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)

AuthorNicole Mathé
Pages16-24
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.

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