Leave and flexible working

In addition to basic annual leave entitlements, EU rules on work-life balance rights establish minimum standards for paternity, parental and carers’ leave, collectively called family leave. These rules also include additional rights, such as the right to request flexible working arrangements and the right to time off work on the grounds of force majeure (for example, for urgent family reasons, such as an accident or illness of a close family member).

As an employer, you should know these basic rules. Regardless of the type of contract, all employees are entitled to request family leave. This includes parental leave, paternity leave, carer’s leave, and maternity leave. You cannot dismiss a staff member because they request/take family leave or treat them less favourably than staff members who do not.

Annual leave

All employees are entitled to at least 4 weeks paid holiday per year (known as annual or statutory leave). You cannot replace annual leave by an allowance in lieu, unless the employee’s contract has ended before all their annual leave has been taken.

Parental leave

All employees (regardless of gender) are entitled to parental leave on the birth or adoption  of a child - regardless of their type of contract  (part-time, full-time, etc.).

Both parents are entitled to at least 4 months of leave each, of which at least 2 months are paid (in accordance with national rules) and are non-transferable. Some countries allow one parent to transfer part (2 months maximum) of their leave entitlement to the other parent. This means that at least 2 months of parental leave are available to each parent exclusively and cannot be transferred.

Warning

Under EU rules, staff can take parental leave at any time until the child is 8 years old. However, this age limit may be lower in some countries, under national law.

Paternity leave

Fathers or, where recognised by national law, equivalent second parents, have the right to 10 working days of paternity leave on the birth of a child. EU countries can define if paternity leave can be taken partly before or only after the birth of the child and if it can be taken in flexible ways or not.

As an employer, you cannot limit this right based on the period of work or the length of service. You must grant paternity leave in line with national rules irrespective of the worker's marital or family status.

Maternity leave

An employee who is pregnant, has recently given birth or has adopted a child has the right to a continuous period of maternity leave of at least 14 weeks allocated before and/or after the birth or adoption in accordance with national legislation. Your employee must take at least 2 of those 14 weeks (those two weeks are defined as “compulsory maternity leave). Some EU countries have longer compulsory maternity leave periods. You cannot dismiss an employee during their pregnancy or while they are on maternity leave.

Carers' leave

All employees are entitled to carers' leave of at least 5 working days per year. This type of leave can be used to take care of a relative or a person living in the same household, who needs significant care or support for a serious medical reason, as defined by each EU country in line with national rules.

Time off work for urgent family reasons (force majeure)

All employees have the right to take time off on the grounds of force majeure for urgent family reasons. For example, if a family member falls ill or has an accident. EU countries can limit this right to a certain number of days per year or by incident or both.

Employment rights when returning from leave

When an employee returns from parental, paternity or carers leave, he/she is entitled to return to the same job. If that's not possible, you must offer them a similar job in line with their employment contract with the same terms and conditions. On their return to work, employees are also entitled to benefit from any improvements in working conditions which were introduced during their absence.

Flexible working arrangements

Employees with children up to (at least) the age of 8 have the right to request a temporary flexible working arrangement. This can include remote working, a flexible working schedule, or reduced working hours. You must give any requests for flexible working arrangements due consideration and provide reasons for any refusals. EU countries can limit the duration of flexible working arrangements.

Get access to national information below.

See also:

See also

EU legislation

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Last checked: 29/08/2024
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