Work–life balance for parents and carer and equal opportunities in the directive (EU) 2019/1158

Abstract

This paper presents a critical analysis of the Directive (EU) 2019/1158, on work–life balance, based on relevant judgments on this subject and its future interpretation by the CJEU. The Directive introduces some important new points. It reinforces the connection between work–life balance and equal opportunities by the ground of gender and the anti–discrimination protection, it provides for individual rights related to leave from work –paternity, parental and care leave–, some of them paid leave, and it promotes the worker’s presence through flexible working arrangements. Some Member States will make substantial progress, but it may be insufficient in other States. The truly innovative approach should be given by the CJEU. It may require Member States to apply their measures in a gendered interpretation to comply with the Directive