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: Nicole Mathé
• Pages: 16-24

16

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

(Directive 92/85, relevant provisions of Direct ives 2006/54, 2010/18 and

2019/1158)8

5.1 General (legal) context

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

In Liechten stein, a report has recently been published that provides some insigh ts into

difficulties th at workers face in pra ctice in relation to work-life balance issues.9 For the

first time, a family survey of 2018 provides information about all fa milies with children

under 12 years of age concerning the distribution of unpaid care work between women

and men, including differntiation between paid and unpaid care work. The su rvey showed

that care work is still a part of the gender identity of women in Liechtenstein and that

families still adhere to the mainly gender-based distribution o f care work, in spite of

women’s increased chances for employment and training.

5.1.2 Other issues

In Liechtenstein many more women than men w ork part-time if they have family

responsibilities. Family structures are still following gender stereotypical behavioural

patterns. If leave is used, it is taken mainly by women to look afte r children or elderly

family members in need of care. Often women do not even take family leave but interrupt

their professional careers to dedicate several years to unpaid family work and restart again

in part-time jobs on lower levels than they left before.

5.1.3 Overview of national acts on work-life balance issues

There are national acts that contain provisions on work-life balance issues, in the

amendment of the Civil Code in Paragraph 1173(a) Article 34(a) to 34(c) ABGB concerning

parental leave.

5.1.4 Political and societal debate and pending legislative proposals

There has been very little political and societal debate and there are no pending legislative

proposals on work-life balance.

5.2 Pregnancy and maternity protection

5.2.1 Definition in national law

The law does not include a definition of a pregnant worker.

5.2.2 Obligation to inform employer

There is n o specific obligation in law to inform the employer at a specific moment about

the pregnancy. According to Paragraph 1173( a) Article 49(1)(b) ABGB, the employer is

not allowed to dismiss an employee during her pregnancy and up to 16 weeks after

8 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.

9 See Märk-Rohrer, L. (2020), Sorge tragen Care-Arbeit, Wohlfahrtsstaat und Geschlechterverhältnisse in

Liechtenstein, Arbeitspapiere Liechtenstein-Institut No. 64 (2020), available at

http://dx.doi.org/10.13091/li-ap-64.