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DIRECTIVE (EU) 2019/1158 OF THE EUROPEAN PARLIAMENT AND THE COUNCIL ON WORK-LIFE BALANCE FOR PARENTS AND CARERS

On 12 July 2019, Directive 2019/1158 of the European Parliament and Council on work-life balance for parents and carers was published, which supplements and reinforces the rights already existing in Directive 2010/18/EU, which is repealed, effective from 2 August 2022.

This new Directive sets forth the minimum requirements related to paternity leave, parental leave and carers’ leave and, among other issues, the requirements for being able to exercise the right to request flexible working arrangements for workers who are parents or carers.

Regarding the previous directive, we can highlight the following changes, many of which are already being fulfilled, and even improved upon, by the Spanish legal System:

  • ‘Carer’ concept (Art. 3.d.): A worker who provides personal care or support to a person who lives in the same household and who needs significant care or support for a serious medical reason.
  • Paternity leave (Art. 4): A parent is entitled to 10 working days’ paternity leave upon the birth of the child. Improved by Art. 48.4 of Workers’ Statute.
  • Parental leave (Art. 5): Member States must ensure that at least two of the four months of parental leave are non-transferable. Improved by Art. 48.4 of Workers’ Statute.
  • Carers’ leave (Art. 6): Member States shall take the necessary measures to ensure that each worker is entitled to five working days of carers’ leave per year per worker.
  • Flexible working arrangements (Art. 9): The right of parents to request flexible working arrangements to deal with their care obligations is extended to carers. It is fulfilled by Art. 38.8 of Workers’ Statute.

Member States have until 2 August 2022 to bring into effect the laws, regulations and administrative provisions necessary to comply with the Directive.

MAIO LEGAL will inform you about the possible consequences of the entry into force of the Directive in national legislation.

 

Labor Law Department

Ángela Toro

[email protected]

Marina de Castro

[email protected]

Cristina Martínez

[email protected]