FIFA: For the Game, For the World . . . For the Mothers?

By: Caitlin McElwee*                                                                         Posted: 10/17/2024

With the growing conversation around maternal and paternal needs in recent years, it only follows that the conversation has made its way to the world of sports.[1]  For instance, the International Olympics Committee set up the Olympic Village Nursery for the first time in Olympic history in Paris 2024, allowing athletes to have their children close by during the games.[2]  Another example is USA Track and Field’s creation and implementation of a new program to give their athletes greater financial support and increased postpartum insurance coverage.[3]  One notable policy comes from football’s global governing body, Federation Internationale de Football Association (FIFA), in 2024.[4]  The inclusive policies coming from FIFA highlights the importance of investing in athletes and their families, while also providing protections around their healthcare.[5]  However, although the comprehensive regulations were delivered to all of FIFA’s 211 member associations, there are concerns that not all member associations have implemented the policies.[6]  This would mean that, despite theoretically having the same protections as players in similar parts of the world, potential disparities in player protections could exist depending on a player’s domestic league.[7]

Background

Upon the maternity/post-partum policy’s initial release in January of 2021, FIFA was praised for “stepping up” to protect female players and coaches.[8]  The new maternity leave policy was more comprehensive than most professional sports leagues’ maternity policies.[9]  The initial policy included mandatory leave of at least fourteen weeks, payment of a minimum of two thirds of the player’s contracted salary, adequate medical and physical support upon returning to work, and protection against dismissal due to pregnancy.[10]

Due to the continued pursuance of more expansive policies and several meetings with international stakeholders,  FIFA released the new changes to the Regulations on the Status and Transfers of Players (RSTP) in the summer of 2024.[11]  The new regulations included special protections for players and coaches, including contracts remaining valid during pregnancy and maternity, adoption, or family leave.[12]  Maternity protection is the first of the incorporated regulations to the RSTP that apply only to women’s football, as well as additions specifically discussing the rights of female players, though there is a movement to extend the protection to men as well.[13]

Unequal Implementation

A concern FIFA had, along with related organizations, was the unequal implementation of the maternity leave policies across the various leagues associated with FIFA.[14]  Member associations were given six months to incorporate the regulations, giving all 211 associations until July 2021 to implement and regulate the protections.[15]  Shortly after the policies were initially introduced and implementation was meant to be underway, actions by one club stirred up the conversation of whether implementation was actually occurring.[16]  In 2023, midfielder Sara Bjork Gunnarsdottir of Iceland, playing for French team Lyon, became the first player to challenge a claim against a club through the FIFA maternity regulations and be successful.[17]  Lyon did not pay Bjork Gunnarsdottir her maternity leave through 2021 and into 2022, despite FIFA regulations explicitly saying a player is still entitled to two thirds of their pay while on leave.[18]  In fact, Lyon claimed to be following French law, rather than FIFA regulations, though neither FIFA’s regulations, nor French law allows for this.[19]

To combat any growing confusion, when the 2024 policy was released, FIFPRO World Players’ Union created a guide for leagues around the world to follow to avoid any claims of misunderstanding, misinformation, or misrepresentation.[20]  The document lists out a guide for players, entourage, and regulatory changes.[21]  In the guidelines, the new RSTP for 2024 conveys: any club who is found to unilaterally terminate a contract on the grounds of being pregnant, or being on maternity, adoption, or family leave, will be obligated to pay compensation to the athlete, receive sporting sanctions, or face a ban on registering new players for a specified time period.[22]  This language is especially important, given most football clubs internationally do not accessibly advertise their internal maternity protection policies.[23]

Change Is Inevitable

The landscape of women’s sports is growing and the time is now for positive change to occur.[24]  Women’s sporting clubs and female athletes are receiving more and more global attention and appreciation.[25]  Creating inclusive policies and enforcing these policies when not followed is imperative to both an effective back office and motivated players.[26]  With more female professional players having longer careers, usually intersecting with their peak windows of fertility, players will often look to starting a family during their careers.[27]  To provide star athletes with an incentive to stay at their current teams, both football and beyond, all teams should consider improving their maternity policies.[28]

The regulations provided by FIFA are straight-forward and published for all leagues internationally to implement.[29]  Having a guide to follow provides the rudimentary knowledge needed to conform to the regulations but also prevents associations from feigning ignorance when acting in noncompliance with the regulations.[30]  Additionally, applying policies and regulations uniformly across all players and staff allows for a safer and more inclusive environment, imperative to a well-functioning team.[31]  Not following the guidelines to the regulations, thus intentionally removing an athlete’s rights within the FIFA organization, could and should result in penalties against the member associations performing the violations.[32]  In the past, FIFA has sanctioned member associations on a wide range of issues by imposing a registration bans, monetary fines, match suspension, and many more.[33]

These penalties are only part of what a member association should be responsible for.[34]  Culture change is what would be needed the most.[35]  The incentive of having players who feel well cared for and valued should be enough for a member association to comply with the regulations.[36]  Doing so will offer further flexibility to their players and their families and keep athletes healthy, happy, and playing for longer.[37]

*Staff Writer, Jeffrey S. Moorad Sports Law Journal, J.D. Candidate, May 2026, Villanova University Charle

[1] See Anne M. Peterson, Rise of Women’s Sports Brings Greater Emphasis on Maternity and Parental Needs, AP News (July 22, 2024, 6:15 PM), https://apnews.com/article/female-athletes-parenting-olympics-soccer-5e6ed2d59b4774b2dbba9282581ea030 (acknowledging support of athletes at Olympics who are also parents is part of larger trend on rise in women’s sports of emphasizing need for maternity and parental needs).

[2] See Tales Azzoni, Competing and Parenting: Some Athletes are Doing Double Duty at the Olympics, AP News (July 22, 2024, 7:37 AM), https://apnews.com/article/olympians-parents-olympics-2024-paris-games-dc93e96375235b75d254b3aeccef5b1c (noting IOC and IOC Athlete’s Commission wanted to ensure that motherhood did not mean career end).

[3] See Pat Graham, USA Track & Field Expands Its Maternity Policy to Give Athletes More Time to Work Their Way Back, AP News (Apr. 25, 2024, 2:49 PM), https://apnews.com/article/maternity-support-track-field-4b8358edf52941eaa03eb4c4677e3a19 (explaining that athletes on Team USA can gain assistance through Elite Athlete Health Insurance with caveat that athlete still must compete).

[4] See Anne M. Peterson, FIFA Adopts New Protocol to Support Players During Pregnancy, Following the Birth of Their Children, AP News (May 31, 2024, 1:27 PM), https://apnews.com/article/fifa-maternity-leave-43bd9944a3d340a519e5fb442b0e8b6e (stating FIFA is encouraging member associations to provide family-friendly environments for players with children).

[5] See id. (arguing regulations allow clubs more freedom to add players outside their transfer window when players take maternity and parental leave or return from it).

[6] See FIFPRO’s Perspective on New FIFA Women’s Football Labour Conditions Regulations, FIFPRO (June 4, 2024), https://fifpro.org/en/supporting-players/conditions-of-employment/maternity-and-parental-provision/fifpro-s-perspective-on-new-fifa-women-s-football-labour-conditions-regulations (explaining that, despite several letters from FIFA to their organizations urging adoption of regulation changes, lack of implementation still occurred).

[7] See id. (reminding leagues that implementation is mandatory across all member associations).

[8] See FIFA Steps Up Protection of Female Players and Football Coaches, Inside FIFA (Nov. 19, 2020), https://inside.fifa.com/legal/news/fifa-steps-up-protection-of-female-players-and-football-coaches (establishing new minimum standard for female players, globally and in relation to maternity).

[9] See id. (recounting landmark reforms to policies to strengthen protection of female players).

[10] See Women’s Football: Minimum Labour Conditions for Players, FIFA 1 (2024), https://digitalhub.fifa.com/m/033101649cc3c480/original/f9cc8eex7qligvxfznbf-pdf.pdf (attributing extraordinary growth of women’s football over last decade to development of adequate regulatory framework to protect players).

[11] See Alexandra Gómez Bruinewoud, Pathway to Maternity Regulations for Professional Footballers, FIFPRO 11 (2024), https://www.fifpro.org/media/avwggshx/pathway-to-maternity-regulations-for-professional-footballers-alexandra-gomez-bruinewoud.pdf (observing that exhaustive agreement finally reached during meetings organized by FIFA); see also Regulations on the Status and Transfer of Players, FIFA 18 (June 2024), https://digitalhub.fifa.com/m/69b5c4c7121b58d2/original/Regulations-on-the-Status-and-Transfer-of-Players-June-2024-edition.pdf (discussing special provisions relating to pregnancy, adoption, and family leave).

[12] See Regulatory Framework for the Protection of Female Players and Coaches, FIFA 18 (July 2024), https://digitalhub.fifa.com/m/341fd8d9f981df59/original/FIFA-regulatory-framework-for-the-Protection-of-female-players-and-coaches.pdf (noting that “female players/coaches as biological mothers, adoptive parents, and non-biological mothers during the term of their contract” are entitled to take leave).

[13] See Maternity and Parental Provisions in Focus on Latest #Playerstalk, FIFPRO (June 19, 2024), https://fifpro.org/en/supporting-players/conditions-of-employment/maternity-and-parental-provision/maternity-and-parental-provisions-in-focus-on-latest-playerstalk (explaining some have commented that men’s players should also have right to paternity leave).

[14] See id. (noting mandatory nature of policy and slow implementation by some member associations).

[15] See Bruinewoud, supra note 11, at 12 (distinguishing that regulations must be both regulated and implemented).

[16] See React to Sara Bjork Gunnardsottir’s Landmark Maternity Ruling, FIFPRO (Jan. 19, 2023), https://www.fifpro.org/en/supporting-players/conditions-of-employment/maternity-and-parental-provision/players-react-to-sara-bjork-gunnarsdottir-s-landmark-maternity-ruling (acknowledging that Bjork Gunnardsottir had no reason to think she would not be getting paychecks while on maternity leave).

[17] See id. (stating strict application of maternity rights within FIFA associations is enforceable).

[18] See Sara Bjork Gunnarsdottir, What Happened When I Got Pregnant, Players’ Trib. (Jan. 17, 2023), https://www.theplayerstribune.com/posts/sara-bjork-gunnarsdottir-soccer-pregnancy (reflecting on impossibility felt in trying to receive lost wages).

[19] See id. (commenting on conversations Bjork Gunnarsdottir had with club managers).  But see France - Maternity and Paternity Allowances, European Comm’n https://ec.europa.eu/social/main.jsp?catId=1110&langId=en&intPageId=4533 (last visited Oct. 8, 2024) (providing information on maternity/paternity allowances, including payment before, during, and after birth).

[20] See The Postpartum Return to Play Guide, FIFPRO 3 (2024), https://www.fifpro.org/media/we4pje5x/fifpro-pprtpg-20-08_en.pdf (noting that pregnancy should not be seen as end of sporting career and proper use of regulations should inform next steps).

[21] See id. at 2 (indicating that regulations and definitions are divided up by guides and recipients).  

[22] See Regulations on the Status and Transfer of Players, supra note 11, at 18 (explaining punishments to associated leagues for not following regulations).

[23] See FIFPRO’s Perspective on New FIFA Women’s Football Labour Conditions Regulations, supra note 6 (stating that leagues are working towards more inclusive policies in international leagues).

[24] See Leela Srinivasan, Moving Beyond the Year of Women’s Sports: A Call for Lasting Change in 2024, Sports Bus. J. (Feb. 4, 2024), https://www.sportsbusinessjournal.com/Articles/2024/02/05/opinion-srinivasan (acknowledging that 2023 was pivotal moment in women’s sports history, particularly in basketball and soccer).

[25] See Women’s Sports Viewership on the Rise, Nielsen (July 2023), https://www.nielsen.com/insights/2023/womens-sports-viewership-on-the-rise/ (claiming interest in women’s sports has been growing at “meteoric pace”).

[26] See Mim Haigh, A Harvard Study on Happiness and What This Means for Athletes, Athlete Tough, https://athletetough.com/a-harvard-study-on-happiness-and-what-this-means-for-athletes/ (last visited Sept. 28, 2024) (concluding several decade-long study on athletes by saying happy and close relationships are more important than money and fame).

[27] See FIFPRO Maternity Leave Guide Helps Clubs Navigate Policy, ESPN (Aug. 27, 2024), https://www.espn.com/soccer/story/_/id/41011594/fifpro-maternity-leave-guide-helps-clubs-navigate-policy (noting that there is general lack of knowledge of women’s health within professional football).

[28] See James Millet, Athlete’s Fight for Maternity Rights, Michel Mores (May 17, 2024), https://www.michelmores.com/employment-insight/athletes-fight-for-maternity-rights/ (emphasizing importance of reviewing existing maternity policies to ensure statutory compliance).

[29] See generally Regulations on the Status and Transfer of Players, supra note 12 (documenting all regulations for player protections, including maternity/post-partum policies)

[30] See generally The Postpartum Return to Play Guide, supra note 21 (breaking down all new regulations expected for associated leagues).

[31] See Following Policies and Procedures, and Why it’s Important, Power DMS (Dec. 18, 2020), https://www.powerdms.com/policy-learning-center/following-policies-and-procedures-and-why-its-important (noting safer workplace reduces liability risks and limits interruptions to operations).

[32] See Regulations on the Status and Transfer of Players, supra note 12, at 18 (holding associated leagues accountable by imposing penalties for lack of compliance).

[33] See Disciplinary and Ethics Report 2023/2024, FIFA 10 fig.6 (July 2024), https://digitalhub.fifa.com/m/19ac0082bd24b21c/original/FIFA-Disciplinary-and-Ethics-Report-2023-2024.pdf (reporting on spread of disciplinary measured imposed by FIFA Disciplinary Committee and amount of each penalty).  It is interesting to note that this report provides several ways to infringe on the FIFA disciplinary code; noncompliance with the Regulations on the Status and Transfer of Players is one way of those ways.  See id. (“[A] total of 171 cases were directly related to matches and a further 93 involved a potential infringement of the FIFA Regulations on the Status and Transfer of Players (RSTP).”).

[34] See Tristan Mayglothling, The Lessons of a Value Based Culture in Performance Sport, Culture In Sports (Apr. 13, 2021), https://cultureinsports.com/the-lessons-of-a-value-based-culture-in-performance-sport/

(“Building a value-based coaching structure isn’t for everybody, but part of our role as coaches is to look beyond success as simply winning and develop the person, we work with to develop values that will lead to a successful life for the athletes in all areas of their lives.”).

[35] See Yamillah Hurtado, Hot Shots: Sports Help Perpetuate a Culture of Toxic Masculinity, Pepp. Univ. Graphic (Apr. 9, 2023), https://pepperdine-graphic.com/hot-shots-sports-help-perpetuate-a-culture-of-toxic-masculinity/ (“In sports history, there has been a multitude of instances where coaches have exerted abusive language and behavior onto athletes as a means of shaping them to be successful in their sport.”).

[36] See Monica Sainz, The Importance of Prioritizing Athlete Mental Health, Am. Pub. Univ. (Nov. 22, 2023), https://www.apu.apus.edu/area-of-study/nursing-and-health-sciences/resources/the-importance-of-prioritizing-athlete-mental-health/ (“[C]ollaboration between individuals and their team creates awareness and enables physical health and mental health care to be improved.”).

[37] See id. (claiming that offering flexibility is way to incentivize start athletes to stay).