Brussels, 03/10/2008 (Agence Europe) - “Juggling work and family and private life is a real problem that is faced by millions of Europeans, both men and women. But having children too often costs women their incomes and employment prospects. Only 65.5% of women with dependent children work, compared with 91.7% of men,” European Commissioner for Employment, Social Affairs and Equal Opportunities Commissioner Vladimir Spidla told press at the presentation of a package of measures to better reconcile work and private life on Friday 3 October, two days after it had been adopted by the College of Commissioners. At the heart of the package are two draft directives which will be put for approval to the European Parliament and the Council (co-decision). The first of these draft directives proposes extending maternity leave and making more financially attractive. The second aims to improve the position for self-employed women, giving them the same right to maternity leave, should they wish it. The proposal to extend maternity leave has already brought some negative reactions. On Friday morning, Germany Family Minister Ursula von der Leyen stated her outright opposition. Commissioner Spidla, however, remained optimistic: some proposals in the field of social policy have been adopted swiftly, he pointed out, but he could not say whether this latest package would be adopted under the present Commission, whose term of office expires at the end of October 2009.
That the package may prove to be controversial did not prevent the Commissioner from saying that, in the longer term, the Commission would also like to improve other forms of family leave, such as paternity leave, adoption leave and filial leave. Spidla also said that the European social partners had begun talks on ways to improve other forms of family-related leave, such as parental leave. Returning to the proposals adopted on Wednesday, he said that “they should also help increase women's involvement in the labour market and respond to the ageing population” since “those countries with higher rates of working women are also the one with the highest birth rates”.
Extending maternity leave. The European legislation currently governing maternity leave (directive 92/85/EEC) provides for minimum leave of 14 weeks and payment at least equal to sickness benefit. The new proposal takes maternity leave to at least 18 weeks and wants women to be paid their wages in full, although member states will retain the right to cap wages at the level of sickness benefit. Women would also have greater freedom on when to take the non-compulsory part of their leave (before or after the birth) and would not be required to take some of their leave before the birth, as is the case in some member states. It is also proposed that women returning to work after maternity leave should have the right to ask for flexible working hours; the employer would be required to give consideration to such requests but would not be constrained to accede to them. The Commission also proposes strengthening protection against sacking. Women will have the right to return to their job or to an equivalent position after their maternity leave - something that is not the case at the moment - and the new proposal also would ban preparation, during the maternity leave, of dismissal notified after the employee returns to work.
The proposal immediately met with hostility from Berlin. Conservative Family Minister said that “it will increase risks for those who employ young women”. Von der Leyen said that increasing maternity leave by four weeks in the EU could make it more difficult for young women who were looking for work. The German employers' organisation, the BDA, estimates that such a measure would cost a further €500 million. The message from British Conservatives was the same. In a press release, MEP Philip Bushill-Matthews said that “decisions regarding maternity leave and maternity pay should be made by national governments, no the EU”. He added, “Small businesses will struggle to afford this extra cost. Ultimately some of the smallest businesses may think twice about employing young women through fear of them going on maternity leave”.
More rights for self-employed women. Currently it is directive 86/613/EEC which governs arrangements in this area. The Commission believes that it has only had limited effect and that its vague wording makes it difficult to enforce. Highlighting the gender gap in entrepreneurship, the Commission argues that this is because of the scant - or total lack of - social protection for self-employed women, especially maternity protection.
Around 11% of the self-employed rely on assisting spouses to manage the family business. One third of assisting spouses work more than 25 hours per week yet have no protection in the event of divorce from or death of their self-employed partner. The Commission has decided to propose repeal of Directive 86/613/EEC and to propose a new directive in order to achieve the goals set by the original directive more effectively. The main proposals are: - female self-employed workers and assisting spouses or life partners should be entitled, at their request, to the same maternity leave entitlement as provided for employees under Community law in Directive 92/85/EEC; - and, at their request, assisting spouses or life partners when recognised by national law should be able to join the same social security scheme as self-employed workers, under the same conditions applicable to self-employed workers. These changes, the Commission states, are expected to lessen the disincentive for women to become self-employed and the vulnerability of assisting spouses.
Parental leave and other measures to come. The Commission has announced that social partners began negotiation on parental leave on 17 September 2008 with a view to revising the current European legislation (Directive 96/34/EC), which itself is based on a framework agreement concluded by European employer and trade union representatives. At the end of the time set out in the treaty for this procedure (nine months, except prolongation decided by common accord), the Commission will, if the social partners make the request, take the measures necessary to give force of law to the new agreement by adopting it in the form of a draft directive. If negotiations do not result in a new agreement, the Commission will consider the possibility of presenting proposals for completing the current legislative framework on reconciling professional life with family life. In the longer term, the Commission would also like to improve other forms of family leave, such as paternity leave (short-term leave for fathers at the time of the birth or adoption of a child), adoption leave (leave similar to maternity leave at the time when a child is adopted) and filial or family-related leave (to look after dependent family members).
Parents faced with shortage of childcare facilities
In the context of the same package, the Commission also published a report on the availability of childcare facilities in the EU and on the situation in each member state. The results of the study show that childminding services in EU countries do not meet the needs of parents, despite the fact that some progress has been made. The report notes that most countries do not reach the targets set by European leaders in Barcelona in 2002 regarding availability of childcare structures (for at least 90% of children between 3 years old and school age and at least 33% of children under 3). These “Barcelona targets” which come within EU strategy for growth and employment, aim to help young parents - and women in particular - to have a professional activity. The report highlights that: - most member states are not on course to meet the Barcelona targets, especially for children under 3; - where facilities do exist, often they are costly or the opening hours are not compatible with full-time work or jobs with atypical hours; - and the quality of the facilities (qualifications of the staff and the staff/child ratio, for example) could deter parents from using them. In a recent letter to the Commission, the social partners expressed their concern that the Barcelona targets will not be achieved. In response to this concern, the Commission states in its report that it will: - monitor the follow-up to member states' policies in this field under the strategy for growth and jobs, support it with comparable, up-to-date statistics and, if necessary, propose recommendations to those countries where implementation is weak; - analyse the development of childcare services and their specific contribution to gender equality, in particular in the annual report on equality between women and men to each Spring European Council; - promote exchange of good practice in this area and stimulate research on jobs in the childcare sector; - and promote the development of affordable quality childcare services, including by making full use of the potential of the EU Cohesion Policy, in collaboration with all stakeholders (member states and social partners). (O.L./transl.jl)