Proposition 53K0363

Logo (Chamber of representatives)

Projet de loi modifiant la loi du 16 mars 1971 sur le travail en ce qui concerne la protection contre le licenciement en cas de conversion du congé de maternité en congé de paternité.

General information

Authors
PS | SP Julie Fernandez Fernandez, Franco Seminara, Christiane Vienne
Submission date
Oct. 12, 2010
Official page
Visit
Status
Adopted
Requirement
Simple
Subjects
work work contract dismissal paternity leave

Voting

Voted to adopt
Groen CD&V Vooruit Ecolo LE PS | SP Open Vld N-VA LDD MR VB

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Discussion

April 7, 2011 | Plenary session (Chamber of representatives)

Full source


Rapporteur Nahima Lanjri

Mr. Speaker, the proposal presented by Ms. Fernandez Fernandez is a good proposal. It ensures that even the father who, because the mother dies at the birth of the child or because she is hospitalized, takes over the maternity leave is better protected against dismissal. Everyone could stand behind.

The proposal was unanimously approved. For the rest, considering the advanced time, I refer to the written report.


Maggie De Block Open Vld

Mr. Speaker, the committee was unanimous because, despite the advanced care in medicine, it is sometimes impossible to avoid women dying in the maternity bed. In addition to all other concerns, a partner will then have to take care of the child. This is obvious, but there is no legal regulation in this regard.

The proposal of Ms. Fernandez is addressing this. The proposal does not grant any additional rights and therefore does not involve any additional costs. Given the budgetary circumstances, this is well taken into account.

It is logical that the father can enjoy the same protection as the mother. It is therefore with great pleasure that our group will support the proposal.


Julie Fernandez Fernandez PS | SP

Mr. Speaker, as I said in a committee, this bill aims to remedy a real social injustice by ensuring strict equal treatment between maternity protection and the protection of the father who has opted for the conversion of maternity leave into paternity leave when the mother of the newborn is hospitalized or died. This difference in treatment is, in our view, unjustifiable because we are faced here with fathers who have made a courageous and difficult choice to assume the entire adoption of the child in a very difficult context. I would like to thank all the colleagues who supported this proposal in the Social Affairs Committee.


Catherine Fonck LE

The things have been said and well said. This law proposal based on common sense allows to take into account special situations of hospitalization, or even the death of the mother. This was important, especially in the best interests of the child.