Pregnant Workers Directive 1992

Last updated

Directive 92/85/EEC
European Union directive
Flag of Europe.svg
TitleDirective on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding
Made by Council of the European Union
Made underArticle 118a (Treaty establishing the European Economic Community)
Journal reference L 348
History
Date made19 October 1992
Entry into force24 November 1992
Implementation date24 November 1994
Other legislation
Amended byDirective 2007/30/EC,
Directive 2014/27/EU
Current legislation

Pregnant Workers Directive 1992 (92/85/EEC) is a European Union Directive. It concerns the basic rights of workers during and after pregnancy in the European Union.

Contents

Contents

The main provisions are as follows.

Case law

See also

Related Research Articles

<span class="mw-page-title-main">Parental leave</span> Time taken off to care for a new child

Parental leave, or family leave, is an employee benefit available in almost all countries. The term "parental leave" may include maternity, paternity, and adoption leave; or may be used distinctively from "maternity leave" and "paternity leave" to describe separate family leave available to either parent to care for their own children. In some countries and jurisdictions, "family leave" also includes leave provided to care for ill family members. Often, the minimum benefits and eligibility requirements are stipulated by law.

Pregnancy discrimination is a type of employment discrimination that occurs when expectant women are fired, not hired, or otherwise discriminated against due to their pregnancy or intention to become pregnant. Common forms of pregnancy discrimination include not being hired due to visible pregnancy or likelihood of becoming pregnant, being fired after informing an employer of one's pregnancy, being fired after maternity leave, and receiving a pay dock due to pregnancy. Pregnancy discrimination may also take the form of denying reasonable accommodations to workers based on pregnancy, childbirth, and related medical conditions. Pregnancy discrimination has also been examined to have an indirect relationship with the decline of a mother's physical and mental health. Convention on the Elimination of All Forms of Discrimination against Women prohibits dismissal on the grounds of maternity or pregnancy and ensures right to maternity leave or comparable social benefits. The Maternity Protection Convention C 183 proclaims adequate protection for pregnancy as well. Though women have some protection in the United States because of the Pregnancy Discrimination Act of 1978, it has not completely curbed the incidence of pregnancy discrimination. The Equal Rights Amendment could ensure more robust sex equality ensuring that women and men could both work and have children at the same time.

Sick leave is paid time off from work that workers can use to stay home to address their health needs without losing pay. It differs from paid vacation time or time off work to deal with personal matters, because sick leave is intended for health-related purposes. Sick leave can include a mental health day and taking time away from work to go to a scheduled doctor's appointment. Some policies also allow paid sick time to be used to care for sick family members, or to address health and safety needs related to domestic violence or sexual assault. Menstrual leave is another type of time off work for a health-related reason, but it is not always paid.

<span class="mw-page-title-main">Control of Substances Hazardous to Health Regulations 2002</span> United Kingdom legislation

The Control of Substances Hazardous to Health Regulations 2002 is a United Kingdom Statutory Instrument which states general requirements imposed on employers to protect employees and other persons from the hazards of substances used at work by risk assessment, control of exposure, health surveillance and incident planning. There are also duties on employees to take care of their own exposure to hazardous substances and prohibitions on the import of certain substances into the European Economic Area. The regulations reenacted, with amendments, the Control of Substances Hazardous to Work Regulations 1999 and implement several European Union directives.

The Labor Code of the Philippines is the legal code governing employment practices and labor relations in the Philippines. It was enacted through Presidential Decree No. 442 on Labor day, May 1, 1974, by President Ferdinand Marcos in the exercise of his then extant legislative powers.

Mother's rights are the legal obligations for expecting mothers, existing mothers, and adoptive mothers. Issues that involve mothers' rights include labor rights, breast feeding, and family rights.

United Kingdom agency worker law refers to the law which regulates people's work through employment agencies in the United Kingdom. Though statistics are disputed, there are currently between half a million and one and a half million agency workers in the UK, and probably over 17,000 agencies. As a result of judge made law and absence of statutory protection, agency workers have more flexible pay and working conditions than permanent staff covered under the Employment Rights Act 1996.

The Posted Workers Directive96/71/EC is an EU directive concerned with the free movement of workers within the European Union. It makes an exception to the Convention on the Law Applicable to Contractual Obligations 1980, which ordinarily requires that workers are protected by the law of the member state in which they work.

European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace, European labour law is viewed as a pillar of the "European social model". Despite wide variation in employment protection and related welfare provision between member states, a contrast is typically drawn with conditions in the United States.

Robinson-Steele v RD Retail Services Ltd (2006) C-131/04 is a European labour law and UK labour law case concerning the Working Time Directive, which is relevant for the Working Time Regulations 1998.

<span class="mw-page-title-main">Child care in the United Kingdom</span>

Child care in the United Kingdom is supported by a combination of rights at work, public sector provision and private companies. Child care is usually undertaken by the parents, and more often the mother who takes leave from employment. Early childhood education in a crèche or nursery is not freely available from the public sector, while fee-paying pre-schools are.

<span class="mw-page-title-main">Maternity and Parental Leave etc. Regulations 1999</span> United Kingdom legislation

The Maternity and Parental Leave etc. Regulations 1999 is a statutory instrument, concerning UK labour law, which details the rights to maternity and parental leave for employees in the United Kingdom.

Webb v EMO Air Cargo (UK) Ltd (1994) C-32/93 is a UK labour law and EU labour law case, concerning discrimination against a pregnant woman. It held that no comparator is necessary to establish discrimination against a pregnant woman. It was unusual in that Carol Louise Webb, the applicant, was represented throughout by a community law centre, the Hillingdon Legal Resource Centre (HLRC), later renamed the Hillingdon Law Centre, the only time that a British law centre case went to the European Court of Justice. The law centre's in-house barrister Michael Shrimpton argued the case before the Industrial Tribunal at London North in February 1988. He was also junior counsel to the late John Melville Williams QC in the Employment Appeal Tribunal and, by then in private practice, appeared at the compensation hearing in 1999. The case was one of the longest-running in British legal history.

The Employment Information Directive 1991 of 14 October 1991, also known as the "Written Statement Directive", or the "Employment Information Directive" was an EU Directive which regulates European labour law for the purpose of making workers' contracts transparent. It has been superseded by the Employment Information Directive 2019.

<span class="mw-page-title-main">Parental leave in the United States</span> Regulated by US labor law

Parental leave is regulated in the United States by US labor law and state law. The Family and Medical Leave Act of 1993 (FMLA) requires 12 weeks of unpaid leave annually for parents of newborn or newly adopted children if they work for a company with 50 or more employees. As of October 1, 2020, the same policy has been extended to caregivers of sick family members, or a partner in direct relation to the birth of the child therefore responsible for the care of the mother. Although 12 weeks are allowed to them, on average American fathers only take 10 days off, due to financial need. Beginning in 2020, California, New Jersey, and Rhode Island required paid parental leave to employees, including those a part of 50 or less employees. There is no paid paternity leave in the United States currently.

Statutory Maternity Pay is an employee benefit, part of the provision of parental leave in the United Kingdom.

The Danish Holiday Act is a Danish law regulating holiday time for employees.The act states how many days of paid holiday most employees in Denmark are legally entitled to. The law covers employees who receive wages for work performed in compliance with an employer, not including freelancers and employees working for the state. A new law was passed on 25 January 2018 by the Danish Parliament. It consists of a new concept of concurrent holidays and includes a transition period from 1 September 2019 – 31 August 2020 before being implemented on 1 September 2020. The concept of concurrent holidays allows employees to earn 2.08 holiday days each month, which they have access to use immediately, as opposed to the old scheme where workers earned holiday days for the following year.

The Organisation for Economic Co-operation and Development provides data about OECD countries related to paid parental leave length, average pay rate and full-rate equivalent. Not all countries provide mothers with a pay rate equal to what they would have received if the absence had not occurred.

Legislation relating to employment in the Republic of Ireland governs the provision and content of the contract of employment, payment of wages, length of the working day and working week, and dismissal procedures.

In Italy, maternity leave is compulsory and women must take up to two months off from work before her due date and three months off after the baby's birth. In certain scenarios, women may ask their employers for more time off before the baby's due date if her pregnancy is considered at risk and if her workplace puts her health or her baby's in danger. In some instances, women can request to work up to one month before her due date with the approval of her doctor and employer. However, this means that she will have to take a total of four months off after the birth of her child.

References