The Employment and Social Affairs Council of 8 March adopted, without debate, a directive on parental leave, which principally increases from three to four months the duration of leave to which each new working parent is entitled. In order to encourage a more equal use of parental leave by both parents, at least one of the four months of leave must be granted in a non-transferable manner. For example, a woman has the right to three months’ parental leave after having given birth or adopted, while her partner will be able to benefit from the fourth month of parental leave. If it is not taken, it will be lost.

This directive transposes a framework agreement concluded by the social partners (BusinessEurope, UEAPME, CEEP and ETUC) in June 2009, drawn up in order to better reconcile professional and family life and promote equality between men and women in the labour market. Member states can nevertheless apply or adopt more favourable provisions than those set out in the framework agreement.

Among other changes, the directive clarifies that parental leave applies to all workers, regardless of their contract type (fixed-term or part-time contract or temporary agency workers). For parents returning to work following parental leave, it offers the possibility of asking for the adaptation of their working conditions (working hours, for example); and it provides increased protection not just against dismissal but also against any unfavourable treatment as a result of undertaking the right to parental leave.

The first framework agreement at Community level on parental leave had been concluded in December 1995, and was transposed into Directive 96/34/EC. The new directive repeals Directive 96/34/EC.