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: Davulis, Tomas
• Pages: 22-34

22

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)33

5.1 General (legal) context

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

No surveys and/or reports p roviding insights into difficulties that workers face in practice

in relation to work-life balance have been published in Lithuania over th e last five years.

5.1.2 Other issues

No other issues can currently be identified.

5.1.3 Overview of national acts on work-life balance issues

Work-life balance is regulated by the Labour Code. In accordance with Article 28(1) of the

Labour Code, employers mu st take measures to help employees fulfil their family

commitments. This means t hat, in the cases established by the Labour Cod e, requests

relating to implementation of family commitments submitted by employees shall be

considered and reasonably respond ed to in writing by employe rs. In addition, the Labour

Code explicitly requires that employees’ conduct and their actions at work shall be

assessed by their employers with a view to practically and effectively implementing the

principle of work-life balance. Other obligations on employer s to ensure a certain level of

protection are regulated in more detail by the Labour Code (see below) .

5.1.4 Political and societal debate and pending legislative proposals

Currently there is no significant d ebate with regard to work-lif e balance, except for t he

issue of child benefit. Following the example of Poland, Lithuania has abolished the income

tax relief and introduced the ‘children money’ allowance, which is granted without any

precondition upon r equest made by parents. Current political debate merely focusses on

the level of the allowance. These issues are quite well-accepted in Lithu anian’s post-

socialist society. The allowance also reduces the willingness of women to return to work

or encourages families to take such decisions.34 Because long and relatively well-finan ced

parental leave schemes are used overwhelmingly by women, the stereotype s of parental

roles and division of family-related obligations and work do not change.

5.2 Pregnancy and maternity protection

5.2.1 Definition in national law

Article 2(24) of the Law on the Safety and Health of Workers35 provides a definition of a

pregnant worker: a pregnan t worker i s a worker who has provided her employer with a

33 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.

34 See the report on the conclusions of a conference at the Parliament. Office of Equal Opportunities

Ombudsperson (2017), ‘Dabartin vaiko priežiros atostog tvarka neskatina gržti  darbo rink – j btina

keisti’ (Current parental leave stipulations do not encourage women to return to the labour market – it

needs to be changed), available in Lithuanian at: https://www.lygybe.lt/index.php/lt/dabartine-vaiko-

prieziuros-atostogu-tvarka-neskatina-grizti-i-darbo-rinka-ja-butina-keisti.

35 Valstybs žinios 2003, No. 70-3170.