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EU Member States reject European Parliament's plan to increase full Maternity Pay to 20 weeks

Employment Law & HR update - 04/07/2011

Ministers from the European Union member states voted in June to reject a plan by the European Parliament to increase the period of fully paid maternity leave to 20 weeks'. The UK minister was among those who voted to reject the proposals. The proposals will now return to the European Parliament for reconsideration.

Where have these proposals come from?

Proposals to increase the period of fully paid maternity leave were first put forward by the European Commission in 2008. The initial proposal was for 18 weeks' leave to be at full pay. When the proposals were debated by the European Parliament, the period of paid leave proposed was increased to 20 weeks.

Remind me what the current entitlement to maternity leave is.

Currently, women in the UK are entitled to 6 weeks' leave at 90% of their normal pay, followed by up to 33 weeks at a statutory rate, currently £128.73.  The remaining period of maternity leave, approximately 3 months, is unpaid.

What are the arguments against increasing the period of fully paid maternity leave?

Because most statutory maternity pay is recovered by employers from the State, the obvious argument against increasing the period of fully paid maternity leave is additional cost at a time of public spending restrictions.

But a second argument – which the UK government put forward - is that it benefits the rich much more than the poor. Under current rules, those paid £10,000 per year receive around 70% of their pay during the maternity leave period, while those paid £60,000 per year receive only around 23%. So increasing maternity pay to "full pay" without an upper limit will benefit the better-paid more than the less well-paid.

So, for both these reasons, increasing maternity pay to the levels proposed is not likely to be politically acceptable.

With its proposals rejected, what does the European Parliament think about this?

In a press release, the EU rapporteur on Maternity entitlements, Edite Estrela, commented:

"I regret that some member states expressed once again a disrespectful position towards the European Parliament". She also pointed to a Eurobarometer opinion poll in which 80% of respondents supported the idea of 20 weeks' fully paid maternity leave.

And what is the view from the UK?

The British Chambers of Commerce expressed its concern at the impact of the proposals, saying they were 'unaffordable'. The Federation of Small Businesses has also expressed its opposition.

The coalition government opposes the proposals and voted against them.  It is proceeding with proposals for a system of shared parental leave, where mothers and fathers can share paid and unpaid leave entitlements, and can take leave at the same time.

So what happens next?

The proposals cannot proceed until EU member states agree. In the light of the defeat, alternative proposals will need to be put forward. The result is that any changes are unlikely anytime soon.



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