
The European Commission’s recently published proposals to amend the Pregnant Workers Directive (92/85/EEC) will have minimal impact in the UK. The maternity provisions in the UK are already more generous than most of those proposed by the European Commission. It is only in minor areas that changes may be made; for example, the period of compulsory leave may be increased from two to six weeks, to be taken immediately after childbirth.
The European Commission’s proposal to repeal and replace the Equal Treatment of Self Employed Workers Directive (86/613/EEC) may be more significant, as it provides equivalent access to maternity leave for self-employed women as for employees. However, this is only on a request basis. Other aspects, such as the provision of replacement services during a self-employed worker’s maternity leave, require greater clarification before effective implementation.
These proposals now need to be discussed and agreed by the European Parliament and Member States, so any UK legislative change is unlikely to happen for some time.
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