The latest publication edited by the Network of legal experts in gender equality and non-discrimination is on Family leave

European network of legal experts in gender equality and non-discriminationFamily leave: enforcement of the protection against dismissal and unfavourable treatmentIncluding summaries in English, French and GermanJustice and Consumers EUROPEAN COMMISSIONDirectorate-General for Justice and Consumers Directorate D — Equality and Union citizenship Unit D.1 Non-discrimination and Roma coordinationUnit D.2 Gender EqualityEuropean CommissionB-1049 Brussels EUROPEAN COMMISSIONFamily leave: enforcement of the protection against dismissal and unfavourable treatmentAuthorsAnnick MasselotCoordinatorsSusanne BurriAlexandra TimmerNovember 2018Directorate-General for Justice and Consumers2018 Europe Direct is a service to help you find answers to your questions about the European Union.Freephone number (*):00 800 6 7 8 9 10 11(*) The information given is free, as are most calls (though some operators, phone boxes or hotels may charge you).LEGAL NOTICEThis document has been prepared for the European Commission; however, it reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein.More information on the European Union is available on the Internet (http://www.europa.eu).Luxembourg: Publications Office of the European Union, 2018ISBN 978-92-79-94193-1doi: 10.2838/312654Catalogue number DS-06-18-127-EN-C© European Union, 2018The text of this report was drafted by Annick Masselot, and coordinated by Susanne Burri, Alexandra Timmer and Franka van Hoof for the European network of legal experts in gender equality and non-discrimination. 3ContentsEXECUTIVE SUMMARY 7RÉSUMÉ 21ZUSAMMENFASSUNG 371 INTRODUCTION 521.1 Treaty provisions and the Charter of Fundamental Rights 551.2 The Pregnant Workers Directive (Directive 92/85/EEC) 561.3 The Recast Directive (Directive 2006/54/EC) 581.4 The Parental Leave Directive (Directive 2010/18/EU) 601.5 Structure and method of this report 612 ENFORCEMENT OF THE PROTECTION AGAINST DISCRIMINATION AND UNFAVOURABLE TREATMENT DUE TO THE TAKE-UP OF FAMILY-RELATED LEAVE AT NATIONAL LEVEL 622.1 Pregnancy and maternity leave 622.1.1 Legal implementation of the prohibition against discrimination and unfavourable treatment 622.1.2 Personal scope 632.1.3 Alarming disconnect between the law on paper and its application in reality 632.1.4 Recruitment, stereotypes and statistical discrimination 652.1.5 Lack of access to information and/or lack of awareness 662.1.6 The right to return to work following the period of maternity leave 682.1.7 Sexual harassment and bullying 692.1.8 Victimisation and the fear of victimisation 692.1.9 The potential clash between the prohibition of discrimination grounded on maternity and the obligation to protect pregnant employees against health risks 692.1.10 Maintenance of payment during maternity is complex and ill-enforced 702.1.11 Difficulties in relation to the application of the concept of indirect discrimination 722.1.12 Difficulties in relation to the reversal of the burden of proof 722.1.13 Remedies and sanctions 732.1.14 Breastfeeding 742.2 Parental leave and adoption leave 762.2.1 Legal implementation of the prohibition against discrimination and unfavourable treatment 762.2.2 Personal scope 772.2.3 The period of parental leave counts as service time 782.2.4 Payment during parental leave 792.2.5 Right to return to the same job 802.2.6 Flexibility of parental leave 802.2.7 Enforcement in courts 822.2.8 Sanctions and remedies 822.2.9 The gender effect of parental leave 832.2.10 Impact on employers 842.2.11 Adoption leave 842.2.12 Time off from work on grounds of force majeure 852.3 Paternity leave 852.3.1 Personal scope of the right to paternity leave 852.3.2 Material scope of the right to paternity leave 872.3.3 Protection against discrimination, unfavourable treatment and dismissal 902.3.4 Judicial enforcement 902.3.5 Gender impact of paternity leave 90 42.4 Carers’ leave 922.4.1 Personal scope of the right to carers’ leave 922.4.2 Material scope of the right to carers’ leave 932.4.3 Difficulties in the enforcement of the prohibition of discrimination and/or unfavourable treatment due to the take-up of carers’ leave 962.4.4 The gender impact of carers’ leave 972.5 Self-employed persons (Directive 2010/41/EU) 972.5.1 Personal scope 982.5.2 Maternity allowance 982.5.3 Services supplying temporary replacements or relevant national social services 992.5.4 Difficulties in the enforcement of the m