A Father’s Entitlement to Paternity and Parental Leave in Lithuania: Necessary Legislative Changes Following the Adoption of the Directive on Work–Life Balance

2021 ◽  
Vol 46 (2) ◽  
pp. 179-202
Author(s):  
Ingrida Mačernytė-Panomariovienė ◽  
Rytis Krasauskas
Keyword(s):  
Parental Leave ◽  
Work Life ◽  
Work Life Balance ◽  
Good Work ◽  
Equal Opportunities ◽  
The European Union ◽  
Life Balance ◽  
Eu Directive ◽  
Flexible Working ◽  
Legislative Changes

Abstract There is a great deal of legislation that has been adopted by the European Union which, in one way or another, aims at ensuring equal opportunities and a good work–life balance. One specific issue in this area relates to childcare leave. In practice, providing for equal opportunities has meant enabling women to integrate into the labor market, to advance their careers, and to have more guarantees and rights at work. In reality, thus far these measures have not been effective enough. The new Directive (EU) 2019/1158 on work–life balance for parents and carers, adopted on 20 June 2019, seeks to increase the take-up of family-related leave and flexible working arrangements by men (fathers). The purpose of this article is to assess what effects this new EU directive will have upon Lithuanian law in this area.

5. The work–life balance legislation

2019 ◽  
pp. 351-419
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Family Life ◽  
Parental Leave ◽  
Gender Norms ◽  
Work Life ◽  
Work Life Balance ◽  
Central Theme ◽  
Life Balance ◽  
Flexible Working ◽  
Rest Breaks ◽  
Balance Problems

This chapter addresses a number of legislative regimes creating rights that affect the balance between work and life outside of work. Specifically, the discussion focuses on rights to a guaranteed minimum wage; to rest breaks, paid leave, and a maximum 48-hour working week; to maternity, paternity, adoption, and other parental leave; and to request flexible working arrangements. Although not all of these rights can claim work–life balance as their original policy driver, they have come to be seen as representing a loosely coherent programme for ensuring that the process of earning a living does not preclude any worker from enjoying other aspects of life, especially family life. The chapter considers, singly, each of these work–life rights, and the policies and legislation behind them. Gender inequality forms a central theme of the chapter, noting that many work–life balance problems flow from unequal gender norms in the home, and that legislation should be judged according to how forthrightly it tackles these inequalities.

9. Work–Life Balance

2020 ◽  
pp. 309-346
Author(s):  
David Cabrelli
Keyword(s):  
Maternity Leave ◽  
Parental Leave ◽  
Work Life ◽  
Work Life Balance ◽  
Family Responsibilities ◽  
Life Balance ◽  
Flexible Working ◽  
Personal Services ◽  
Family Friendly ◽  
Employment Rights

This chapter analyses the statutory employment ‘family-friendly’ rights contained in the Employment Rights Act 1996 and the subordinate legislation which has a bearing on the work–life balance of employees, workers, and other individuals providing personal services. These include the protection of pregnant workers, and the statutory arrangements for maternity leave and maternity pay. It also examines family-friendly measures which seek to achieve a more equal division of family responsibilities between couples, such as the statutory rights to shared parental leave, paternity leave, adoption leave, and parental leave, as well as the rights to request flexible working and to take time off work to deal with dependants.

5. The work–life balance legislation

2019 ◽  
pp. 366-429
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Parental Leave ◽  
Working Hours ◽  
Work Life ◽  
Work Life Balance ◽  
Life Balance ◽  
Flexible Working ◽  
The Law ◽  
The Right ◽  
Rest Breaks ◽  
Balance Problems

This chapter addresses a number of legislative regimes creating rights that affect the balance between work and life outside of work. Specifically, the discussion focuses on the controls over working hours and rest breaks and the right to paid annual leave in the Working Time Regulations; the law on maternity, adoption, paternity, shared parental and other parental leave; and the right to request flexible working arrangements. Although not all of these rights can claim work–life balance as their original policy driver, they have come to be seen as representing a loosely coherent programme for ensuring that the process of earning a living does not preclude any worker from enjoying other aspects of life, especially family life. The chapter considers, singly, each of these work–life rights, and the policies and legislation behind them and assesses whether the law delivers effective and useful rights. Gender inequality forms a central theme of the chapter, noting that many work–life balance problems flow from unequal gender norms in the home.

9. Work–Life Balance

2018 ◽  
Author(s):  
David Cabrelli
Keyword(s):  
Maternity Leave ◽  
Parental Leave ◽  
Work Life ◽  
Work Life Balance ◽  
Family Responsibilities ◽  
Life Balance ◽  
Flexible Working ◽  
Family Friendly ◽  
The Right ◽  
Employment Rights

This chapter analyses the statutory employment ‘family-friendly’ rights contained in the Employment Rights Act 1996 and the subordinate legislation which has a bearing on the work–life balance of employees, workers, and other individuals providing personal services. These include the protection of pregnant workers, and the statutory arrangements for maternity leave and maternity pay. It also examines family-friendly measures which seek to achieve a more equal division of family responsibilities between couples, such as the statutory rights to shared parental leave, paternity leave, adoption leave, and parental leave, as well as the right to request flexible working and right to take time off work to deal with dependants.

5. The Regulation of Terms and Conditions At Work

2017 ◽  
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Family Life ◽  
Parental Leave ◽  
Gender Norms ◽  
Work Life ◽  
Work Life Balance ◽  
Central Theme ◽  
Life Balance ◽  
Flexible Working ◽  
Rest Breaks ◽  
Balance Problems

This chapter addresses a number of legislative regimes creating rights that affect the balance between work and life outside of work. Specifically, the discussion focuses on rights to a guaranteed minimum wage; to rest breaks, paid leave, and a maximum 48-hour working week; to maternity, paternity, adoption, and other parental leave; and to request flexible working arrangements. Although not all of these rights can claim work–life balance as their original policy driver, they have come to be seen as representing a loosely coherent programme for ensuring that the process of earning a living does not preclude any worker from enjoying other aspects of life, especially family life. The chapter considers, singly, each of these work–life rights, and the policies and legislation behind them. Gender inequality forms a central theme of the chapter, noting that many work–life balance problems flow from unequal gender norms in the home, and that legislation should be judged according to how forthrightly it tackles these inequalities.

scholarly journals The right to request flexible working arrangements under the Work-life Balance Directive – A comparative perspective

2021 ◽  
pp. 203195252110382
Author(s):  
Lisa Waddington ◽  
Mark Bell
Keyword(s):  
Parental Leave ◽  
Work And Family ◽  
Work Life ◽  
Work Life Balance ◽  
Full Potential ◽  
Life Balance ◽  
Legal Provisions ◽  
Flexible Working ◽  
Time Work ◽  
The Right

The 2019 Work-life Balance Directive creates a new right for parents and carers to request flexible working arrangements for caring purposes. The significance of this innovation has been heightened by the pandemic because it includes the right to request remote working arrangements. This article undertakes a contextual and comparative analysis in order to understand better the strengths, limitations and opportunities created by the Directive. It compares the right to request flexible working arrangements to provisions found in existing Directives on parental leave and part-time work, as well as protections that may be derived from EU equality law. It looks also at examples of existing legislation in two jurisdictions, the Netherlands and Australia, in order to illustrate the options available to Member States when they implement this right within domestic law. The article concludes that the full potential of this right can only be understood when it is viewed as part of a wider range of legal provisions that assist in the reconciliation of work and family life.

REFLECTIONS ON WORK-LIFE BALANCE FOR PARENTS AND GUARDIANS IN THE LIGHT OF DIRECTIVE (EU) 2019/1158 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 189-207
Author(s):  
Justyna Czerniak-Swędzioł ◽  
Ewelina Kumor-Jezierska
Keyword(s):  
Parental Leave ◽  
European Parliament ◽  
Work And Family ◽  
Work Life ◽  
Work Life Balance ◽  
Life Balance ◽  
Council Directive ◽  
Flexible Working ◽  
Minimum Requirements ◽  
Market Opportunities

In this article the authors submit thorough analysis a new Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers as well as the repealing Council Directive 2010/18/EU that entered into force on August 1, 2019, paying special attention to adjusting domestic regulations to it. The solutions adopted in this Directive lay down minimum requirements designed to achieve equality between men and women regarding labour market opportunities and treatment at work, by facilitating the reconciliation of work and family life for workers who are parents, or carers. To that end, this Directive 2019/1158 provides for individual rights related to the following: paternity leave, parental leave and carers’ leave, flexible working arrangements for workers who are parents, or carers.

A Gender Equalizing Regulatory Welfare State? Enacting the EU’s Work-Life Balance Directive in Denmark and Poland

2020 ◽  
Vol 691 (1) ◽  
pp. 84-103
Author(s):  
Caroline De La Porte ◽  
Trine P. Larsen ◽  
Dorota Szelewa
Keyword(s):  
Welfare State ◽  
Parental Leave ◽  
Work Life ◽  
Work Life Balance ◽  
The European Union ◽  
Life Balance ◽  
Institutional Settings ◽  
Regulatory Instruments ◽  
Paid Parental Leave ◽  
Regulatory Decisions

This article examines the implementation of the European Union’s (EU) work-life balance directive in Denmark and Poland through examining the earmarking of paid parental leave. This enables us to assess whether the EU could be emerging as a gender equalizing regulatory welfare state (RWS). Our analysis points to tensions arising when regulatory decisions are made at a higher level of governance but require implementation and funding at lower levels of governance. In both countries, there are similar parental leave schemes ex-ante, and major actors had similar initial stances on parental leave, favoring stagnation. Yet the plans to implement show how the actors’ positions changed, and the likely result is extended parental leave, with payment (known as double expansion) and more gender-equal participation (degenderization) in parental leave. Although in two different institutional settings, the similar outcome suggests that these changes are due to the European Union acting as an emerging RWS, which influences Member States’ regulatory instruments with fiscal elements.

Work-Life Balance in Italy pre-, during and post-COVID-19

2021 ◽  
Vol 28 (1) ◽  
pp. 37-46
Author(s):  
Olga Rymkevich
Keyword(s):  
Parental Leave ◽  
Domestic Workers ◽  
Legal Framework ◽  
Work Life ◽  
Work Life Balance ◽  
Organizational Changes ◽  
Labour Law ◽  
Life Balance ◽  
The Impact ◽  
Legislative Measures

The COVID-19 pandemic is bringing immense pressure to bear on labour law and social security institutions in all countries of the world, while having a major impact on work-life balance. The total lockdown, also of schools and higher education, the unprecedented fall in the level of production, the reduced possibility of relying on other family members, friends and domestic workers, traditionally constituting the essential pillars of formal and informal caring, in addition to working from home with children doing their schooling online (in large part on the parents’ shoulders) have compelled families to face new and abrupt organizational changes. The aim of this article is to investigate the legislative measures such as parental leave (ordinary and emergency) adopted in Italy aimed at supporting families during the pandemic, with a view to assessing their effectiveness and the impact on the Italian labour market during and after the pandemic. For this purpose, the socio-economic and legal framework dealing with parental leave before the COVID-19 emergency will be outlined, followed an the analysis of the emergency measures to provide support for parents, concluding with some reflections on possible future developments.

scholarly journals Gender, Flexibility Stigma and the Perceived Negative Consequences of Flexible Working in the UK

2018 ◽  
Vol 151 (2) ◽  
pp. 521-545 ◽  
Author(s):  
Heejung Chung
Keyword(s):  
Gender Differences ◽  
Work Life ◽  
Working Time ◽  
Work Life Balance ◽  
Negative Consequences ◽  
Life Balance ◽  
Flexible Working ◽  
Part Time ◽  
Negative Perceptions ◽  
The Uk

AbstractThis study examines the prevalence and the gender differences in the perceptions and experiences of flexibility stigma—i.e., the belief that workers who use flexible working arrangements for care purposes are less productive and less committed to the workplace. This is done by using the 4th wave of the Work-Life Balance Survey conducted in 2011 in the UK. The results show that 35% of all workers agree to the statement that those who work flexibly generate more work for others, and 32% believe that those who work flexibly have lower chances for promotion. Although at first glance, men are more likely to agree to both, once other factors are controlled for, women especially mothers are more likely to agree to the latter statement. Similarly, men are more likely to say they experienced negative outcomes due to co-workers working flexibly, while again mothers are more likely to say they experienced negative career consequences due to their own flexible working. The use of working time reducing arrangements, such as part-time, is a major reason why people experience negative career outcomes, and can partially explain why mothers are more likely to suffer from such outcomes when working flexibly. However, this relationship could be reverse, namely, the stigma towards part-time workers may be due to negative perceptions society hold towards mothers’ commitment to work and their productivity. In sum, this paper shows that flexibility stigma is gendered, in that men are more likely to discriminate against flexible workers, while women, especially mothers, are more likely to suffer from such discrimination.

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