I was paid less during my parental leave than my contract states. Is this allowed?

What the Law Says

The EU Parental Leave Directive sets minimum standards that all Member States must implement in national law. It protects workers’ rights during leave — especially regarding continuity of employment and maintenance of conditions.

Under Directive (EU) 2019/1158, workers on parental leave retain their employment relationship and most employment rights. Crucially, Article 10 states that 'the employment relationship shall be suspended during parental leave, but the worker shall retain the employment conditions applicable at the start of the leave, except for those relating to remuneration'. However, this exception does not permit arbitrary reduction: pay elements that reflect seniority, length of service, or other employment-linked entitlements must be preserved upon return — and many national laws go further by requiring full contractual pay during leave.

Importantly, the Directive requires Member States to ensure that workers ‘are entitled to return to the same or an equivalent post’ and that ‘all rights acquired or in the process of being acquired on the date on which parental leave starts shall be maintained’. This includes accrued rights tied to salary, such as pension contributions, holiday entitlement, and bonuses based on continuous service.

Statutory Text

the employment relationship shall be suspended during parental leave, but the worker shall retain the employment conditions applicable at the start of the leave, except for those relating to remuneration

— Directive (EU) 2019/1158, Art. 10 — Rights during parental leave

Statutory Text

all rights acquired or in the process of being acquired on the date on which parental leave starts shall be maintained

— Directive (EU) 2019/1158, Art. 10 — Rights during parental leave

Sources