EU work-family policies revisited: Finally challenging caring roles?

Michelle Weldon-Johns

doi:10.1177/2031952520966613

Abstract

In 2013 Weldon-Johns used the work-family typology classification model (WFTCM) to analyse the development of EU work-family policies. That examination showed that EU work-family legislation continued to focus on maternal care and was underpinned by the extended motherhood typology. In 2019, the Work-Life Balance for Parents and Carers Directive 2019/1158 was passed, implementing key changes to the EU framework. This article takes this as an opportunity to reflect on the current EU approach. In doing so, it revisits the WFTCM and expands the ideal types to include the shared parental roles typology and redefine the family typology. This analysis shows that while some advances have been made, gendered assumptions surrounding care remain, as does the presumption in favour of childcare. Instead of the Directive fulfilling its potential to challenge caring roles, it is likely that they will continue to be reinforced, although there are some hopes for the future.

Highlights

In 2013 Weldon-Johns used the work-family typology classification model (WFTCM) to analyse the revised Parental Leave Directive 2010/18/EU (PLD) and the proposed changes to the Pregnant Workers Directive 92/85/EEC (PWD) (COM(2008) 600/4).1 Using the three indicators of the family care model, the working family model and the division of gender roles, the WFTCM was1
Used to analyse and classify the proposed and revised legislation into one of three ideal-type typologies. These were: the maternity to motherhood typology, the extended motherhood typology, or the family typology, which represented a spectrum of approaches towards addressing workfamily conflict
In recent years there appears to have been a tentative move away from this approach. This started with the greater recognition of working fathers as working carers by the CJEU in (C-104/09) Roca Alvarez v Sesa Start Espana ETT SA3 and (C-222/14) Maistrellis v Ypourgos Dikaiosynis, Diafaneias kai Anthropinon Dikaiomaton,4 leading some to argue that this demonstrated a move towards recognising and valuing fatherhood

Summary

Introduction

In 2013 Weldon-Johns used the work-family typology classification model (WFTCM) to analyse the revised Parental Leave Directive 2010/18/EU (PLD) and the proposed changes to the Pregnant Workers Directive 92/85/EEC (PWD) (COM(2008) 600/4). Using the three indicators of the family care model, the working family model and the division of gender roles, the WFTCM was. In recent years there appears to have been a tentative move away from this approach This started with the greater recognition of working fathers as working carers by the CJEU in (C-104/09) Roca Alvarez v Sesa Start Espana ETT SA3 and (C-222/14) Maistrellis v Ypourgos Dikaiosynis, Diafaneias kai Anthropinon Dikaiomaton, leading some to argue that this demonstrated a move towards recognising and valuing fatherhood.. It provides the chance to reflect on the WFTCM and the limitations within the original ideal-type typologies In doing so, these are expanded to include shared parental roles, which more explicitly recognises the specific role of working fathers, or other second parents as recognised within individual Member States, as well as working mothers separately from the category of gender-neutral working carers. This enables the legislation to be analysed more effectively by recognising the inherent differences between gender-neutral parental care and

For previous analyses of EU law see

Findings

66. Something which the current approach appears to reinforce