Download Eurochildi position on the amendment of Council Directive 92/85

Eurochildi position on the amendment of Council Directive 92/85/EEC on the introduction
of measures to encourage improvements in the safety and health at work of pregnant
workers and workers who have recently given birth or are breastfeeding
October 2009
The European Commission Communication1 on the amendment of the maternity leave Directive
suggests maternity leave is extended from the current 15 to 18 weeks. The European
Parliament report2, which MEPs voted at the last plenary session in June 2009 to refer back to
the FEMM Committee, proposed a leave of 20 weeks.
In Eurochild’s view this is still wholly inadequate. We call for the adoption of a 24 weeks leave.
There is a clear link between the health and safety of the pregnant and breastfeeding woman –
the legal ground for the Directive – and the right of the child to one-to-one care. A longer
maternity leave period is in the child’s best interest. It allows for closer mother/child bonding,
crucial for the child physical and emotional development and well-being. The duration of the
leave needs therefore to reflect not only mother’s health needs but also the infant’s
development.
Eurochild believes that maternity leave cannot be looked at in isolation. It should be part of an
overall policy on leave encompassing a full range of provisions, including paternity and parental
leave, leave to care for sick children and access to reduced working hours to accommodate
breastfeeding.
Transferability of the leave and payment must be addressed to ensure gender equality and
involvement of fathers, promoting their role as carers and combating associated stereotypes of
masculine roles. To reconcile work and family life it is important that both parents can share
care responsibilities by combining leave periods in a flexible way. When both parents take leave
during the child’s first months and years of a child, their relationship with the child is
strengthened and this has a wide and long-lasting effect on the child’s development.
Remuneration during leave is particularly important, especially for low income families who often
need to return to work to cope with the increased expenses associated with the arrival of a new
baby. Paid leaves are instrumental to both parents involvement in bringing up their children, and
particularly to encourage fathers assuming their role as primary caregivers.
The best interest of the child must be a primary consideration when deciding on leave policies.
The provision of high quality, affordable and accessible early childhood services must also be
1
2
COM(2008) 600/4
Report A6-0267/2009 of 23 April 2009
considered in parallel to leave policies, including the provision of adequate facilities and
professional assistance for child care and parenting and family support.
At a time when the European Union faces low birth rates, threatening the financial sustainability
of Europe’s social welfare models, flexible leave policies may help to reverse current
demographic trends3.
The call for 24 week maternity leave is consistent with recommendations of the WHO and
UNICEF for exclusive breastfeeding for the first 6 months of a child’s life4. Breastfeeding is
known to strengthen infants immune system (protects against infections, illnesses, allergies)
and enhance their development5. Exclusive breastfeeding is extremely difficult to maintain after
a mother’s return to full-time employment. The requirement on employers to give breastfeeding
pauses is usually insufficient to maintain the regular milk supply.
A growing body of research in the neurological sciences points also to how important early
childhood experience is to brain development. The nature and quality of early relationships have
a profound influence on developmental outcomes for children6.
In its recent Report Card no. 87 on the child care transition, the UNICEF Innocenti Research
Centre takes a child-centred approach to policies on child care and leave. It sets several
minimum standards or benchmarks. In the case of parental leave, it recommends that on the
birth of a child, one parent be entitled to leave of at least a year (to include pre-natal leave) at 50
per cent of salary (subject to upper and lower limits). For parents who are unemployed or selfemployed, the income entitlement should not be less than the minimum wage or the level of
social assistance. At least two weeks parental leave should be specifically reserved for fathers.
The report concludes that the issue of whether today’s children will benefit or suffer from
changes in society leading to massive out of home child care will come down to the availability
of parental leave and to the availability, affordability and quality of early childhood services.
A common commitment from all member states to minimum leave period of 6 months after a
child’s birth would be a huge step towards investing in childhood to the benefit of all children
and for society as a whole.
i
Eurochild is an active network of 83 organisations working across Europe to improve the quality of life of
children and young people. Our work is underpinned by the principles enshrined in the United Nations
Convention on the Rights of the Child. We are co-funded by the European Commission through the
PROGRESS Programme. www.eurochild.org
3
In Sweden and Denmark long and flexible leaves co-exist with comparatively high birth rates and employment
rates of women (Eurostat figures - 2006/2007).
4
5
http://www.unicef.org/programme/breastfeeding/innocenti.htm
For an overview of advantages of breastfeeding http://www.breastfeeding.com/all_about/all_about_more.html
6
See for example, From Neurons to Neighborhoods: The Science of Early Childhood Development, Shonkoff &
Philipps, ed. 2000
7
http://www.unicef-irc.org/publications/pdf/rc8_eng.pdf