The EU Work-Life Balance Directive (2019/1158) introduces four new minimum standards for EU member states: at least partially paid parental leave, 5 days of paid carers’ leave per year, 2 days of compassionate leave per year, and a right to request flexible working arrangements for parents of children up to 8 and carers. The Directive transposed by 1 August 2022, and member states must now enforce these provisions through national law. The Directive strengthens the existing Parental Leave Directive (2010/18/EU) and creates new entitlements that directly affect employers across the EU.
This guide covers the four core provisions, the carers’ leave, the compassionate leave, the flexible working right, and the anti-discrimination protections.
Key takeaways
- The Directive introduces 5 days of paid carers’ leave per year for each worker.
- 2 days of compassionate leave per year is available for force majeure events.
- Flexible working arrangements can be requested by parents of children up to 8 and carers of dependent relatives.
- Parental leave must be at least partially paid (level determined by national law).
- The Directive includes anti-discrimination protections — workers cannot be penalised for exercising their rights.
The four core provisions
1. Paid parental leave (amending Directive 2010/18/EU)
The Directive requires member states to ensure parental leave is at least partially paid:
- Duration: At least 4 months per parent per child (from the existing Directive)
- Payment: Member states must ensure at least partial payment — the level and duration are determined by national law
- Non-transferable: At least 2 months per parent cannot be transferred
The payment requirement is a significant strengthening of the existing Directive — previously, member states could provide unpaid parental leave.
2. Carers’ leave (new provision)
Article 9 of Directive 2019/1158 introduces carers’ leave:
| Aspect | Detail |
|---|---|
| Duration | 5 days per year per worker |
| Eligibility | Workers providing personal care or support to a relative or person living in the same household |
| Payment | Paid or unpaid (member state discretion) |
| Notice | As soon as practicable |
| Return | Right to return to the same or equivalent position |
The carers’ leave is for workers who need to provide care for a relative or person living in the same household who has a serious medical condition requiring substantial care or support. The definition of “relative” includes:
- Spouse, de facto partner, child, parent, or sibling
- A person living in the same household as the worker
The leave can be taken in full or in part, and the worker can choose the timing (subject to notice requirements).
3. Compassionate leave (new provision)
Article 10 of Directive 2019/1158 introduces compassionate leave:
| Aspect | Detail |
|---|---|
| Duration | 2 days per year per worker |
| Eligibility | All workers |
| Trigger | Force majeure events (e.g. serious illness or death of a relative) |
| Payment | Paid or unpaid (member state discretion) |
| Notice | As soon as practicable |
Compassionate leave is available for force majeure events — situations that are unexpected and require the worker’s immediate attention. The Directive leaves the definition of “force majeure” to member states, but it typically includes:
- Serious illness or injury of a close family member
- Death of a close family member
- Unexpected emergency involving a dependent
4. Flexible working arrangements (new provision)
Article 11 of Directive 2019/1158 gives parents and carers the right to request flexible working:
| Aspect | Detail |
|---|---|
| Who can request | Parents of children up to 8, carers of dependent relatives |
| What can be requested | Flexible working hours, part-time work, remote work, or other arrangements |
| Employer’s obligation | Genuinely consider the request |
| Employer’s right to refuse | On objective grounds (e.g. operational, organisational, or cost reasons) |
| Process | Written request, written response within a reasonable period |
The flexible working right is a right to request, not a right to receive. The employer must genuinely consider the request and can refuse on objective grounds. The worker can make a second request if their circumstances change.
Anti-discrimination protections
Article 12 of Directive 2019/1158 includes anti-discrimination provisions:
- Workers must not be subjected to adverse treatment for exercising their rights under the Directive
- Workers must not be dismissed for exercising their rights
- The burden of proof is on the employer to show that any adverse treatment was not related to the exercise of the Directive’s rights
These protections are enforceable through national courts and labour inspectorates.
National implementation
The Directive was transposed by 1 August 2022. Member states have implemented the provisions with varying levels of generosity:
| Country | Carers’ leave | Compassionate leave | Flexible working | Payment |
|---|---|---|---|---|
| Germany | 5 days (§616 BGB, already existing) | 2 days | Yes (§8 TzBfG) | Paid (employer) |
| France | 3 days (already existing) | 1 day | Yes (Code du travail) | Paid |
| Netherlands | 5 days | 2 days | Yes (Wet flexibel werken) | Paid |
| Spain | 5 days | 2 days | Yes (Estatuto de los Trabajadores) | Paid |
| Italy | 3 days (already existing) | 2 days | Yes (Jobs Act) | Paid |
| Ireland | 5 days | 2 days | Yes ( Organisation of Working Time Act) | Paid |
| Belgium | 5 days | 2 days | Yes (Employment Contracts Act) | Paid |
| Poland | 5 days | 2 days | Yes (Labour Code) | Paid |
| Sweden | 5 days | 2 days | Yes (Parental Leave Act) | Paid |
Most member states already had some form of carers’ leave or compassionate leave before the Directive. The Directive ensures a minimum standard across the EU.
Employer obligations
Eight core duties apply to EU work-life balance management:
- Grant 5 days of carers’ leave per year per worker
- Grant 2 days of compassionate leave per year per worker
- Process flexible working requests — genuinely consider and respond within a reasonable period
- Ensure partial payment for parental leave — apply the national payment scheme
- Protect against dismissal — for workers exercising their rights
- Record leave — keep accurate records of carers’ leave and compassionate leave
- Apply anti-discrimination rules — do not treat workers adversely for exercising their rights
- Comply with national implementation — apply the national law of the country where the worker performs the work
Common pitfalls
1. Not providing carers’ leave
The Directive requires 5 days of carers’ leave per year. Failure to provide the leave is a breach of national law.
2. Refusing flexible working requests without objective grounds
The employer must genuinely consider the request and can only refuse on objective grounds (operational, organisational, or cost). A blanket refusal without assessment is not defensible.
3. Penalising workers for exercising rights
The anti-discrimination protections prohibit adverse treatment for exercising the Directive’s rights. Any adverse treatment is presumed to be related to the exercise of rights unless the employer can prove otherwise.
4. Not applying the national implementation
The Directive is implemented differently across member states. The employer must apply the national law of the country where the worker performs the work.
5. Confusing carers’ leave with parental leave
Carers’ leave (5 days per year for caring for a sick relative) is separate from parental leave (4 months per parent for the birth or adoption of a child). They have different triggers and durations.
For more EU context, see our guide to EU Parental Leave Directive and EU Working Time Directive.
A leave management system that tracks carers’ leave, compassionate leave, and flexible working requests across multiple EU countries, applies the correct national implementation, and maintains anti-discrimination protections keeps your EU work-life balance compliance on autopilot.
Frequently asked questions
What is the EU Work-Life Balance Directive?
The EU Work-Life Balance Directive (2019/1158) introduces minimum standards for carers’ leave (5 days), compassionate leave (2 days), flexible working, and paid parental leave across EU member states.
How many days of carers’ leave does the Directive provide?
The Directive provides at least 5 days of carers’ leave per year per worker for providing care to a relative or person living in the same household with a serious medical condition.
Is carers’ leave paid?
The Directive allows member states to determine whether carers’ leave is paid or unpaid. Most member states provide paid carers’ leave.
Can an employer refuse a flexible working request?
The employer can refuse on objective grounds (operational, organisational, or cost reasons). The employer must genuinely consider the request and provide a written response.
When was the Directive transposed?
The Directive was transposed by 1 August 2022. Member states must now enforce these provisions through national law.
Sources
- Directive 2019/1158 — Work-Life Balance
- Directive 2010/18/EU — Parental Leave
- European Commission — Work-Life Balance
- European Commission — Employment Policy
Last updated: 26 July 2026. This article is general guidance, not legal advice. Work-life balance entitlements vary by member state — confirm current requirements with the national labour authority in the applicable country.