The legal framework
Directive (EU) 2019/1158, to be transposed by 2 August 2022, sets a minimum: at least ten working days of paid paternity leave at birth, four months of parental leave per parent of which two months are non-transferable and paid, five days a year of carers' leave, and a right to request flexible working until the child is eight. It says nothing about the organisation of childcare itself, which remains national and often local.
The non-transferability of two months of parental leave is the decisive design feature: it exists so that fathers take them, since they are lost otherwise.
The Directive says nothing about nurseries or childminders: the supply, funding and pricing of childcare remain a national, sometimes regional, competence.
Key points
| Instrument | Directive (EU) 2019/1158, transposition by 2 August 2022 |
|---|---|
| Paternity leave | At least ten working days, paid |
| Parental leave | Four months per parent, two non-transferable and paid |
| Carers' leave | Five days a year |
| Flexible working | Right to request until the child is eight |
In practice
- Check first what kind of instrument it is: a regulation applies directly, a directive must be transposed and leaves differences between states.
- Consult the consolidated version on EUR-Lex, which incorporates every amendment.
- Identify the national transposing statute: that is what a court will actually apply.
- Where the meaning is disputed, look for Court of Justice judgments on the point.
- For a cross-border dispute, check whether a national contact point or a European network can help.
Cost and coverage
Consulting Union law costs nothing: EUR-Lex publishes every text free of charge, in twenty-four official languages and in consolidated form. Any cost lies in legal advice, where the interaction between the European text and the national transposing statute becomes decisive — common with directives, rare with regulations.
Where to go
- EUR-Lex, the official portal of Union law, publishing every text in twenty-four languages
- The European e-Justice Portal, for cross-border procedures
- Your Europe, the Commission's information service for citizens
- SOLVIT, the network that resolves misapplication of Union law by an administration
- The European Consumer Centre in your country, for cross-border consumer disputes
Worth knowing
Do not confuse the European Union with the Council of Europe: the European Convention on Human Rights and the Strasbourg Court are not EU bodies and cover forty-six states, including Switzerland and the United Kingdom.
Frequently asked questions
How much paternity leave?
At least ten paid working days as a floor; several states go well beyond.
Is parental leave paid?
At least two of the four months must be, and those two cannot be transferred to the other parent.
What is carers' leave?
Five days a year to assist a seriously ill or dependent relative.
Does the Directive require nursery places?
No. The organisation and funding of childcare remain national.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database