Pregnancy, maternity, and leave related to work-life balance for workers (Directive 92/85, relevant provisions of Directives 2006/54, 2010/18 and 2019/1158)

• Author: Kristīne Dupate
• Pages: 28-44

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5 Pregnancy, maternity, and leave related to work-life balance for workers

(Directive 92/85, relevant provisio ns of D irectives 2006/54, 2010/18 and

2019/1158)102

5.1 General (legal) context

5.1.1 Surveys and reports on the practical difficulties lin ked to work-life balance

There are no specific surveys and reports carried out in recent years about general

difficulties linked with work-life balance. However, the main issues are under discussion

and there are several projects in place trying to eliminate obstacles. In 2018, the Ministry

of Welfare carried out a project on the provision of flexible childcare facilities fo r parents

employed under non-standard working time conditions. Specific res earch was carried out

to identify problems of parents in n on-standard working time employment and the need

for specific childca re arrangements, as well as proposals for legislative amendments and

policy measures t o be undertaken.103 The main finding is that access to such childcare

facilities allows better organisation of family life and in the long term, higher satisfaction

with life. At the same time, it was i dentified th at private employers are very willing to

implement and support such childcare services.

As already mentioned (Section 4.1.2), there is also a national level survey on the

compliance with the principle of non-discrimination with regard to employed pa rents of

young children, carried out by the Ombudsperson in 2017.104 The main conclusions ar e

that the employers in general do not choose the employees accordin g to their sex and

they tend to provide all the rights connected with pregnancy/maternity and parenthood.

However, the employees still point out the fact that they are asked in job interviews about

family status, and that employers are not satisf ied with too frequent a use of sick leave

due to the illness of a child.

5.1.2 Other issues

In general, in comparison to other EU Member States, Latvia provides longer parental

leave and allowance in the amount of average pay. The access to kindergartens is also

considered to be good. The only problem which requires solutions is the relatively low

involvement of men in childcare and household work – for example, the right to parental

leave is still predominantly used by women.

5.1.3 Overview of national acts on work-life balance issues

The main legal act in the field of employment implementing rights relating to work-life

balance is the Labour Law. It provides specific protection during pregnancy/maternity and

with regard to the right to paternity leave, as well as with regard to parental leave.

Guarantees of safe and heal thy working conditions during pregnancy and maternity are

102 See Masselot, A. (2018), Family leave: enforcement of the protection against dismissal and unfavourable

treatment, European network of legal experts in gender equality and non-discrimination, available at:

https://www.equalitylaw.eu/downloads/4808-family-leave-enforcement-of-the-protection-against-

dismissal-and-unfavourable-treatment-pdf-962-kb and McColgan, A. (2015), Measures to address the

challenges of work-life balance in the EU Member States, Iceland, Liechtenstein and Norway, European

network of legal experts in gender equality and non-discrimination, available at:

https://www.equalitylaw.eu/downloads/3631-reconciliation.

103 Projektu un kvalittes vadba, gala ziojums ‘Elastga brnu uzraudzbas pakalpojuma nodrošinšana

darbiniekiem, kas strd nestandarta darba laiku’, 2018, available in Latvian at:

http://petijumi.mk.gov.lv/sites/default/files/title_file/LM_2018_Petijuma_gala_zin_Projekta_Elastiga_bernu

_uzraudz_pakalp_nodrosinasana.pdf.

104 LR Tiesbsargs, ptjums ‘Diskrimincijas aizlieguma ievrošana pret mazu brnu veckiem’, 2017 available

in Latvian at:

http://www.tiesibsargs.lv/uploads/content/legacy/diskriminacijas_aizlieguma_principa_ieverosana_darba_ti

esiskajas_attiecibas_pret_mazu_bernu_vecakiem_1507559839.pdf.

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provided also by the Labour Pr otection Law.105 The right to statut ory social insurance

allowances during pregna ncy/maternity, paternity and parental leave is regulated by the

Law on Maternity and Sicknes s Insurance.106 The guarantees of retention of statutory

social insurance status and acquisition of rights (particularly to the old-age pension) during

such periods of leave are regulated by the Law on Statutory Social Insu rance.107

5.1.4 Political and societal debate and pending legislative proposals

Currently there are no pending political, societal debates or pending legislative proposals

on the work-life balance issues, although politicians keep talking on an almost daily basis

about the urgent n eed to increase the birth rate. It seems that politicians refuse to see

the direct link between improvement of work-life balance and an increase in the birth rate.

5.2 Pregnancy and maternity protection

5.2.1 Definition in national law

There is a formal definition in national law on the conditions under which a pregnant

worker, or a worker during the maternity period, is entitled to specific rights. For the

purposes of Directive 92/85, Article 37(7) of the Labour Law defines what a pregnant

worker has to do in order to obtain protection under the Directive, and what period shall

be considered for the maternity protection:

‘An employer, after receipt of a doctor’s opinion, is prohibited from employing

pregnant women and women for a period following childbirth not exceeding one year,

but if the woman is breastfe eding, during the whole period of breastfeeding, if it is

considered that performance of the relevant wo rk poses a threat to th e safety and

health of the woman or her child.’

In principle, the Latvian definition complies with the definition provided by Directive

92/85/EEC. However, the lack of an explicit link between pregnancy/maternity protection

and non-discrimination provisions may ‘cause’ a problem, i.e. t he definition provided by

Article 37(7) does not demonstrate an explicit link with other provisions of the Labour Law

stipulating other obligations with regard to p rotection of workers during pregnancy and

maternity.

5.2.2 Obligation to inform employer

The law doe s not formally oblige a pregnant worker, or a worker during the mate rnity

period, to inform the employer about her condition. However, if she wants to enjoy specific

rights, then the obligation to inform an employer follows from Article 37(7) of the Labour

Law.

5.2.3 Case law on the definition of a pr egnant worker, a worker who has recently given

birth and/or a worker who is breastfeeding

There is no case law dealing with t he definition of a pregnant worker, a worke r who has

recently given birth and/or a worker who is breastfeeding.

5.2.4 Implementation of protective measures (Articles 4-6 of Directive 92/85)

Articles 4-6 of Directive 92/85/EEC are implemented by the followin g provisions:

105 Darba aizsardzbas likums, Official Gazette No. 105, 6 July 2001.

106 The Law on Maternity and Sickness Insurance (Likums Par maternitates un slimbas apdrošinšanu), Official

Gazette No. 182, 23 November 1995.

107 Likums par valsts socilo apdrošinšanu, No. 274/276, 21 October 1997.