*Update 26.09.2024: we’re still unable to find any mention of these 5 additional days on staff matters, they don’t appear to be available via sysyper either. We’ve asked staff contact for info and we’ll share it with you here.*

Original article: In November 2022 Generation 2004 asked the Commission to match the updated paternity-leave provision from Belgium: 20 days of paternity leave[1], instead of the current 10. In its response HR proposes to request a further 5 days of paternity leave, bringing the total to a potential 15 days. While we are pleased with this positive response and acknowledge that this is a step in the right direction, it’s a long way from setting an example for Member States and there’s a catch: there’s the (artificial) financial barrier of an obligatory one month of parental leave in order to qualify.

While it is admirable to encourage fathers to take a month of (relatively-poorly-paid leave [2]), the financial hit is a massive obstacle to participation at this particularly vulnerable (and expensive!) life-moment. This means that, in practice, the additional 5 days would be reserved for those who find themselves able to survive on 1143€ during that month. Even if you consider the 5 days of special leave to balance part of the month of parental leave, that still gives a salary for that month of 1524€. To put this in context, the minimum wage in Luxembourg is 3009€.

So, this ‘extension’ is essentially artificially restricted to those who have savings/financial stability, since this new parent will be unable to pay the basics of life (accommodation/food/electricity) even living as a couple with the allowance paid.  Newer staff, those who are often lower down the payscales are less likely to be able to take advantage of these days: will this impact recruitment and retention? We are following up with HR to ask how they plan to ensure that these 5 days can be used by those who need them, not just those who can afford them.

Some context: the Commission currently complies with the legal minimum on paternity leave (Commission Decision of 16.12.2013 on leave (amended in 2020)). Compare that to the flexibility available elsewhere in the EU:  Finland and Spain offer 19 and 16 weeks respectively (as of March 2023). Maybe there’s something else paid to even this up, like a birth grant (in France it’s 1003€) right? Yes, there is: but unfortunately, at the Commission it’s 198.31€ [3]. There will also be a dependent child allowance, but the month of leave is still likely to be costly. It is unfortunate that the ideals expressed by the EU sometimes don’t materialise in real life:

‘Women and men shall have equal access to special leaves of absence in order to fulfil their caring responsibilities and be encouraged to use them in a balanced way.’ (point 9, The European Pillar of Social Rights in 20 principles)

The Commission provides 143% of the legal minimum for maternity leave (Commission Decision of 16.12.2013 on leave) but the bare minimum for paternity leave: the (unintended?) consequence here is that this disparity reinforces the idea of the mother as the main carer and the father as an afterthought[4].

Consider also that new parents have already taken a hit financially, since maternity medical care is only reimbursed at the normal rate (and many items such as vitamins are not reimbursed at all), leaving the mother with the 15-20% to pay (up to a ceiling, of course, and then there is also the Luxembourg overpayment) even where both parents are primary JSIS members. Post birth, both parents are considered together as a single unit for allowances and education: would it be feasible to do this for pregnancy-related care?

Some further context: have a look at where there are special leave days available with no artificial barriers. We encourage you to make draft special leave requests in syspser in order to see e.g. 2 days for a child’s wedding (with travelling time) or 4 days for your own wedding/partnership (with travel time): proof that where there is willingness, anything is possible!

As always, we would love to hear from you. Please do not hesitate to get in touch with us or leave a comment below.

If you appreciate our work, please consider becoming a member of Generation 2004.

[1] @ 100 % for 3 days (paid by the employer) and 82 % of earnings for the remaining period, 01.01.2023.

[2] 13 of the 27 Member States pay 100% of the salary during paternity leave.

[3] We have previously written about the obligation to check whether we’re eligible for national allowances, it is not clear to us whether this would apply here.

[4] Thanks to the colleague who pointed out the following:

‘Member States should set the payment or allowance for the minimum non-transferable period of parental leave guaranteed under this Directive at an adequate level. When setting the level of the payment or allowance provided for the minimum non-transferable period of parental leave, Member States should take into account that the take-up of parental leave often results in a loss of income for the family and that first earners in a family are able to make use of their right to parental leave only if it is sufficiently well remunerated, with a view to allowing for a decent living standard.’ (Recital 31, Directive (EU)2019/1158)

older updates

*Update 06.12.2023: the Health and well-being Action plan 2022-2025 also gives an implementation date of 2023 for this ‘special leave to enhance equal sharing of responsibility for a new-born or a newly adopted child’, nevertheless sysper is still showing only 10 days. We will follow-up on this. Context: note we sent to HR (23.10.2023) and the response received 22.11.2023.*