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Family leave: enforcement of the protection against dismissal and unfavourable treatment

In January 2019, the Directorate-General for Justice & Consumers (DG JUST) of the European Commission released a new thematic report prepared by its network of legal experts in gender equality and non-discrimination.

This report, authored by Annick Masselot, focuses on gender equality and work-life balance. The European Commission adopted in 2017 a proposal for a Directive and a Communication to support work-life balance for working parents and carers, strengthening and expanding several legislative measures regarding parental leave and flexible work arrangements.

In the context of this new Commission initiative, this study aims to provide information on the enforcement of the protection against dismissal, discrimination and unfavourable treatment of pregnant workers and workers exercising their right to take family leave, including issues of compensation, reparation and sanctions, as well as the role of national equality bodies, in the 28 Member States and three EEA countries: Iceland, Liechtenstein and Norway.

It reviews the enforcement and potential obstacles/hindrances in practice of the rights relating to the protection against discrimination, unfavourable treatment and dismissal, highlighting the main experiences in Member States with such enforcement by judicial (courts) and equality bodies.

More information about the Work-life Balance Directive