Maternity leave: extension to 20 weeks rejected by EU ministers

The Council of the European Union has rejected proposals to extend the minimum period of fully paid maternity leave to 20 weeks, which the European Parliament voted for in October 2010. 

The announcement comes after a lengthy period of discussion and consultation among EU member states. In February 2008, the European Commission published proposals for a revision of the Pregnant Workers Directive (92/85/EEC) (on the Europa website). The Commission proposed extending the minimum period of paid maternity leave from 14 to 18 weeks to improve women’s work-life balance. Under the Commission’s proposals, the maternity leave would not necessarily be on full pay, although the Commission recommended that it could be at or above the statutory sick pay rate. 

In February 2010, the European Parliament Women’s Rights Committee put forward draft legislation to extend maternity leave to 20 weeks on full pay, which the European Parliament approved in October 2010. However, for the extension to become law, the Parliament’s suggested amendments to the Pregnant Workers Directive has to be approved by the Council of the European Union, an EU body that represents member states’ Governments. The UK, along with France and Germany, lobbied against the proposals, with the Department for Business, Innovation and Skills commenting that "the UK Government will be working hard to oppose this law being implemented". 

In rejecting the Parliament’s proposals for extension to fully paid maternity leave, the Council voiced concerns regarding the cost implications and emphasised that a Directive should set minimum standards. 

However, Belgium, which currently holds the revolving EU Presidency, concluded that the Commission's original proposal aiming to extend the minimum length of maternity leave from 14 to 18 weeks could be a more acceptable basis for a compromise than the Parliament's amendments. 

A final decision on the minimum length of paid maternity leave is not expected before next year. Currently, workers in the UK are entitled to 90% of their full pay during the first six weeks of their maternity leave, followed by 33 weeks on statutory maternity pay of £124.88 per week. 

In addition, the Council also indicated that ministers were reluctant to include paternity leave in the Pregnant Workers Directive, noting that the directive’s main purpose was to improve the health and safety of pregnant women and new mothers. 

Also

The XpertHR employment law manual sets out the current law relating to maternity leave and pay. 

The XpertHR line manager briefing section includes a briefing on basic maternity rights.