Legal update
FIFA announces additional family-related protection for female players and coaches
Overview
Following an assessment of the minimum labour conditions regarding pregnancy and maternity for professional players, on 1 June 2024, FIFA’s Regulations on the Status and Transfer of Players (the RSTP) were amended to provide enhanced family-related protection for female players and coaches.
The updated RSTP can be accessed here and the accompanying explanatory notes can be accessed here and here.
Position prior to the latest amendments to RSTP
Prior to the latest amendments to the RSTP, in December 2020 FIFA introduced enhanced terms for female players, entitling them to a minimum period of 14 weeks’ paid leave for pregnancy, with such pay at the rate of at least two-thirds of their salary (or the minimum entitlement prescribed under national laws, whichever is greater). FIFA also introduced special rights for pregnant players, including the right:
(i) not to be terminated for being pregnant;
(ii) to continue to provide sporting services (i.e., playing and training);
(iii) to provide alternative employment services where it is not deemed safe to continue providing sporting services; and
(iv) to be provided with ‘suitable facilities’ relating to breastfeeding and other medical support on their return.
Key changes under the amended RSTP
Following the introduction of those enhanced terms, FIFA has now amended the RSTP to provide enhanced family-related protection for female players and has extended the majority of these rights to female coaches. A summary of the key changes are set out below:
Family leave / pay
Female players or coaches ‘other than the biological mother’ of a child, may take up to eight weeks’ paid leave (paid at the rate of two-thirds of their contracted salary), with such leave to be taken within six months of the birth of the child.
Adoption leave / pay
Female players or coaches will be entitled to up to eight weeks’ paid adoption leave (paid at the rate of at least two-thirds of salary) as follows:
- Eight weeks if the child is younger than two;
- Four weeks if the child is between two and four years’ old; or
- Two weeks if the child is older than four.
In each case, the leave must be taken within six months of the date of ‘formal adoption’.
Pregnancy Rights
Although the amended RSTP do not materially change the existing rights of players who become pregnant, the amended RSTP clarifies the current rules (and extends rule (iii) below to coaches):
(i) Pregnant players can continue to provide sporting services with their club's support, ensuring their health and that of the unborn child.
(ii) Where a pregnant player deems it is unsafe to continue sporting services, the club is to offer employment services in an alternative manner. This alternative must pass a reasonableness test based on the player’s contractual duties.
(iii) Players and coaches facing medical complications related to pregnancy are entitled to leave with full salary upon presenting a valid medical certificate.
Breastfeeding
Female players or coaches may take the necessary time out of the working day, without any reduction in salary, for the purposes of breastfeeding and/or expressing breast milk. FIFA has also clarified the existing rule requiring clubs to provide ‘suitable facilities’ for these purposes, by clarifying that, as a minimum, ‘suitable facilities’ means a “fully available”, “private” and “safe space”.
Post-partum plan and medical support
Following maternity, adoption or family leave, the club must put in place an agreed post-partum support plan with the female player or coach and provide adequate ongoing medical support.
Menstrual health
Provided a valid medical certificate is produced, female players (but not coaches) can be absent from work on full pay for menstrual health related concerns.