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: Biljana Kotevska
• Pages: 32-44

32

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

(Directive 92/85, relevant provisions of Directives 2 006/54, 2010/18 and

2019/1158)89

5.1 General (legal) context

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

While surveys an d reports on workers and gender equality in the labo ur relation s area

have been published, they d o not seem to concern themselves with work-life balance

issues.

5.1.2 Other issues

A serious pending issue stems from employment cont racts concluded for a definite period

of time. The se contracts are concluded for an established duration, usually for one year,

and are automatically renewed until they have been terminated by one or both parties.

This has been used by employers to not renew an ending fixed-term contract with women

while they are on maternity leave. Employers will just notify the femal e worker that they

do not want to renew the contract. In this way, the worker is not fired, but her contract

has ‘merely’ expired and is not being renewed. Considering that this a frequent (if not the

most frequent) form of employment relations, it is a c ause for serious concern. The case

law on this matter is, at best, not settled (see case law discussed in Section 5.2.11).

5.1.3 Overview of national acts on work-life balance issues

The main regulation of work-life balance is done through the Law on Labour Relat ions. It

contains provisions regulating pregnancy and maternity leave and other matters in relation

to work-life balance. The relevant provisions are discussed in the relevant sections herein.

No steps hav e been undertaken yet to align the national legi slation with th e Work- Life

Balance directive.

5.1.4 Political and societal debate and pending legislative proposals

There are ongoing CSO-led initiatives on increasing access to leave for fathers and to

getting fathers more involved in the upb ringing of their children.90 Th e current rights

regarding maternity leave are not to be revised, so the length of leave and th e modalities

in relation to criteria for award and payments should remain unchanged. It is the leave for

the fathers which is to be changed. The current possibility for the fathers to use the leave

only if the mother is not using it, and having no mandatory l eave for f athers, should be

changed. This is the most recent proposal from the Reactor – Research in A ction, a think-

tank focusing on gender equality. This thin k-tank also included paternity and parenthood

leave as one of its four key demands for the new Labour Law, which i s currently in the

process of being drafted.91 The current Minister on Labour and Social Policy expressed

89 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.

90 Bashevska, M. and Malevska, T. (2017),     (Parental leave for all), Radio

Slobodna Evropa, available at: https://www.slobodnaevropa.mk/a/28617105.html.

91 Reactor – Research in Action,         ? (What should the

new Labour Law contain?), available at:

http:ккreactor.org.mkкCMSкFilesкPublicationsкDocumentsканланл.pdf.