Legislative Mechanisms of the European Union and of Transposition into the Romanian Legislation Concerning the Problem of Work-Life Balance for Parents and Caregivers - Sociological Aspects

Abstract

In this study, we want to analyse the legal framework of the European Union regarding family leaves and flexible work formulas, measures that the Member States must take by transposing the Directive 2019/1158 of the European Parliament and the Council of Europe on work-life balance for parents and caregivers. A novelty in the Union legislation is the fact that this Directive replaces the notion of “reconciliation” with that of “balance”, and the notion of “family life” with that of “private life of parents and caregivers”. Also, the Directive, which had to be transposed by all EU Member States by August 22, 2022, aims to promote and facilitate the reintegration of mothers into the labour market after the period of maternity leave and parental leave, but, in particular: fathers’ right to paternity leave, parental leave, caregiver’s leave and not least, flexible working arrangements for workers who are parents or caregivers. As for fathers’ right to paternity leave, the EU legislator provides that it can be requested around the child’s birth date, before or after birth and should be granted regardless of the marital or family status, as will be defined in the internal law of each state. The parental leave granted to fathers can be extended by one or two months, a period of time that cannot be transferred to the other parent. The right to this leave will be guaranteed, by law, to all workers who have parental responsibilities. Finally, we will analyse how Romania transposed this Directive into the internal legislation. Keywords: European Union, private life of parents and caregivers; Parental leave; Flexible working; Transposing the Directive (EU) 2019/1158 into the internal legislation