Quick Answer: What Does the EU Parental Leave Directive Require?
The Work-Life Balance Directive (Directive (EU) 2019/1158) replaced the previous Parental Leave Directive (2010/18/EU) and significantly expanded family-related leave rights across the EU. Member states were required to transpose it into national law by 2 August 2022.
| Right | Minimum Entitlement |
|---|---|
| Parental leave | 4 months per parent, per child (2 months non-transferable) |
| Paternity leave | 10 working days around the time of birth |
| Carers' leave | 5 working days per year |
| Flexible working | Right to request for parents (children up to age 8) and carers |
| Protection | Against dismissal and unfavourable treatment for exercising rights |
Parental Leave: 4 Months Per Parent
The Core Entitlement
Article 5 establishes that each parent is entitled to 4 months of parental leave per child, to be taken before the child reaches a specified age (set by member states, up to age 8). The key innovation of the 2019 directive is that 2 of the 4 months are non-transferable between parents.
This "use-it-or-lose-it" provision is designed to encourage fathers to take parental leave. Under the previous directive, the full entitlement could be transferred, meaning in practice most leave was taken by mothers.
Payment During Parental Leave
The directive requires member states to set the level of payment or allowance for the 2 non-transferable months at a level that facilitates the take-up of parental leave by both parents (Article 8). It does not mandate full pay but states that the level must not be so low as to discourage fathers from using the leave.
Country Implementation
| Country | Parental Leave Duration | Payment Level | Age Limit |
|---|---|---|---|
| Germany | Up to 3 years per parent (Elternzeit) | Elterngeld: 67% of net income for 12 months (up to EUR 1,800/month); 14 months if both parents take at least 2 months | Age 8 |
| France | Up to 3 years per parent (conge parental d'education) | EUR 428.71/month (PreParE) for full cessation | Age 3 |
| Sweden | 480 days shared between parents (90 days reserved per parent) | 80% of salary for 390 days (capped); flat rate for remaining 90 days | Age 12 |
| Netherlands | 26 weeks per parent (9 weeks at 70% UWV benefit since August 2022) | 70% of daily wage (capped) for first 9 weeks in year 1; remainder unpaid | Age 8 |
| Spain | 16 weeks per parent (fully individual, non-transferable) | 100% of regulatory base (paid by social security) | Age 12 months for initial 16 weeks; additional leave unpaid up to age 3 |
| Denmark | 24 weeks each parent (11 weeks non-transferable per parent under new 2022 rules) | Dagpenge (daily allowance) capped at approximately DKK 4,550/week | Age 9 |
| Italy | 10 months total (extendable to 11 if father takes 3+ months) | 30% of salary for up to 9 months combined | Age 12 |
| Poland | 41 weeks (1 child) or 43 weeks (multiple birth) shared; plus 32/34 weeks parental leave | 70-100% depending on declaration timing | Age 6 |
Paternity Leave: 10 Working Days
The Entitlement
Article 4 establishes a minimum of 10 working days of paternity leave to be taken around the time of birth. This was a new EU-wide right -- the previous directive did not address paternity leave at all.
Key provisions:
- Must be available around the time of birth (member states set the exact window)
- Cannot be made conditional on a period of prior work or length of service
- Payment must be at least equal to national sick pay level
- Applies equally to same-sex couples where recognised under national law
Country Comparison
| Country | Paternity Leave | Payment |
|---|---|---|
| France | 25 calendar days (+ 3 days birth leave from employer) | 100% of daily wage (capped by social security) |
| Spain | 16 weeks (equal to maternity leave since 2021) | 100% of regulatory base |
| Sweden | Included in the 480-day shared parental leave | 80% of salary (capped) |
| Germany | No specific paternity leave (uses Elternzeit) | Elterngeld at 67% for partner months |
| Netherlands | 5 days full pay + 5 weeks at 70% UWV benefit | Employer-paid (week 1), 70% UWV (weeks 2-6) |
| Italy | 10 working days (obligatory since 2022, made permanent 2023) | 100% of daily pay (paid by INPS) |
| Denmark | 2 weeks reserved for father/co-parent (within first 2 weeks after birth) | Dagpenge rate |
| Poland | 2 weeks | 100% of average salary |
| Belgium | 20 days (increased from 15 in 2023) | 100% for first 3 days; 82% for remainder (capped) |
Carers' Leave: 5 Working Days Per Year
A New EU-Wide Right
Article 6 introduced carers' leave for the first time at EU level: a minimum of 5 working days per year for workers who need to provide personal care or support to a relative or household member with a serious medical condition.
- "Relative" includes at minimum: son, daughter, mother, father, spouse or equivalent partner
- Member states may require medical certification
- The directive does not mandate payment, but member states may choose to provide it
Country Variations
| Country | Carers' Leave | Paid? |
|---|---|---|
| Belgium | 5 days per year | Paid (flat-rate allowance) |
| Ireland | 5 days per year (Carer's Leave Act 2023) | Unpaid (existing Carer's Benefit separate) |
| Netherlands | Short-term care leave: 2 weeks per year at 70% pay | Yes, 70% |
| Germany | 10 days per year (Pflegezeit for acute care) | Paid via care allowance (Pflegeunterstutzungsgeld) |
| France | 3 months conge de proche aidant (renewable up to 1 year) | Daily allowance (AJPA) of approximately EUR 64/day |
| Spain | 5 days per year for serious illness of cohabitant (Article 37.3.b ET) | Paid by employer |
Right to Request Flexible Working
The Directive's Approach
Article 9 gives parents of children up to age 8 and carers the right to request flexible working arrangements, including:
- Remote working
- Flexible schedules
- Reduced working hours
Employers must consider and respond to requests within a reasonable timeframe and must provide reasons in writing for any refusal. Refusal must be justified by reference to the needs of the employer.
How This Compares to Existing National Rights
Many member states already had flexible working rights that meet or exceed the directive:
- Netherlands: The Flexible Working Act (Wet flexibel werken) gives all employees with 26+ weeks of service the right to request changes to hours, schedule, and place of work
- Germany: Part-Time and Fixed-Term Employment Act (TzBfG) gives employees in businesses with 15+ staff the right to request reduced hours; the Bruckenteilzeit (2019) adds a right to temporary part-time with return to full-time
- France: Various collective agreements and the right to telework established by ordinance in 2017
- UK (pre-Brexit): Right to request flexible working extended to all employees with 26 weeks of service (from day one since April 2024 under the Employment Relations (Flexible Working) Act 2023)
Protection Against Dismissal and Detriment
Anti-Retaliation Provisions
Article 11 prohibits employers from dismissing or subjecting workers to any unfavourable treatment for:
- Applying for or taking parental leave, paternity leave, or carers' leave
- Exercising the right to request flexible working
- Being absent on family-related leave
Article 12 ensures that workers returning from family-related leave are entitled to return to the same or an equivalent post on terms no less favourable, and to benefit from any improvement in working conditions to which they would have been entitled during their absence.
Burden of Proof
Article 13 requires that where a worker establishes facts that suggest they have been dismissed or treated unfavourably because of exercising rights under the directive, the burden shifts to the employer to prove that the dismissal or treatment was based on other grounds.
How Grove HR Supports Parental Leave Compliance
Grove HR helps employers manage family-related leave across EU member states:
- Country-specific leave types pre-configured for parental, paternity, and carers' leave in each jurisdiction
- Non-transferable leave tracking that ensures the use-it-or-lose-it months are correctly allocated per parent
- Flexible working request workflow with documented employer responses and reasons
- Return-to-work tracking ensuring employees return to equivalent roles
- Audit trail documenting all leave decisions for compliance evidence
- Multi-country dashboards showing leave utilisation across jurisdictions
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Rachel Richardson
Head of Growth & Marketing, Grove HR
Rachel leads growth and marketing at Grove HR, with over a decade of experience in UK HR technology. She writes practical guides to help small businesses navigate employment law and build better workplaces.
Frequently Asked Questions
How much parental leave does the EU require?
The Work-Life Balance Directive (2019/1158) entitles each parent to 4 months of parental leave per child, with 2 months non-transferable between parents. This use-it-or-lose-it provision is designed to encourage both parents to take leave. Member states set the age limit (up to 8 years) and payment levels.
Is paternity leave mandatory across the EU?
Yes. The directive establishes a minimum of 10 working days of paternity leave around the time of birth, paid at least at the national sick pay level. Some countries exceed this significantly: Spain provides 16 weeks at 100% pay, and France offers 25 calendar days plus 3 days birth leave.
What is carers leave under EU law?
Carers leave is a minimum of 5 working days per year for workers who need to provide care to a relative or household member with a serious medical condition. It was introduced for the first time at EU level by the Work-Life Balance Directive (2019/1158). Payment is at member state discretion.
Can employees request flexible working under EU law?
The directive gives parents of children up to age 8 and carers the right to request flexible working including remote work, flexible schedules, and reduced hours. Employers must respond in writing within a reasonable time and justify any refusal by reference to business needs.
What happens if an employer dismisses someone for taking parental leave?
The directive prohibits dismissal or unfavourable treatment for exercising family leave rights. If a worker establishes facts suggesting they were treated unfavourably, the burden of proof shifts to the employer to demonstrate the treatment was based on other grounds. Workers must be able to return to the same or equivalent post.
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