-life balance. The research focuses on working parents (including non-delivering parents in same-sex couples or adoption) and includes a comparative analysis of the law of six countries – Belgium, Ireland, Spain, the United Kingdom, Sweden and Portugal – chosen to illustrate the variety of national schemes available and how their desirable features can be introduced into EU law. A more balanced design of child-related leave is a must in today’s society for reasons of fairness and also for economic considerations. This complete analysis of EU legislation and case law about child-related leave – including the first-ever systematic and in-depth analysis on whether maternity leave can be considered discriminatory against fathers and a review of economic literature on how child-related leave affects the situation of women in the labour market – offers forward-looking solutions for child-related leave to enhance gender equality. Practitioners and nongovernmental organisations dealing with EU and national matters related to labour and employment law, social security law and gender equality law will welcome this important book, as will academics and policymakers interested in maternity and other child-related leaves.


Book Synopsis EU Law on Maternity and Other Child-Related Leaves by : Miguel De la Corte-Rodríguez

Download or read book EU Law on Maternity and Other Child-Related Leaves written by Miguel De la Corte-Rodríguez and published by Kluwer Law International B.V.. This book was released on 2019-09-04 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although proven effective in protecting pregnancy, giving birth and breastfeeding – that is, the biological differences of women related to maternity – the current European Union (EU) legislative framework on maternity leave tends to overlook the roles of both parents, especially during the post-delivery period of ‘bonding’ with the child. This framework, along with EU law on parental leave, which does not encourage an equal take-up of the leave, gives rise to serious issues of gender equality affecting both men and women. This deeply researched and urgent book proposes alternative options for future EU law on child-related leave which can be applied to both employees and self-employed workers to mitigate these limitations and side effects. Analysing the various EU Directives which, directly or indirectly, relate to maternity leave, paternity leave, adoption leave and parental leave, as well as the corresponding case law of the Court of Justice of the EU, the author uses a social risk approach and tackles the following issues: narrow focus of the legislation on the delivering mother’s incapacity to work; in practice, excessive emphasis on the protection of the delivering mother; silent assent to the unequal distribution of caring responsibilities within the family; lack of attention to women’s labour market outcomes; and the new direction followed by the recently adopted Directive on work-life balance. The research focuses on working parents (including non-delivering parents in same-sex couples or adoption) and includes a comparative analysis of the law of six countries – Belgium, Ireland, Spain, the United Kingdom, Sweden and Portugal – chosen to illustrate the variety of national schemes available and how their desirable features can be introduced into EU law. A more balanced design of child-related leave is a must in today’s society for reasons of fairness and also for economic considerations. This complete analysis of EU legislation and case law about child-related leave – including the first-ever systematic and in-depth analysis on whether maternity leave can be considered discriminatory against fathers and a review of economic literature on how child-related leave affects the situation of women in the labour market – offers forward-looking solutions for child-related leave to enhance gender equality. Practitioners and nongovernmental organisations dealing with EU and national matters related to labour and employment law, social security law and gender equality law will welcome this important book, as will academics and policymakers interested in maternity and other child-related leaves.

Reconciling Work and Family Life in EU Law and Policy

Reconciling Work and Family Life in EU Law and Policy

Author: A. Masselot

Publisher: Springer

Published: 2010-01-20

Total Pages: 208

ISBN-13: 0230246680

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Since its timid introduction onto the EC agenda in 1974, reconciliation of work and family life has developed into a fully-articulated principle. This book explores this journey and its implications for the EC legal order and society. It argues that as reconciliation issues continue to evolve they require constant reassessment.


Book Synopsis Reconciling Work and Family Life in EU Law and Policy by : A. Masselot

Download or read book Reconciling Work and Family Life in EU Law and Policy written by A. Masselot and published by Springer. This book was released on 2010-01-20 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its timid introduction onto the EC agenda in 1974, reconciliation of work and family life has developed into a fully-articulated principle. This book explores this journey and its implications for the EC legal order and society. It argues that as reconciliation issues continue to evolve they require constant reassessment.

Parental Leave

Parental Leave

Author: Peter Moss

Publisher:

Published: 1999

Total Pages: 394

ISBN-13:

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Book Synopsis Parental Leave by : Peter Moss

Download or read book Parental Leave written by Peter Moss and published by . This book was released on 1999 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Paternity Leave in Austria

Paternity Leave in Austria

Author: Raphaela Fischnaller

Publisher: diplom.de

Published: 2019-05-09

Total Pages: 20

ISBN-13: 3961163162

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This paper looks into the legislative proposal of Papa Monats addressed by female Minister Hartinger-Klein and portrays the draft law analysis. During this process the legal foundations in Austria are explained as well as the new EU guidelines. Furthermore a comparison with other EU countries is made and the current debate in Austria is described. Finally we analysed the hypothesis, that an introduction of Papa Monats wouldn`t evoke any change in the participation of fathers, if no other policies are installed.


Book Synopsis Paternity Leave in Austria by : Raphaela Fischnaller

Download or read book Paternity Leave in Austria written by Raphaela Fischnaller and published by diplom.de. This book was released on 2019-05-09 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper looks into the legislative proposal of Papa Monats addressed by female Minister Hartinger-Klein and portrays the draft law analysis. During this process the legal foundations in Austria are explained as well as the new EU guidelines. Furthermore a comparison with other EU countries is made and the current debate in Austria is described. Finally we analysed the hypothesis, that an introduction of Papa Monats wouldn`t evoke any change in the participation of fathers, if no other policies are installed.

Maternity, Paternity, and Parental Leaves in Europe

Maternity, Paternity, and Parental Leaves in Europe

Author: Boryana Gotcheva

Publisher:

Published: 2019

Total Pages:

ISBN-13:

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Maternity, paternity, and parental leave policies and associated benefits play a significant role in ensuring financial protection at the time of pregnancy, child birth and child raising, and in shaping women's ability to participate in employment, specifically to get a job and to remain in the labor market after starting a family. This note summarizes the main principles of extending maternity, paternity and parental leave and benefit policies globally and in Europe, highlights new policies and measures, and compares key characteristics such as leave duration and financing in the European countries (EU ad European Free Trade Association (EFTA) member states and Western Balkan countries). This could inform policy making and help assess existing policies and reforms, including in Kosovo.


Book Synopsis Maternity, Paternity, and Parental Leaves in Europe by : Boryana Gotcheva

Download or read book Maternity, Paternity, and Parental Leaves in Europe written by Boryana Gotcheva and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Maternity, paternity, and parental leave policies and associated benefits play a significant role in ensuring financial protection at the time of pregnancy, child birth and child raising, and in shaping women's ability to participate in employment, specifically to get a job and to remain in the labor market after starting a family. This note summarizes the main principles of extending maternity, paternity and parental leave and benefit policies globally and in Europe, highlights new policies and measures, and compares key characteristics such as leave duration and financing in the European countries (EU ad European Free Trade Association (EFTA) member states and Western Balkan countries). This could inform policy making and help assess existing policies and reforms, including in Kosovo.

The Politics of Parental Leave Policies

The Politics of Parental Leave Policies

Author: Sheila B. Kamerman

Publisher: Policy Press

Published: 2011

Total Pages: 296

ISBN-13: 1847429033

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This title covers 15 countries in Europe and beyond bringing together leading academic experts to provide a unique insight into the past, present and future state of this key policy area.


Book Synopsis The Politics of Parental Leave Policies by : Sheila B. Kamerman

Download or read book The Politics of Parental Leave Policies written by Sheila B. Kamerman and published by Policy Press. This book was released on 2011 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title covers 15 countries in Europe and beyond bringing together leading academic experts to provide a unique insight into the past, present and future state of this key policy area.

The Palgrave Handbook of Family Policy

The Palgrave Handbook of Family Policy

Author: Rense Nieuwenhuis

Publisher: Springer Nature

Published: 2020

Total Pages: 727

ISBN-13: 3030546187

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"This engaging collection gathers theoretical and empirical insights from leading family policy experts. The authors - representing diverse countries, disciplines, and methods - bring to life the volume's innovative conceptual framework, which is organized around policy institutions, both public and private. The volume closes with a call for new lines of research that should inform family policy scholars for years to come."--Janet Gornick, Professor of Political Science and Sociology, and Director of the Stone Center on Socio-Economic Inequality, The Graduate Center, City University of New York, USA "Featuring exciting contributors from a range of often-siloed scholarly disciplines, countries and cultures, this Handbook offers nuanced insights into how interacting societal inequality factors influence family policy enactment to reinforce or improve inequality outcomes across gender, class, and nations. It is ambitious, broad-reaching, and succeeds in providing a strategic view within and across nations to inspire thoughtful evidence-based policy implications to improve societies in the future."--Ellen Ernst Kossek, Basil S. Turner Professor of Management, Purdue University, USA This open access handbook provides a multilevel view on family policies, combining insights on family policy outcomes at different levels of policymaking: supra-national organizations, national states, sub-national or regional levels, and finally smaller organizations and employers. At each of these levels, a multidisciplinary group of expert scholars assess policies and their implementation, such as child income support, childcare services, parental leave, and leave to provide care to frail and elderly family members. The chapters evaluate their impact in improving children's development and equal opportunities, promoting gender equality, regulating fertility, productivity and economic inequality, and take an intersectional perspective related to gender, class, and family diversity. The editors conclude by presenting a new research agenda based on five major challenges pertaining to the levels of policy implementation (in particular globalization and decentralization), austerity and marketization, inequality, changing family relations, and welfare states adapting to women's empowered roles


Book Synopsis The Palgrave Handbook of Family Policy by : Rense Nieuwenhuis

Download or read book The Palgrave Handbook of Family Policy written by Rense Nieuwenhuis and published by Springer Nature. This book was released on 2020 with total page 727 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This engaging collection gathers theoretical and empirical insights from leading family policy experts. The authors - representing diverse countries, disciplines, and methods - bring to life the volume's innovative conceptual framework, which is organized around policy institutions, both public and private. The volume closes with a call for new lines of research that should inform family policy scholars for years to come."--Janet Gornick, Professor of Political Science and Sociology, and Director of the Stone Center on Socio-Economic Inequality, The Graduate Center, City University of New York, USA "Featuring exciting contributors from a range of often-siloed scholarly disciplines, countries and cultures, this Handbook offers nuanced insights into how interacting societal inequality factors influence family policy enactment to reinforce or improve inequality outcomes across gender, class, and nations. It is ambitious, broad-reaching, and succeeds in providing a strategic view within and across nations to inspire thoughtful evidence-based policy implications to improve societies in the future."--Ellen Ernst Kossek, Basil S. Turner Professor of Management, Purdue University, USA This open access handbook provides a multilevel view on family policies, combining insights on family policy outcomes at different levels of policymaking: supra-national organizations, national states, sub-national or regional levels, and finally smaller organizations and employers. At each of these levels, a multidisciplinary group of expert scholars assess policies and their implementation, such as child income support, childcare services, parental leave, and leave to provide care to frail and elderly family members. The chapters evaluate their impact in improving children's development and equal opportunities, promoting gender equality, regulating fertility, productivity and economic inequality, and take an intersectional perspective related to gender, class, and family diversity. The editors conclude by presenting a new research agenda based on five major challenges pertaining to the levels of policy implementation (in particular globalization and decentralization), austerity and marketization, inequality, changing family relations, and welfare states adapting to women's empowered roles

The Oxford Handbook of Women and the Economy

The Oxford Handbook of Women and the Economy

Author: Susan L. Averett

Publisher: Oxford University Press

Published: 2018-05-15

Total Pages: 752

ISBN-13: 0190878266

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The transformation of women's lives over the past century is among the most significant and far-reaching of social and economic phenomena, affecting not only women but also their partners, children, and indeed nearly every person on the planet. In developed and developing countries alike, women are acquiring more education, marrying later, having fewer children, and spending a far greater amount of their adult lives in the labor force. Yet, because women remain the primary caregivers of children, issues such as work-life balance and the glass ceiling have given rise to critical policy discussions in the developed world. In developing countries, many women lack access to reproductive technology and are often relegated to jobs in the informal sector, where pay is variable and job security is weak. Considerable occupational segregation and stubborn gender pay gaps persist around the world. The Oxford Handbook of Women and the Economy is the first comprehensive collection of scholarly essays to address these issues using the powerful framework of economics. Each chapter, written by an acknowledged expert or team of experts, reviews the key trends, surveys the relevant economic theory, and summarizes and critiques the empirical research literature. By providing a clear-eyed view of what we know, what we do not know, and what the critical unanswered questions are, this Handbook provides an invaluable and wide-ranging examination of the many changes that have occurred in women's economic lives.


Book Synopsis The Oxford Handbook of Women and the Economy by : Susan L. Averett

Download or read book The Oxford Handbook of Women and the Economy written by Susan L. Averett and published by Oxford University Press. This book was released on 2018-05-15 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: The transformation of women's lives over the past century is among the most significant and far-reaching of social and economic phenomena, affecting not only women but also their partners, children, and indeed nearly every person on the planet. In developed and developing countries alike, women are acquiring more education, marrying later, having fewer children, and spending a far greater amount of their adult lives in the labor force. Yet, because women remain the primary caregivers of children, issues such as work-life balance and the glass ceiling have given rise to critical policy discussions in the developed world. In developing countries, many women lack access to reproductive technology and are often relegated to jobs in the informal sector, where pay is variable and job security is weak. Considerable occupational segregation and stubborn gender pay gaps persist around the world. The Oxford Handbook of Women and the Economy is the first comprehensive collection of scholarly essays to address these issues using the powerful framework of economics. Each chapter, written by an acknowledged expert or team of experts, reviews the key trends, surveys the relevant economic theory, and summarizes and critiques the empirical research literature. By providing a clear-eyed view of what we know, what we do not know, and what the critical unanswered questions are, this Handbook provides an invaluable and wide-ranging examination of the many changes that have occurred in women's economic lives.

Family Leave

Family Leave

Author:

Publisher:

Published: 2018

Total Pages:

ISBN-13: 9789279941924

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Following the proclamation of the European Pillar of Social Rights on 17 November 2017, the European Commission adopted a proposal for a Directive to support work-life balance for working parents and carers, which strengthens and expands family-related leave measures as well as acknowledges the value of unpaid work that carers, predominantly women, shoulder in caring for dependents. The proposed Directive builds on existing EU legal provisions in the field of work-family reconciliation, and in particular the Pregnant Workers Directive 92/85/EEC, the Gender Equality Directive (Recast Directive) 2006/54/EC, the Self-Employed Directive 2010/41/EU and the Parental Leave Directive 2010/18/EU, as well as Treaty provisions such as Articles 2 and 3(3) TEU, Articles 153(1)(i), 153(2)(b) and 157 TFEU and the EU Charter of Fundamental Rights. The measures envisaged extend existing rights and introduce new forms of protection. They include a right to take at least four months of non-transferable paid leave for parents of children (up to a certain age, at least twelve), compensated at least at sick-pay level. The proposed Directive creates an individual right to paid paternity leave of at least 10 days. It also establishes the right to request flexible working arrangements for parents with children up to a given age (at least twelve). In addition, the proposed Directive introduces, for the first time, a right to at least five days of carers' leave per year for dependent or seriously ill relatives. It also includes the right to take time off work in case of force majeure for all workers (not only parents or care-givers) for urgent family reasons, as currently provided in the Parental Leave Directive. Under the proposed Directive the dismissal, discrimination or unfavourable treatment of workers on the ground that they have applied for, or have taken, leave guaranteed by the Directive, or on the ground that they have exercised the rights to request flexible working arrangements is to be prohibited. Against this background, this thematic report considers enforcement issues in relation to discrimination, unfavourable treatment and dismissal in the context of the various types of family-related leave, including pregnancy/maternity leave, parental/adoption leave and paternity leave, as well as carers' leave and other family-related leave. It also considers issues of compensation, reparation and sanctions, as well as the role of national equality bodies. The objective is to obtain an overview of enforcement in practice of relevant existing EU law. The study covers the 28 Member States and three EEA countries: Iceland, Liechtenstein and Norway. It is based on answers provided by the national experts of the European network of legal experts in gender equality to a questionnaire (attached in Annex 1 of the report) assessing the situation in these countries. The information provided in this report is valid as at 29 August 2018.


Book Synopsis Family Leave by :

Download or read book Family Leave written by and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the proclamation of the European Pillar of Social Rights on 17 November 2017, the European Commission adopted a proposal for a Directive to support work-life balance for working parents and carers, which strengthens and expands family-related leave measures as well as acknowledges the value of unpaid work that carers, predominantly women, shoulder in caring for dependents. The proposed Directive builds on existing EU legal provisions in the field of work-family reconciliation, and in particular the Pregnant Workers Directive 92/85/EEC, the Gender Equality Directive (Recast Directive) 2006/54/EC, the Self-Employed Directive 2010/41/EU and the Parental Leave Directive 2010/18/EU, as well as Treaty provisions such as Articles 2 and 3(3) TEU, Articles 153(1)(i), 153(2)(b) and 157 TFEU and the EU Charter of Fundamental Rights. The measures envisaged extend existing rights and introduce new forms of protection. They include a right to take at least four months of non-transferable paid leave for parents of children (up to a certain age, at least twelve), compensated at least at sick-pay level. The proposed Directive creates an individual right to paid paternity leave of at least 10 days. It also establishes the right to request flexible working arrangements for parents with children up to a given age (at least twelve). In addition, the proposed Directive introduces, for the first time, a right to at least five days of carers' leave per year for dependent or seriously ill relatives. It also includes the right to take time off work in case of force majeure for all workers (not only parents or care-givers) for urgent family reasons, as currently provided in the Parental Leave Directive. Under the proposed Directive the dismissal, discrimination or unfavourable treatment of workers on the ground that they have applied for, or have taken, leave guaranteed by the Directive, or on the ground that they have exercised the rights to request flexible working arrangements is to be prohibited. Against this background, this thematic report considers enforcement issues in relation to discrimination, unfavourable treatment and dismissal in the context of the various types of family-related leave, including pregnancy/maternity leave, parental/adoption leave and paternity leave, as well as carers' leave and other family-related leave. It also considers issues of compensation, reparation and sanctions, as well as the role of national equality bodies. The objective is to obtain an overview of enforcement in practice of relevant existing EU law. The study covers the 28 Member States and three EEA countries: Iceland, Liechtenstein and Norway. It is based on answers provided by the national experts of the European network of legal experts in gender equality to a questionnaire (attached in Annex 1 of the report) assessing the situation in these countries. The information provided in this report is valid as at 29 August 2018.

Nordic Experiences with Parental Leave and Its Impact on Equality Between Women and Men

Nordic Experiences with Parental Leave and Its Impact on Equality Between Women and Men

Author: Fríða Rós Valdimarsdóttir

Publisher: Nordic Council of Ministers

Published: 2006

Total Pages: 57

ISBN-13: 9289313307

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This report examines the laws that govern parental leave in five Nordic countries (Denmark, Finland, Iceland, Norway and Sweden) from a historical perspective, as well as from the experiences of individuals and the findings of a literature review, in order to identify best practices and remaining challenges to help secure a more gender-equal society. Topics discussed include: women's labour market participation, job security and maternity leave; fathers as parents; flexibility and shortcomings in parental leave laws; the use of parental leave and factors that influence its use by men.


Book Synopsis Nordic Experiences with Parental Leave and Its Impact on Equality Between Women and Men by : Fríða Rós Valdimarsdóttir

Download or read book Nordic Experiences with Parental Leave and Its Impact on Equality Between Women and Men written by Fríða Rós Valdimarsdóttir and published by Nordic Council of Ministers. This book was released on 2006 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report examines the laws that govern parental leave in five Nordic countries (Denmark, Finland, Iceland, Norway and Sweden) from a historical perspective, as well as from the experiences of individuals and the findings of a literature review, in order to identify best practices and remaining challenges to help secure a more gender-equal society. Topics discussed include: women's labour market participation, job security and maternity leave; fathers as parents; flexibility and shortcomings in parental leave laws; the use of parental leave and factors that influence its use by men.