Alleged unfair decision to grant the complainant only two days' special leave

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  • Case: 2501/2009/(MF)RT
    Opened on 09 Nov 2009 - Draft recommendation on 21 Jun 2011 - Decision on 13 Mar 2012
  • Institution(s) concerned: European Parliament
  • Field(s) of law: General, financial and institutional matters
  • Types of maladministration alleged – (i) breach of, or (ii) breach of duties relating to: Fairness [Article 11 ECGAB]
  • Subject matter(s): Administration and Staff Regulations
baby due to be born
Author:
Copyright: Stocklib © Zdenek Rosenthaler

Summary of the decision on complaint 2501/2009/(MF)RT against the European Parliament

The complainant is a Parliament official. In 2008, he became the father of twins. Given that the Staff Regulations provide for ten days' special leave to be granted following the birth of a child, he considered that he was entitled to 20 days' special leave for the birth of twins. He put forward that the Court of Justice does so in similar cases. In deciding to give the complainant only 12 days, Parliament invoked its internal rules. The complainant was not satisfied and turned to the Ombudsman. He alleged that Parliament's decision to grant him only two days' special leave for the birth of his second son, a twin, was unfair. He claimed that Parliament should grant him 20 days' special leave.

In its opinion, Parliament explained, in sum, that the Staff Regulations do not set out any specific rule concerning special leave for fathers in the event of multiple births. Thus, Parliament extended the special 'paternity' leave by 20%, that is, to a total of 12 days, by analogy with the provisions governing maternity leave. Furthermore, and in support of its opinion, Parliament argued that there was no unitary administrative practice among EU Institutions as regards the number of days of special leave in the event of multiple births.

The Ombudsman considered unjustified Parliament's refusal to replace its existing practice of granting officials who become fathers of twins a total of only 12 days' special leave with a new practice, entitling this category of fathers to ten extra days of special leave. He took the view that maternity leave serves a different purpose to the one pursued by the special leave for fathers. Maternity leave is designed only for female officials who have given, or who are going to give, birth and allows mothers to take care of their children during the first four months of life. The special leave is intended to allow an official who becomes a father to assist the mother of his newborn child/children during the mother's maternity leave. Finally, he noted that the lack of a common approach does not preclude Parliament from changing its current rules at any time in the future.

The Ombudsman initially addressed a proposal for a friendly solution to Parliament and, subsequently, a draft recommendation.

Parliament rejected both the proposal for a friendly solution and the draft recommendation. In these circumstances, the Ombudsman closed the case with a critical remark.