A general approach is beginning to take shape on the directive on the work life balance at the next Employment and Social Policy Council (EPSCO), albeit with some significant flexibility introduced to the European Commission proposals, if the proposals published on Friday 15 June from the Committee of Permanent Representatives to the EU are to be believed.
The document confirms the trends witnessed over recent weeks (see EUROPE 12039): the member states reached an agreement on leaving more room for manoeuvre on both the length of holidays and holiday pay levels.
The member states are therefore expected to be able to reach a decision on paternity leave pay. The European Commission proposed aligning it to national sick pay levels. The 10 day period proposed by the Commission is retained in the general approach (art.4).
With regard to parental leave, the Commission stipulated a remunerated and non-transferable period in its proposal of four months until the cared for child is 12 years old. In this regard, the views of the member states have been taken into account by the Bulgarian Presidency of the Council of the EU. It allows the member states to decide on the age limit of the child who can benefit from this leave. The only condition is: the age limit must be set out in a way that the two parents can “efficiently” use it (recital 15a, art 5, §1). The document explains that if the age were too low it would prevent a large number of fathers using this leave.
With regard to the question of carer’s leave, the member states have removed the proposal by the European Commission to set remuneration at a sick pay level and five days a year.
As we previously indicated in our publication, the national delegations introduced a “bridging clause” which would provide member states with the opportunity of derogations to certain kinds of holiday when they have national provisions go further than the directive on this kind of holiday. According to one source close to the dossier, this is not really a good idea and points out that maternity leave can be mixed with other holidays because it pursues the health and safety directive.
Two major points
As we previously reported, two major points will be debated by the ministers: the maximum duration of the non-transferable period for parental leave (recital 14) and pay (recital 19). For the former, the Bulgarian Presidency left “two months” in brackets and for the latter, the description, “adequate”.
The question of pay is a complicated subject as confirmed by several sources, given that certain member states (Germany, Denmark) already have short paid holidays and are concerned about a possible duplication occurring within binding implementation of paternity leave. Ireland and the United Kingdom would be against the introduction of paid leave in this respect, as would Cyprus. Portugal would not be very much in favour of this agreement taking shape either but as opposed to the other delegations mentioned, this is because of the lack of ambition, according to one source.
With regard to the nontransferable period, several member states would like to bring it to a month. These include Hungary and Poland, amongst others.
There are many states that would like to reserve the right of scrutiny, judging from the document. These include Austria, Cyprus, Germany, Denmark, Spain, Hungary, Ireland, Italy, Latvia, the Netherlands, Poland and United Kingdom. According to one source, Spain has changed its position and with the change of government, will support the text. There are still two major question marks regarding the positions of Germany and Italy.
Ministers will meet up again to discuss the legislative text on Thursday 21 June in Luxembourg where they will also adopt a comprehensive general approach on the regulation on the coordination of social security systems (see EUROPE 12041) and the directive on transparent and predictable working conditions (see EUROPE 12042).
The European Trade Union Confederation (ETUC), several NGOs and MEPs have sent a joint letter to the ministers responsible to adopt a general approach during this Council (see other article). (Original version in French by Pascal Hansens)