Brussels, 17/03/2010 (Agence Europe) - Meeting in Brussels this Monday 15 March, the coordinators on the committee on women's rights of the European Parliament decided to call for an impact assessment of extending maternity leave to 20 weeks paid in full and the introduction of paternity leave. Between four and a eight weeks will be required to carry out this impact assessment, using an external consultancy.
The vote on this legislation in plenary, initially scheduled for 25 March in Brussels, has been postponed to 18 May 2010 in Strasbourg, according to a press release issued by the parliamentary committee. Commenting on this proposal, Edite Estrela (S&D, Portugal), rapporteur on the dossier, explained that her political group had called for the vote to be put back "in order to achieve a broader consensus at plenary". Having received several requests from member states expressing misgivings, notably on the costs of the directive, Estrela took position in favour of that proposal.
The impact assessment will look at the duration of maternity leave, its full payment and the introduction of two weeks of paid paternity leave. This assessment aims to look at the impact of the planned legislation in terms of costs/advantages, at social and environmental level as well as from an economic and budgetary point of view. Originally, the press release points out, the ECR had called for an impact assessment on extending maternity leave to 20 weeks, paid in full.
The "Better Regulation" agreement. On the basis of the "Better Regulation" agreement between the three European institutions (Council, Parliament and Commission) and of the guide of the conference of the presidents of the committees, the coordinators of the committee on women's rights called for an impact assessment, at first reading, on the "substantial amendments" adopted by the parliamentary committee on 23 February 2010. It is worth noting that the inter-institutional "Better Regulation" agreement (2003) defines a strategy to improve legislation throughout the length of the legislative process and that it lays emphasis on: (1) improving institutional coordination and transparency; (2) setting in place a framework for the other instruments of regulation (self-regulation and co-regulation); (3) making increased use of impact assessments in the Community decision-making process; (4) working methods for the adoption of proposals to simplify Community law. The three institutions have set in place a technical high-level group for inter-institutional cooperation, which is tasked with supervising the implementation of this agreement.
Background. At its meeting of 23 February 2010, the committee on women's rights took the view that the minimum maternity leave in the EU should be extended from 14 to 20 weeks and be paid in full. It also approved the right to paid paternity leave of at least two weeks. The changes made to the draft rules on the health and safety of pregnant workers, which were drafted by Edite Estrela, were adopted by 19 votes in favour, 13 against and one abstention. The legislation aims to establish minimum rules at EU level. The member states may bring in new rules or keep existing ones which prove more favourable to the workforce than those laid down by this directive.
The MEPs' proposals versus those of the European Commission. At their meeting of 23 February 2010, the MEPs proposed that:
(1) maternity leave be extended from 14 to 20 weeks, with six weeks to be taken after the birth. In October 2008, the European Commission proposed updating the current Directive 92/85/EC and extending maternity leave from 14 to 18 weeks, six of which to be taken after the birth. The rules on maternity leave also apply to domestic and self-employed workers;
(2) workers on maternity leave must receive their full salary corresponding to 100% of their last monthly salary or average monthly salary. In its draft rules, the Commission recommended the principle of full payment. However, it did not propose obligatory payment of this kind, but simply stated that it should not be lower than the payment rate for sickness leave;
(3) the member states must grant fathers the right to paid paternity leave of at least two weeks during the period of maternity leave. There is no Community legislation on paternity leave as yet;
(4) the draft law on maternity and paternity leave also applies to parents adopting a child of younger than 12 months. Additional paid maternity leave should be given under certain circumstances, such as a premature birth, disabled children, disabled mothers, adolescent mothers, multiple births and children born within 18 months of previous births.
The amendments made by the committee on women's rights. Again at its session of 23 February, the parliamentary committee adopted amendments aiming to prohibit dismissals of pregnant women from the beginning of their pregnancy until the six months following the end of their maternity leave. Formal reasons or must be given in writing for any dismissals occurring during this period.
Subsequent to maternity leave, women must have the right to return to their job or an "equivalent post", in other words an equivalent position with the same salary, the same professional category and functions as previously.
Lastly, the MEPs take the view that workers should not be obliged to work night shifts or overtime in the 10 weeks preceding the birth, during the rest of the pregnancy in the event of health problems on the part of the mother or the unborn child and for the entire breastfeeding period. Workers wishing to be exempted from nightshifts must notify their employers and present a medical certificate, the MEPs add. (G.B./transl.fl)