On 20 October, MEPs voted in favour of the drafted resolution which proposes to extend minimum maternity leave in the European Union from 14 to 20 weeks with full pay. In this resolution, the Parliament extends Commission's proposal of a 18 weeks extension by 2 additional weeks, and introduces a paternity leave of at least 2 weeks.

The amendments introduced in the proposal of Directive are aimed to establish common rules in all Member States in relation to maternity leave, although they may introduce more favourable rules or expand rights. Amendments to Directive 92/85  are part of the "work-life balance" package put forward by the European Commission in 2008 and based on the International Labour Organization (ILO) Maternity Protection Convention of 2000.

20 weeks Maternity Leave

The drafted resolution which was adopted by 390 votes in favour, 192 against and 59 abstentions, lays down that maternity leave should be extended to 20 weeks and workers on maternity leave must be paid their full salary, which must be 100% of their last monthly salary or their average monthly salary. Under the Commission's original proposal, workers would receive 100% remuneration during the first six weeks of maternity leave. For the remainder of the leave, the Commission recommended granting full pay. This was not to be a binding provision but the amount paid was to be no less than sick pay.

However, Members adopted amendments adding that, when family-related leave is available at national level, the last four weeks of the 20 may be regarded as maternity leave and must be paid at least at 75% of salary.

The Parliament also adopted amendments to ban the dismissal of pregnant workers from the beginning of a pregnancy to at least 6 months following the end of the maternity leave. It also said that women must be entitled to return to their jobs or to equivalent posts.

Parliament adds that workers must not be obliged to perform night work or work overtime during the 10 weeks prior to childbirth, during the remainder of the pregnancy in cases where the mother or the unborn child have health problems, and during the entire period of breastfeeding.

Full paid paternity leave of at least 2 weeks

Member States are asked to give fathers the right to fully paid paternity leave of at least two weeks within the period of maternity leave. MEPs who opposed this provision argued that paternity leave lies outside the scope of this legislation, which deals with health and safety of pregnant women. This measure follows the agreement between the ministers of labour to reached within the Council in November 2009 advocated for the extension of parental leave and various measures to improve the conditions of equality in the rights of working parents.

Member states will have two years to transpose this Directive into national law, once it is definitively adopted.