EU Work-Life Balance Directive

The Work-Life Balance Directive aims to support working parents and carers in achieving a better work-life balance. It includes measures to promote flexibility in working hours, to support parents and carers and to promote gender equality in the workplace.

DIRECTIVE (EU) 2019/1158 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on "Work-life balance for parents and carers" was adopted on June 20, 2019. It sets minimum standards to achieve equality between men and women in terms of labor market opportunities and treatment in the workplace.

Equality between men and women is a fundamental principle of the European Union. However, reconciling work and private life is still a major challenge for many employees and parents with caring responsibilities. This has a negative impact on the employment rate of women:

• Women are also underrepresented in the labor market because it is difficult to reconcile work and family responsibilities.
• Women with children are often in paid employment for fewer hours and spend more time on unpaid care and nursing tasks.
• It has also been proven that the illness or need for care of relatives has a negative impact on women's employment. This even leads to some women dropping out of the labor market altogether.

The aim of the EU directive is to increase paternal participation and encourage more men to take on an equal share of childcare and caring for relatives in order to promote gender equality in the world of work.

The EU member states are required to implement the directive and enact national legislation in order to achieve the defined objectives. To implement the European Compatibility Directive in Germany, the federal government launched a bill on June 8, 2022, which came into force as law on December 24, 2022.

However, the majority of the EU requirements are already in line with current national law. For example, parental leave, parental allowance, nursing leave and family care leave already provide comprehensive relief for families with children or relatives in need of care. Therefore, only some procedures and responsibilities have so far been adapted to the European regulations.

This is what employers must now observe according to the VRUG:

• In future, employers must give reasons for rejecting an application for flexible working arrangements during parental leave, regardless of the size of the company.
• Employers of small companies must also respond to applications from employees to conclude an agreement on leave of absence in accordance with the Caregiver Leave Act and the Family Caregiver Leave Act within four weeks of receiving the application and provide reasons in the event of a rejection.
• Employees in small companies who agree leave of absence with their employer in accordance with the Caregiver Leave Act or the Family Caregiver Leave Act must be protected against dismissal for the duration of the agreed leave of absence.
• The remit of the Federal Anti-Discrimination Agency has been extended to include issues relating to discrimination covered by the Compatibility Directive.

Notified: paternity leave through the "package for more partnership"

German lawmakers have not yet introduced the 10-day paternity leave provided for in the Directive. However, the German government has announced a "package for more partnership". This is intended to further improve the compatibility of family and career.

The package is to include the following key points:

• the introduction of two weeks' paid leave for the partner immediately after the birth of the child in the Maternity Protection Act,
• the extension of the partner months in parental allowance and
• the extension of parental leave-related protection against dismissal after a longer period of parental leave in order to ensure a return to work.

When the planned law will come into force remains to be seen.