Parents who are European Union citizens will have the right to longer parental leave, according to a revised directive on parental leave approved by EU ministers on November 30 2009.
 
The revised directive on Parental Leave will give each working parent the right to at least four months leave after the birth or adoption of a child, up from three months now.
 
At least one of the four months cannot be transferred to the other parent – meaning it will be lost if not taken – offering incentives to fathers to take the leave.
 
The new directive also provides for better protection against discrimination and a smoother return to work, according to an EU media statement.
 
The directive into effect an agreement between European employers and trade union organisations.
 
"Full equality on the labour market between men and women will only be attained if working fathers take more responsibility in family affairs, such as looking after their children", Vladimir Spidla, European Commissioner for Employment, Social Affairs and Equal Opportunities said.
 
"The directive agreed upon today is a decisive contribution to allowing working parents to better balance family and work. I believe that this will strengthen women's position in employment," Spidla said.
 
The main changes in the new directive are:
 
Longer leave – each parent will be able to take four months off for each child (previously three months). The extra month cannot be transferred from one parent to the other, thereby encouraging fathers to take their leave. In the past many working fathers have transferred their right to leave to the mother.
 
No discrimination – an employee applying for or taking parental leave will be protected from any less favourable treatment for doing so.
 
Temporary changes to work schedules – employees returning from parental leave will have the right to request changes to their working hours for a limited period. In considering such requests, employers will be obliged to balance the needs of the employee as well as the company.
 
Parents of adopted children and children with a disability or long-term illness – governments and employers/unions will be obliged to assess the specific needs of such parents.
 
Work contracts – the new rights will apply to all workers, regardless of their type of contract (e.g. fixed-term, part-time, agency workers); however the possibility of a qualification period of maximum one year is maintained.
 
All matters regarding the income of workers during parental leave are left for member states and/or national social partners to determine.
 
The framework agreement on parental leave, on which the directive is based, was signed by the European social partners on June 18 2009. It revises an earlier agreement from 1995.
 
After the political agreement by the Council on November 30, the new directive will be formally adopted in the coming months, the EU said. Member states will then have two years to transpose the new rights into national law.
 
In Bulgaria, January 2 2009 saw a change to the Labour Code come into effect, providing for paternity leave of 15 calendar days counting from the date that the child is discharged from hospital.
 
Paternity leave in Bulgaria is paid at 90 per cent of earnings.
 
Under the Labour Code, the leave under for raising a child younger than two can, with the consent of the mother, be transferred to the father or one of their parents.
 
From January  2 2009, changed laws came into force that regulate the right of the father to paternity leave from the sixth until the 12th month of the child, with the mother’s consent.
 
When the mother of a child under the age of three dies or falls gravely ill and so is
unable to take care of the child, the respective part of the leave for, adoption and raising a small child, can be used by the father.
 
In turn, with his consent, this leave can be used by one of his parents or one of the parents of the dead or gravely ill mother of the child if he is employed on the basis of a labour contract.
 
A single father has the same rights regarding leave entitlement and duration.
 
In terms of the Labour Code, when both parents of a child younger than the age of two die, if the child is not placed in a children’s establishment, the respective part of the leave for
birth, adoption and raising a small child are used by the guardian or with his or her consent, by one of the parents of the mother or the father of the child.