Employment, Social Affairs & Inclusion

News 29/10/2009

European Commission takes legal action against Hungary on parental leave

The Commission has on October 29 2009 sent a reasoned opinion to Hungary for incorrectly implementing the Parental Leave Directive (96/34/EC).

The Directive aims to improve work-life balance and gave legal effect to the first ever agreement negotiated between trade unions and employers at EU level. It provides for the individual right of workers, men and women, to parental leave on the grounds of the birth or adoption of a child for at least three months.


On October 29, 2009, Hungary  received a reasoned opinion for incorrect transposition of Directive 96/34/EC.


According to the Commission, Hungarian national law is not in line with the Directive on three points:

  • in the armed forces, the unpaid parental leave is available only after the end of the maternity leave;
  • national law does not protect workers against dismissal on the grounds of an application for parental leave;
  • national law does not provide for the right to return to the same job or equivalent job after taking parental leave.


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