In connection with the implementation of the provisions of Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU, some changes will be introduced in terms of entitlements related to the exercise of parental and caring roles by employees, while guaranteeing protection against unequal treatment in employment. The deadline for implementing the Directive expires on 2 August 2022.

The Directive establishes minimum standards aimed at achieving equality between women and men in terms of entry into employment and treatment in the workplace, as well as facilitating the work-life balance for working parents and carers.

The most relevant upcoming changes are summarised below in this article, including:

• the introduction of an individual right to parental leave for female and male employees.

The total length of this leave for both parents will be:

• up to 41 weeks (in the case of single birth),
• or up to 43 weeks (in the case of multiple births);
• the introduction of care leave of up to 5 days per calendar year to provide personal care or support to a relative or person living in the common household who requires major care or support on serious medical grounds;
• providing every employee with the right to time off work due to force majeure, as well as in urgent family matters caused by illness or accident, if the employee’s urgent presence is required;
• flexible work arrangements – another solution to increase the employee’s entitlements to adapt their work arrangements to their individual needs. Flexible work arrangements will be available to parents caring for a child up to the age of 8, as well as carers. In addition, rejection of a request for flexible working arrangements will require the employer to provide written justification;

Furthermore:

• the introduction of employee protection against any unfavourable treatment by the employer or negative consequences towards the employee due to their exercise of rights under the Labour Code. The protection will also apply to an employee who has provided any form of support to an employee exercising their rights under the Labour Code;
• moreover, the introduction of a ban on any preparations for the dismissal of employees during pregnancy and the period of maternity leave, as well as from the date of an employee’s application for: a part of maternity leave, leave on maternity leave conditions or a part thereof, paternity leave or a part thereof, parental leave or a part thereof and care leave or a part thereof as well as taking of such leave, and also due to the application for flexible work arrangement until the date of ending the work under the flexible work arrangement;
• the introduction of sanctions for breaches of the national law introduced in connection with the implementation of the Directive,
• the entitlements for the Government Plenipotentiary for Equal Treatment and the Ombudsman to take action in respect of any discrimination cases arising under the implemented Directive.