Protection of Pay during Pregnancy related Absence in the EU: A Comparative Study of Swedish and German Labour Law

Abstract This essay investigates to what extent the Swedish and German legal frameworks comply with, and effectively implement, EU legal standards on protecting female workers from income loss during pregnancy-related absence. It does so by analysing the implementation of key EU directives— particularly Directive 92/85/EEC on the safety and health of pregnant workers and Article 157 TFEU on equal pay—as well as relevant case law from the Court of Justice of the European Union, including Gassmayr, Pedersen, Abdoulaye, and McKenna. The study finds that while both countries have transposed EU directives into national law, their practical approaches differ significantly. Germany offers stronger legal protection through employer-paid full wage compensation during maternity-related work prohibitions, as regulated under the Maternity Protection Act (Mutterschutzgesetz). This system aligns closely with EU case law and ensures that pregnant workers do not experience income loss due to medical or legal restrictions. Sweden, on the other hand, relies on a gender-neutral welfare model in which compensation is provided through state-funded benefits, such as pregnancy benefit and sickness allowance. Although this system meets the minimum EU requirements, it does not guarantee full income protection, particularly for high-earning women, and may risk indirect gender-based discrimination. The essay argues that Sweden’s flexible and liberal model, while promoting autonomy and equality in parenting, lacks a dedicated maternity protection period and places disproportionate economic risk on women. The analysis concludes that a more balanced system could be achieved by reallocating part of Sweden’s parental leave allowance to create a legally protected, fully compensated maternity leave—thereby strengthening compliance with EU law and promoting substantive gender equality.