Brussels, 16/04/2009 (Agence Europe) - On Thursday 16 April, the committee on women's rights and equal opportunities adopted the report by Portuguese Socialist Edite Estrela on improving the health and safety of women workers who are pregnant, who have recently given birth or who are breast-feeding. With 18 votes to 6 and 5 abstentions, the committee took a stance in favour of strengthening the provisions of Directive 92/85. The plenary vote on amendments made to the European Commission's proposal will come in May during first reading according to co-decision procedure.
The Estrela report suggests there should be: (1) maternity leave of 20 weeks (instead of 18 weeks as in the Commission's initial proposal), with the first six weeks as compulsory leave; (2) 100% monthly salary during the six weeks after giving birth followed by at least 85% for the remainder of the leave; and (3) the introduction of at least two compulsory weeks paternity leave after the legal base of the directive has been extended to cover the principle of equal treatment. Maternity leave varies from one member state to the next from 14 to 28 weeks.
A ban has also been put on dismissals during the entire maternity leave and justification will have to be provided for dismissals within the 12 months after the birth of a child, nor should any such dismissals be linked to the pregnancy. Women should be able to return immediately to an equivalent job and have flexibility in the way their work is organised.
Josef Jirkal, the Czech Presidency's employment and social affairs attaché, representing the Council of the European Union at the vote on this report, said that “consensus had not yet been reached (in Council) and discussions are not easy”. Jirkal indicated which amendments could prove to be problematic: (1) extending maternity leave to 20 weeks, although agreement could easily be reached on 18 weeks; (2) paternity leave; and (3) the salary of women on maternity leave.
Estrela reacted by saying that “the Council wants to water down” her proposal, when she sought to be “modern, and progressive” wanting to “raise standards”. The Portuguese MEP argued in particular for paternity leave because “this is the 21st century” and “family duties have to be shared”. (E.M./transl.rh/rt)