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Right to Balance: The European Commission Takes Action to Promote Work-Life Balance

In order to protect the right to balance between work and private life in all member states, the European Commission has decided to continue with proceedings and has sent reasoned opinions to as many as 11 member states for failing to timely inform them about national measures that fully transpose the rules establishing the aforementioned right to balance.

Namely, the EU has adopted a series of legislative acts that introduce minimum rights for EU citizens that allow for the combination of work with family obligations, among which is the ‘Directive on Work-Life Balance’. The directive is linked to the European Care Strategy, which aims to provide everyone in the European Union with access to quality and affordable care and to improve the position of recipients and providers of formal and informal care.

However, the directive was adopted back in 2019, and member states were required to transpose it into their national law by August 2, 2022. Last September, the Commission issued an official warning to as many as 19 states for ‘failure to inform’ about the measures for transposing the directive into national law.

After analyzing their responses, the Commission found that the Directive has not yet been fully transposed in 11 member states and therefore decided to take the next step in infringement proceedings and send reasoned opinions to Belgium, the Czech Republic, Ireland, Greece, Spain, France, Croatia, Cyprus, Luxembourg, Austria, and Slovenia. These member states now have two months to take measures to comply with the reasoned opinion. Otherwise, the Commission may refer cases against them to the Court of Justice of the European Union.

Better Conditions for Parents and Caregivers

The Directive on Work-Life Balance is a milestone for working parents and caregivers, as stated in the announcement. It establishes minimum standards for leave rights such as paternity and parental leave, as well as leave for caregivers. It ensures the right to request flexible working conditions for parents and caregivers.

The aim of the directive is to improve the balance between work and private life for everyone and to enable parents and caregivers to better manage their responsibilities.

Specifically, the directive provides for the following rights:

  • Paternity leave, under which fathers have the right to at least ten working days of paternity leave at the time of the child’s birth. The compensation during paternity leave must be at least equal to that received during sick leave.
  • Parental leave, to which every parent is entitled for a duration of at least four months, of which two months are paid and non-transferable. Parents can request to take this leave in a flexible form: full-time or part-time or in segments.
  • Leave for caregivers, which grants them the right to at least five working days of caregiver leave annually.
  • Flexible working conditions, which allow all working parents with children up to eight years old and all caregivers to request reduced working hours, flexible working hours, and flexibility at the workplace.
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