1. Nada Stropnik Institute for Economic Research, Ljubljana, Slovenia stropnikn@ier.si ‘More or less leave for fathers’ – new legislation in Slovenia 11th LPR Network seminar Tallinn, 18-19 September 2014

2. The reason for change of the leave regulation: EU Directive that requests the right to at least four months of parental leave for each of the parents. Additional reason: Only 5 per cent of fathers take (some of) the parental leave. The aim: to increase the fathers‘ uptake of the parental leave. Original proposal: One of the 12 months of family entitlement to parental leave becomes the father‘s right. (Together with 90 days of paternity leave this would have made four months of leave for fathers.) Arguments: Easier work-family reconciliation for families, increase in equal opportunities of women and men in the labour market.

3. Political and public debate In favour of the proposal Experts (sociologists in particular): Father‘s quota has been introduced in some European countries and it contributed to higher fathers‘ engagement in childcare. It results in a more modern family policy that is family- (particularly women-) friendly. It contributes to a change in values, parenting practice and equal division of family work between the partners.

4. Against the proposal Employers: This would cause organisational problems for small employers, particularly if the wording that parents just inform their employers about their intention to take the leave (without previous agreement) remains in the act. Right-of-the-centre political parties: NSi: Non-agreement with fathers being forced to take the parental leave on the one hand and mothers being deprived of one month of parental leave. They would have rather seen the paid paternity leave prolonged by one month, while their preference was to keep the current regulation leaving it to parents to agree on who of them would take parental leave or how to share it. SLS: The proposal is a hidden and hypocritical way to shorten parental leave. “There is only one mother, she decides on the parental leave because she breast-feeds the baby.“ Even one of the government coalition parties (around the centre) was against. Conservative family associations: Position similar to that of the NSi.

5. Fathers‘ uptake of the paternity leave: Up to 15 fully compensated days: four in five fathers; More than 15 days (i.e., also some of the days for which net salary is not compensated): one in five leave-takers. Research suggests that most fathers do not take more than 15 days of Paternity leave because their earnings are not (fully) compensated during the rest of it. In April 2014, Slovenia adopted a new Parental Protection and Family Benefits Act that was implemented in September 2014.

6. Major revisions Parental leave Changed from a family entitlement to an individual entitlement. Each parent eligible for 130 days of leave. Parents can transfer leave to their partners: 100 days from mother to father; 130 days from father to mother. Step forward: individual father‘s entitlement. Keeping the status quo: father may transfer all his days to mother.

7. Paternity leave 75 days of unpaid leave substituted by 15 days of paid leave (making 30 days of paid leave altogether), but this change will be introduced over a 3-year period, following the year in which an increase in the GDP exceeds 2.5 per cent. Steps forward: 15 more days of fully paid leave, higher probability for fathers to take 30 days of the paternity leave alltogether, the second 15 days of paternity leave have to be taken while the mother (most probably) is not present at home. Drawbacks: delayed implementation (by indefinite number of years), prolonged period for uptake of 16+ days (until the child completes the first grade of primary shool rather than until the child‘s age of three years).

8. FIRST 15 DAYS OF THE PATERNITY LEAVE Parental Protection and Family Benefits Act (2001) with revisions FIRST 15 DAYS OF THE PATERNITY LEAVE Parental Protection and Family Benefits Act (2014) 15 days To be taken as full-time leave during the child’s first six months. The leave may be taken as individual days, but in that case the length of the leave is equal to 70 per cent of the eligible calendar days. 100 per cent of average earnings during the 12 months prior to the leave, up to a ceiling of 2.5 times the average wage in Slovenia, with a minimum payment of 55 per cent of the minimum wage. Note: From 31 May 2012 till the year that is following the year in which the economic growth exceeds 2.5 per cent of the GDP, the paternity leave payment is decreased to 90 per cent of average earnings during the 12 months prior to the leave if these earnings are €763.06 and over. The ceiling is also lowered to two times the average wage in Slovenia.

9. DAYS 16-90 OF THE PATERNITY LEAVE Parental Protection and Family Benefits Act (2001) with revisions SECOND 15 DAYS OF THE PATERNITY LEAVE Parental Protection and Family Benefits Act (2014) 75 days15 days To be implemented in the three years following the year in which the rise in GDP exceeds 2.5 per cent. Paid paternity leave will be extended by five days a year, while the unpaid paternity leave will be shortened by 25 days a year. To be taken as full-time leave up to the child’s third birthday. To be taken as full-time or part-time leave until the child completes the first grade of primary school. Not to be taken while the mother is on maternity or parental leave. The leave may be taken as individual days, but in that case the length of the leave is equal to 70 per cent of the eligible calendar days. Only social security contributions based on the minimum wage are paid. 100 per cent of average earnings during the 12 months prior to the leave, up to a ceiling of 2.5 times the average wage in Slovenia, with a minimum payment of 55 per cent of the minimum wage.