EU Law on Maternity and Other Child-Related Leaves

EU Law on Maternity and Other Child-Related Leaves
Title EU Law on Maternity and Other Child-Related Leaves PDF eBook
Author Miguel De la Corte-Rodríguez
Publisher Kluwer Law International B.V.
Total Pages 383
Release 2019-09-04
Genre Law
ISBN 940351454X

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Although proven effective in protecting pregnancy, giving birth and breastfeeding – that is, the biological differences of women related to maternity – the current European Union (EU) legislative framework on maternity leave tends to overlook the roles of both parents, especially during the post-delivery period of ‘bonding’ with the child. This framework, along with EU law on parental leave, which does not encourage an equal take-up of the leave, gives rise to serious issues of gender equality affecting both men and women. This deeply researched and urgent book proposes alternative options for future EU law on child-related leave which can be applied to both employees and self-employed workers to mitigate these limitations and side effects. Analysing the various EU Directives which, directly or indirectly, relate to maternity leave, paternity leave, adoption leave and parental leave, as well as the corresponding case law of the Court of Justice of the EU, the author uses a social risk approach and tackles the following issues: narrow focus of the legislation on the delivering mother’s incapacity to work; in practice, excessive emphasis on the protection of the delivering mother; silent assent to the unequal distribution of caring responsibilities within the family; lack of attention to women’s labour market outcomes; and the new direction followed by the recently adopted Directive on work-life balance. The research focuses on working parents (including non-delivering parents in same-sex couples or adoption) and includes a comparative analysis of the law of six countries – Belgium, Ireland, Spain, the United Kingdom, Sweden and Portugal – chosen to illustrate the variety of national schemes available and how their desirable features can be introduced into EU law. A more balanced design of child-related leave is a must in today’s society for reasons of fairness and also for economic considerations. This complete analysis of EU legislation and case law about child-related leave – including the first-ever systematic and in-depth analysis on whether maternity leave can be considered discriminatory against fathers and a review of economic literature on how child-related leave affects the situation of women in the labour market – offers forward-looking solutions for child-related leave to enhance gender equality. Practitioners and nongovernmental organisations dealing with EU and national matters related to labour and employment law, social security law and gender equality law will welcome this important book, as will academics and policymakers interested in maternity and other child-related leaves.

The Politics of Parental Leave Policies

The Politics of Parental Leave Policies
Title The Politics of Parental Leave Policies PDF eBook
Author Sheila B. Kamerman
Publisher Policy Press
Total Pages 296
Release 2011
Genre Business & Economics
ISBN 1847429033

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This title covers 15 countries in Europe and beyond bringing together leading academic experts to provide a unique insight into the past, present and future state of this key policy area.

Reconciling Work and Family Life in EU Law and Policy

Reconciling Work and Family Life in EU Law and Policy
Title Reconciling Work and Family Life in EU Law and Policy PDF eBook
Author A. Masselot
Publisher Springer
Total Pages 208
Release 2010-01-20
Genre Political Science
ISBN 0230246680

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Since its timid introduction onto the EC agenda in 1974, reconciliation of work and family life has developed into a fully-articulated principle. This book explores this journey and its implications for the EC legal order and society. It argues that as reconciliation issues continue to evolve they require constant reassessment.

Paternity Leave in Austria

Paternity Leave in Austria
Title Paternity Leave in Austria PDF eBook
Author Raphaela Fischnaller
Publisher diplom.de
Total Pages 20
Release 2019-05-09
Genre Political Science
ISBN 3961163162

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This paper looks into the legislative proposal of Papa Monats addressed by female Minister Hartinger-Klein and portrays the draft law analysis. During this process the legal foundations in Austria are explained as well as the new EU guidelines. Furthermore a comparison with other EU countries is made and the current debate in Austria is described. Finally we analysed the hypothesis, that an introduction of Papa Monats wouldn`t evoke any change in the participation of fathers, if no other policies are installed.

Nordic Experiences with Parental Leave and Its Impact on Equality Between Women and Men

Nordic Experiences with Parental Leave and Its Impact on Equality Between Women and Men
Title Nordic Experiences with Parental Leave and Its Impact on Equality Between Women and Men PDF eBook
Author Fríða Rós Valdimarsdóttir
Publisher Nordic Council of Ministers
Total Pages 57
Release 2006
Genre Law
ISBN 9289313307

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This report examines the laws that govern parental leave in five Nordic countries (Denmark, Finland, Iceland, Norway and Sweden) from a historical perspective, as well as from the experiences of individuals and the findings of a literature review, in order to identify best practices and remaining challenges to help secure a more gender-equal society. Topics discussed include: women's labour market participation, job security and maternity leave; fathers as parents; flexibility and shortcomings in parental leave laws; the use of parental leave and factors that influence its use by men.

The Palgrave Handbook of Family Policy

The Palgrave Handbook of Family Policy
Title The Palgrave Handbook of Family Policy PDF eBook
Author Rense Nieuwenhuis
Publisher Springer Nature
Total Pages 727
Release 2020
Genre Families
ISBN 3030546187

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"This engaging collection gathers theoretical and empirical insights from leading family policy experts. The authors - representing diverse countries, disciplines, and methods - bring to life the volume's innovative conceptual framework, which is organized around policy institutions, both public and private. The volume closes with a call for new lines of research that should inform family policy scholars for years to come."--Janet Gornick, Professor of Political Science and Sociology, and Director of the Stone Center on Socio-Economic Inequality, The Graduate Center, City University of New York, USA "Featuring exciting contributors from a range of often-siloed scholarly disciplines, countries and cultures, this Handbook offers nuanced insights into how interacting societal inequality factors influence family policy enactment to reinforce or improve inequality outcomes across gender, class, and nations. It is ambitious, broad-reaching, and succeeds in providing a strategic view within and across nations to inspire thoughtful evidence-based policy implications to improve societies in the future."--Ellen Ernst Kossek, Basil S. Turner Professor of Management, Purdue University, USA This open access handbook provides a multilevel view on family policies, combining insights on family policy outcomes at different levels of policymaking: supra-national organizations, national states, sub-national or regional levels, and finally smaller organizations and employers. At each of these levels, a multidisciplinary group of expert scholars assess policies and their implementation, such as child income support, childcare services, parental leave, and leave to provide care to frail and elderly family members. The chapters evaluate their impact in improving children's development and equal opportunities, promoting gender equality, regulating fertility, productivity and economic inequality, and take an intersectional perspective related to gender, class, and family diversity. The editors conclude by presenting a new research agenda based on five major challenges pertaining to the levels of policy implementation (in particular globalization and decentralization), austerity and marketization, inequality, changing family relations, and welfare states adapting to women's empowered roles

Basics on European Social Law

Basics on European Social Law
Title Basics on European Social Law PDF eBook
Author Christina Hießl
Publisher Linde Verlag GmbH
Total Pages 182
Release 2021-01-07
Genre Law
ISBN 3709411394

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European Social Law at a glance The present book sets out – in a concise manner – the social law of the European Union. Apart from core areas of European labour law, the regulation of which is based on the EU’s competence in social policy, it covers notably the numerous rights based one the free movement of workers and other EU citizens, as well as the coordination of social security. Beyond that, the book refers to other fields of EU regulation which are prone to cause conflicts between the member states’ national social law and the relevant EU norms, which remain challenging to resolve to this day. Extensive reference is made to the case law of the European Court of Justice, which continues to have a paramount role in shaping the social law of the EU as it stands. The book is primarily aimed at students confronted with European social law for the first time. Besides, it should constitute a well-structured source of reference for law practitioners in the rising number of cases where EU law is of relevance for national legal practice.