Maternity rights in football
In a historic move, FIFA introduced maternity related protections for female players in January 2021. These were implemented at a national level in January 2022 and aimed to provide better protection for players’ welfare and wellbeing.
After signing for Paddington United, Elle’s breakthrough performances and record number of clean sheets have seen her receive her first international cap. She is thinking about starting a family but is worried about the potential implications it might have on her contract with Paddington.
The RSTP
Midway through the season, Elle discovers that she is pregnant. Whilst she is personally delighted with the news, in the past she has heard stories of female players having their contracts terminated when they have fallen pregnant. She takes legal advice on this and learns that FIFA has implemented regulations in the Regulations on the Status and Transfer of Players (or “RSTP”) to protect players who fall pregnant. In particular, if a playing contract is terminated whilst a player is pregnant, it is presumed to be an unlawful termination (unless the club can prove otherwise). In such circumstances, the player will be compensated (ordinarily a sum equal to the remainder of her contract unless she finds a new club before the end of the term of her terminated contract, in which case the compensation will be reduced to reflect this new wage). However, in addition to the contractual damages, she will also be awarded an additional compensation of a further 6 months’ salary as a reflection of the nature of the termination.
Paddington do not currently have any fit reserve goalkeepers, but luckily, they are able to buy a new goalkeeper to replace Elle, even though the transfer window isn’t yet open. Clubs are provided with protection in the event that one of its registered players falls pregnant and it needs to replace her. FIFA, at Regulation 6.1(a) of the Regulations on the Status and Transfer of Players expressly allows the club to register a replacement player during the pregnant player’s maternity leave, even if this is outside a transfer window.
Deciding on next steps
At her dating scan, Elle is glad to learn that the baby is healthy and developing as expected, particularly as she is keen to keep playing first-team football. She is aware that many professional athletes continue training and, in some cases, competing during their pregnancy. However, Elle’s partner is concerned about her safety and the wellbeing of the baby in a footballing environment, so encourages Elle to speak to her manager and the club doctor at Paddington. Elle is unsure how her manager will react and whether it would compromise her position as the team’s first choice keeper, so takes the information to the club’s doctor. After a full consultation and long discussion about the risks, Elle and the club doctor weigh up her options, including what she wants to do about notifying the manager and her teammates. Elle and the doctor agree that it is safe for her to keep training and they agree on a plan to allow her to continue training with some adjustments to her regime. They agree to monitor the training plan regularly, prioritising her health and the health of her unborn child. She decides to share the news with her manager and teammates. To her relief, they all respect and support her decision to keep training.
Return to play
Within a few weeks and following further meetings with the club doctor, Elle decides it is time to step back from training. The club is keen is to utilise Elle’s expertise so offers her alternative work training the youth team goalkeepers on the same terms and conditions as before she was pregnant. As Elle feels fit and well in herself and she is not concerned about the risks involved, she gladly takes up the offer. Elle can choose to start her maternity leave at any time after the 11th week of her expected week of childbirth. Elle agreed with the club that she would keep working until the month before her due date The club were very understanding in this process and did not force or encourage Elle to make any decisions concerning the commencement of her maternity leave. If they were to have forced Elle, they would have been sanctioned by the FIFA Disciplinary Committee.
Several months later and following the birth of her beautiful baby, Elle checks her contract to see what she will be paid whilst she is on maternity leave. Under her playing contract, she is entitled to her usual weekly wage and other remuneration for the first 14 weeks of her maternity leave. She is also entitled to any other contractual benefits - not related to remuneration - for the duration of her full maternity leave.
Looking ahead to her return, Elle requests a copy of the club’s family leave policies. Elle is comforted to learn that, when she returns to work, her club will support her with suitable facilities for breastfeeding her baby, as well as provide any medical and physical support that she needs. She agrees to speak to the club doctor and her own personal doctor (this was agreed by both Elle and the club) before she returns so that they can give her all clear to start training and playing again. Elle’s also pleased to hear that she will be fully remunerated upon her return from maternity leave, and that the terms of her contract will not change.
Elle is currently getting ready for her return and is looking forward to keeping even more clean sheets for Paddington United and England. She is at peace knowing that the club has been so supportive and welcoming of the birth of her beautiful baby and is looking forward to representing her country at the FIFA Women’s World Cup in Australia and New Zealand.