{"id":19909,"date":"2026-11-12T15:36:06","date_gmt":"2026-11-12T14:36:06","guid":{"rendered":"https:\/\/www.daldewolf.com\/?p=19909"},"modified":"2026-11-12T15:36:06","modified_gmt":"2026-11-12T14:36:06","slug":"the-officil-september-2026-issue-114","status":"publish","type":"post","link":"https:\/\/www.daldewolf.com\/en\/the-officil-september-2026-issue-114\/","title":{"rendered":"THE OFFICI@L \u2013 October 2026 \u2013 Issue 114"},"content":{"rendered":"
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The OFFICI@L – Issue 114 – October 2026, our newsletter dedicated to European Union officials, has just been published. It is available in both French and English.\u00a0<\/span><\/p>\n<\/div><\/div>

Editorial<\/h1>\n

Dear Reader,<\/em><\/p>\n

In this 114th edition of our newsletter, our \u201cFocus<\/a>\u201d section explores leave entitlements related to the birth of a child within the European institutions<\/a>.<\/em><\/p>\n

In terms of case law<\/a>, we draw your attention to a judgment delivered by the General Court of the European Union dated September 16, 2026, concerning the contractual obligations of a Union institution, particularly regarding compliance with the notice period when a contract is terminated before the employee takes up their duties<\/a>.<\/em><\/p>\n

Finally, our \u201cBelgian Law<\/a>\u201d section features an article by our colleagues Candice Fastrez and Nell Verheyden on name changes following a divorce and the applicable rules under Belgian law<\/a>.<\/em><\/p>\n

You can help decide the topics for our upcoming issues! We look forward to receiving your suggestions at our email address: theofficial@daldewolf.com<\/a>.<\/em><\/p>\n

The DALDEWOLF team<\/em><\/p>\n<\/div><\/div><\/div><\/div><\/div>

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DALDEWOLF<\/strong>
\n– European Union Law and Human Rights<\/strong><\/em>
\nTHIERRY BONTINCK – ANA\u00cfS GUILLERME – LUCIE MARCHAL – CELIA ANDR\u00c9 – PAULINE BAUDOUX – TELMA BONNENFANT – SABRINA NAPOLITANO – FEDERICO PATUELLI<\/p>\n

– Belgian Law<\/strong><\/em>
\nDOMINIQUE BOGAERT<\/p>\n

in partnership with PERSPECTIVES law firm<\/strong>:
\n– Family Law<\/strong><\/em>
\nCANDICE FASTREZ<\/p>\n<\/div><\/div><\/div><\/div><\/div><\/div>

<\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/div><\/section>
<\/div>

Focus – Leave Related to the Birth of a Child in European Institutions: Is the System Set to Change?<\/strong><\/h2>\n

The Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants provide for various types of leave designed to enable staff members to balance their professional and personal lives: annual leave, sick leave, family leave, etc. Among these, maternity and paternity leave deserve special attention.<\/p>\n

20 weeks of maternity leave, compared to 10 days for the other parent<\/strong><\/p>\n

Article 58 of the Staff Regulations, applicable by analogy to temporary staff under Article 16 of the Conditions of Employment of Other Servants (CEOS) and to contract staff under Articles 91 and 16 of the CEOS, provides that pregnant women are entitled, upon presentation of a medical certificate, to 20 weeks of maternity leave, extended to 24 weeks in cases such as multiple births, premature births, or the birth of a child with a disability or a serious illness. The leave begins no earlier than six weeks before the expected date of delivery and ends no earlier than fourteen weeks after delivery.<\/p>\n

The provisions are significantly different for the other parent. The birth of a child entitles the parent to 10 working days of special leave, extended to 20 days in specific cases. It is worth noting that this provision is not necessarily tied to the gender of the other parent. The Commission has thus clarified, with regard to a same-sex female couple, that the non-biological mother may take the 10-days special leave related to the birth of a child, regardless of the couple\u2019s gender[1]<\/span><\/a>.<\/p>\n

Thus, the statutory framework is characterized by a significant disparity between the rights granted to the two parents.<\/p>\n

This difference complies with the minimum requirements of Directive 2019\/1158 on work-life balance for parents and caregivers and is explained, according to the case law of the EU courts, by the specific purpose of maternity leave. In its judgment Burrill and Noriega Guerra v. Commission<\/em> of October 26, 1999 (T-51\/98, paras. 48\u201350), the General Court held that this leave is intended, in particular, to protect a woman\u2019s biological condition during and after pregnancy, as well as the special bond between mother and child during the period following childbirth. This case law, which dates back more than twenty-five years, nevertheless reflects a conception of leave related to childbirth that may now seem less in step with the societal and legal developments that have taken place since then, particularly in several Member States.<\/p>\n

Furthermore, Article 42 bis of the Staff Regulations, applicable to temporary and contract staff in accordance with Articles 16 and 91 of the Conditions of Employment of Other Servants, provides for parental leave, available to each parent, of up to six months per child, to be taken during the first twelve years following the child\u2019s birth or adoption. However, this leave does not entitle the employee to the base salary, but rather to a monthly allowance of 1,289.65 euros, which is reduced by half when the leave is taken on a part-time basis. In certain specific situations\u2014notably when the leave is taken by a single parent or by the parent of a dependent child with a disability or serious illness\u2014the amount of this allowance is increased to 1,719.56 euros per month.<\/p>\n

Systems Evolving Toward a Better Balance Between Parents<\/strong><\/p>\n

In addition to the Scandinavian countries (Sweden, Finland, Estonia), Spain offers a particularly significant example of this evolution. Since 2025, its system has granted each parent an individual, non-transferable right to 19 weeks of leave related to childbirth and child care. Six weeks must be taken immediately and without interruption after the birth, while the remaining weeks can be taken with greater flexibility, including two weeks until the child turns eight (BOE-A-2025-15741 Royal Decree-Law 9\/2025, of July 29.<\/a><\/span>)<\/p>\n

Legislation in other Member States is also moving in this direction, with 20 and 28 days of leave in Belgium and France, respectively, for the father or co-parent.<\/p>\n

A similar trend can be observed in certain international organizations, where leave granted to the parent who did not give birth has been gradually extended. For example, in July 2026, CERN replaced the former paternity or co-parent leave with 20 working days of paid parental leave, available to either parent and able to be taken flexibly within the twelve months following the birth. Within the United Nations, as of January 1, 2023, staff members who become parents without giving birth are entitled to 16 weeks of fully paid parental leave, compared to 4 or 8 weeks of paternity leave under the previous system. This leave may also be taken flexibly within the twelve months following the birth or adoption of the child. Terminology is also evolving, with the traditional concept of paternity leave<\/em> sometimes being replaced by the more gender-neutral term co-parent leave<\/em>.<\/p>\n

These changes could inspire a future modernization of the European legal framework\u2014and in particular the Staff Regulations\u2014aimed at strengthening the rights of the second parent and adopting a more gender-neutral approach that would better reflect the diversity of family structures and promote a more balanced sharing of parental responsibilities.<\/p>\n

[1]<\/span><\/a> Comments of the Commission on a request for information from the European Ombudsman – SI\/1\/2019\/AMF on the leave rights of certain staff members and the best interests of the child (ombudsman.europa.eu)<\/a><\/span><\/p>\n<\/div>