Special Provisions relating to Pregnancy,
adoption and family leave Validity of an employment contract
1. The validity of a contract may not be made subject to the taking of, or the result of, a pregnancy test, the player being or becoming pregnant during its term, being on maternity, adoption or family leave, or utilising rights related to maternity, adoption or family leave in general. Terminating a contract without just cause and consequences
2. If a club unilaterally terminates a contract on the grounds of a player refusing to take a pregnancy test, being or becoming pregnant, being on maternity, adoption or family leave, or utilising rights related to maternity, adoption or family leave in general, the club will be deemed to have terminated the contract without just cause.
- a. It shall be presumed, unless proven to the contrary, that the unilateral termination of a contract by a club during a pregnancy or maternity, adoption or family leave occurred as a result of a player being or becoming pregnant, adopting a child or utilising rights related to family leave.
3. Where a contract has been terminated on the grounds stipulated above, as an exception to article 17 paragraph 1:
- a. compensation due to a player shall be calculated as follows:
- i. in case the player did not sign any new contract following the termination of her previous contract, as a general rule, the compensation shall be equal to the residual value of the contract that was prematurely terminated; ii. in case the player signed a new contract by the time of the decision, the value of the new contract for the period corresponding to the time remaining on the prematurely terminated contract shall be deducted from the residual value of the contract that was terminated early; iii. in either case described above, the player shall be entitled to additional compensation corresponding to six monthly salaries of the prematurely terminated contract; iv. collective bargaining agreements validly negotiated by employers’ and employees’ representatives at domestic level in accordance with national law may deviate from the principles stipulated above. The terms of such an agreement shall prevail; Special provisions relating to female players 06.
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- b. in addition to the obligation to pay compensation, sporting sanctions shall be imposed on any club found to have unilaterally terminated a contract on the grounds of a player being or becoming pregnant, being on maternity, adoption or family leave, or utilising rights related to maternity, adoption or family leave in general. The club shall be banned from registering any new female players, either nationally or internationally, for two entire and consecutive registration periods. The club shall be able to register new players, either nationally or internationally, only as of the next registration period following the complete serving of the relevant sporting sanction. In particular, it may not make use of the exception and measures stipulated in article 6 paragraph 3 c) of these regulations in order to register players at an earlier stage;
- c. the sanction provided for in b) above may be applied cumulatively with a fine. Rights relating to pregnancy, adoption and family leave
4. Where a player becomes pregnant during the term of her contract, the following shall apply:
- a. The player has the right to continue providing sporting services to her club (i.e. playing and training). The club has an obligation to respect the decision and formalise a plan for her continued sporting participation in a safe manner, prioritising her health and that of the unborn child. The player shall be entitled to receive her full remuneration, until such time that she utilises maternity leave.
- b. Should the player deem that it is not safe for her to continue providing sporting services, or should she choose not to exercise her right to continue providing sporting services, the club shall offer the player the possibility to provide employment services in an alternative manner. If she renders employment services in an alternative manner, or if the club is unable to offer alternative employment services that can reasonably be expected in the context of the ongoing contract, the player shall be entitled to receive her full remuneration, until such time that she utilises her maternity leave.
- c. If, for medical reasons related to a pregnancy, a player is unable to provide sporting or employment services in an alternative manner, then the player is entitled to medical leave, subject to the production of a valid medical certificate issued by her personal gynaecologist or specialist medical practitioner. The player shall be entitled to full remuneration, until such time that she utilises maternity leave.
5. A pregnant player, adoptive parent or a player utilising rights related to family leave has the right, during the term of her contract, to:
- a. independently determine the commencement date of her maternity, adoption or family leave, taking into consideration the minimum periods provided (cf. Definitions). Any club that pressures or forces a player to take maternity, adoption or family leave at a specific time shall be sanctioned by the FIFA Disciplinary Committee;
- b. return to football activity after the completion of her maternity, adoption or family leave. For a player completing maternity leave, the club has an obligation to reintegrate her into footballing activity (cf. article 6 paragraph
3. d)), agree together with the player on a postpartum plan and provide adequate ongoing medical support. The player shall be entitled to receive her full remuneration following her return to football activity. Breastfeeding
6. A player shall be provided the opportunity to breastfeed an infant and/or express breast milk whilst providing sporting services to her club. Clubs shall provide suitable facilities in accordance with applicable national legislation in the country of a club’s domicile or a collective bargaining agreement. The player’s reduced working hours for these reasons will be considered justified, without any reduction in salary.