Pay provisions in collective labour agreements- are they discriminatory?

The family leave reform entered into force in August 2022. The reform enables parents to divide childcaring responsibilities and family leave more equally as under the reform, among other things, parental leave days may be divided equally. The law does not stipulate pay during family leave but most collective labour agreements do and traditionally mothers have been entitled to a significantly longer paid family leave period than fathers. During the last negotiation round, the pay obligations were not applied to all collective agreements. The Ombudsman for Equality has now issued a statement that if a pay provision in a collective labour agreement is not equal for both parents, the provision is discriminatory and employers should not comply with the provision but pay salary during family leave for an equally long period for both parents. The statement is not legally binding but it is recommended employers review their family leave policies in this respect.