The last inter-institutional meeting on the Work-Life Balance Directive on Monday 19 November failed to make any real progress, due in particular to the Austrian Presidency of the Council of the EU being straitjacketed by the Member States.
Admittedly, the Presidency had obtained a limited negotiating mandate from the Committee of Permanent Representatives, with a renewed mandate on paternity leave offering remuneration at the same level as maternity leave (see EUROPE 12138).
"The trilogue was short, the Council did nothing on carers leave and parental leave, there was no benefit in continuing", says one source, who was hoping for general agreement.
So, on carers’ leave, the European Parliament - represented by rapporteur David Casa (EPP, Malta) - would have insisted on having five paid days per year, but would have accepted the level of payment being left to the discretion of the Member States.
Problem: the Member States would reject any possibility of setting a fixed number of paid days. It would be the Member States with the most progressive leave systems, such as Germany, that would be most reluctant to introduce such constraints (see EUROPE 12136). The EP would have emphasised that the primary purpose of the Directive is to establish minimum standards, leaving Member States the freedom to go further.
The crux of the problem remains parental leave. The Council would like to set the non-transferable paid period at one and a half months. The proposal would be difficult for the European Parliament to accept, as it has already moved towards the Member States by proposing a reduction of the non-transferable period to three months instead of four months.
No decision has been taken on paternity leave as the European Parliament has to examine the Council's new proposal.
The next inter-institutional meeting will be held on 3 December. (Original version in French by Pascal Hansens)