EU member states are required to ensure at least two weeks compulsory maternity leave is included in the basic minimum maternity leave to which "a pregnant worker who informs her employer of her condition" is entitled (the Pregnant Workers Directive (92/85/EC) art 2 and Pregnant Workers Directive (92/85/EC) art 8).

In October 2008 the EC announced proposals to amend the Pregnant Workers Directive 92/85/EC. The main proposal was for compulsory paid maternity leave to be increased to 18 weeks, six of which would have had to be after the birth and the other 12 weeks either before or after the birth. The proposals were rejected by the European parliament in Strasbourg on 6th May 2009.

Compulsory maternity leave counts towards ordinary maternity leave and is not in addition to it.