6. Special provisions relating to female players

Question 1

1. SPECIAL PROVISIONS RELATING TO FEMALE PLAYERS:
   What are the special provisions relating to female players that are being/becoming pregnant or on maternity leave?

Answer 1

i. The validity of a contract cannot be questioned when a female player is becoming pregnant during its term, being on maternity leave, or utilising rights related to maternity in general.

• If a club unilaterally terminates a contract on above grounds, the club will be deemed to have terminated the contract “without just cause”.

–> It shall be presumed, unless proven to the contrary, that the unilateral termination of a contract by a club during a pregnancy/maternity leave occurred as a result of a female player being/becoming pregnant.

Question 2

2. SPECIAL PROVISIONS RELATING TO FEMALE PLAYERS:
   How is the compensation calculated when a contract has been terminated on the grounds of the female player being/becoming pregnant or on maternity leave?

Answer 2

i. If the female 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. If the female player has 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 female player shall be entitled to additional compensation corresponding to 6 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.

• In addition to compensating the female player, sporting sanctions shall be imposed on any club found to have unilaterally terminated a contract on above grounds (pregnant). The club shall be banned from registering any new female players for two consecutive registration periods.

Question 3

3. SPECIAL PROVISIONS RELATING TO FEMALE PLAYERS:
   When a female player becomes pregnant - What rights do she have during the term of her contract?

Answer 3

a) If the female player wants to play/train, after being approved by medicals, the club is obligated to respect the decision and formalise a plan for her continued sporting participation at the club in a safe manner.

b) If the medical crew believe that it is not safe for the female player to continuing sporting services, the club has an obligation to provide an alternate employment. She is entitled to receive her full remuneration, until such time that she utilises maternity leave.

c) The female player independently determine the date of her maternity leave. Any club that pressures or force a female player to take maternity leave shall be sanctioned by FIFA Disciplinary Committee.

d) The female player can, with the approval of the medical team, return to football activity after the completion of her maternity leave. the club has an obligation to respect the decision, reintegrate her into footballing activity and provide adequate ongoing medical support.