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Boroch, Krzysztof (2011) A comparative legal analysis of the implementation of the 1996 parental leave directive in the UK and Poland (1983-2010). Doctoral thesis, London Metropolitan University.
The Parental Leave Directive 96/34/EC is the only EU directive which was adopted with the specific aim of enabling working parents to reconcile work and family responsibilities thorough the use of parental leave and leave for urgent family reasons. This thesis consists of an exploration of this Directive in terms of how it shapes law at national level in the UK and Poland with references to selected Member States. The legal analysis undertaken in this thesis is informed by socio-Iegal methodologies and feminist perspectives. It aims to explore the legislative contribution of the EU to addressing the complex and diverse issues surrounding the interaction between work and caring responsibilities for children and adult dependants. At the core of this thesis is the concept of choice and the extent to which the Directive has assisted working parents in making genuine reconciliation choices. As this Directive was the first reconciliation measure to be based on a framework agreement concluded by Social Partners, the legal basis for their involvement in the EU decision making process is explored and analysed. The thesis considers whether the change in the legislative process in favour of the involvement of Social Partners, has resulted in the adoption of the Directive on parental leave containing more stringent provisions than those envisaged in the Commission proposals for a Directive on parental leave blocked by the Council in the 1980s. It argues that the Directive has failed to provide workers with the effective rights to parental leave and leave for urgent family reasons which could enable them to make genuine reconciliation choices. This failure has been further reinforced by national legislators to the detriment of workers with caring responsibilities for children and adult dependants in the UK and Poland. The thesis uses a comparative legal approach in order explore the way forward for further development of the EU law by considering the approaches, rules and standards that should be adopted or reinforced in law in order to ensure that the discussed leave entitlements become more effective reconciliation tools.
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