As calls for greater equality in women's professional football ramp up, awareness is growing of the need to support players who decide to have children during their playing career. Following on from FIFA's introduction of maternity regulations in January 2021, the worldwide representative organisation for 65,000 professional footballers, FIFPRO, published guidance last month on regulatory support for pregnant and postpartum players. From obligations on clubs to provide pregnancy and postpartum-specific physiotherapy, to support for breastfeeding players, the guidelines seek to protect players and ultimately support their return to play. The ultimate goal is for women players to not have to choose between motherhood and professional football.

Introduction

On 27 August 2024, the worldwide representative organisation for 65,000 professional footballers, FIFPRO, launched its Postpartum Return to Play Guide (PRPG) for footballers following childbirth. The PRPG follows FIFA’s introduction of maternity regulations incorporated into the Regulations on the Status and Transfer of Players (RSTP) in January 2021 (updated in June 2024)  following pressure from FIFPRO to protect the rights of pregnant players. 

The PRPG was developed by a taskforce of medical experts and professional players who have experienced pregnancy and childbirth during their career. Its creation was prompted by the fact that, for many professional female players, the peak of their career will overlap with their peak window of fertility and, as a result, players may seek to start a family during their playing careers and then want to return to play. Rather than having to choose one or the other, players should be supported and enabled to do both with success.

As well as guiding players, clubs, leagues and federations through the journey of pregnancy, birth, maternity and post-partum return to play, the PRPG includes guidance for regulatory changes. It is this part of the guidance that is the focus of this article.

The regulatory guidance was included in the PRPG following a number of issues being highlighted as fundamental during the process of creating the PRPG, such that they were considered to require international and/or national mandatory regulation. Accordingly, the purpose of the regulatory section of the guidance is to create minimum standards that will be introduced and complied with by footballing organisations around the world so that each and every player can have basic pre- and postpartum protections when deciding to start a family. 

Summary of regulatory guidance

Education on pregnancy, maternity and return to competition post-partum

• Each club, league, and federation employing or using the service of professional women players shall organise an annual workshop for all players and club staff on pregnancy, maternity, and the postpartum return to play, referring clearly to the rights of players granted by FIFA’s Regulations on the Status and Transfer of Players, national legislation and any applicable collective bargaining agreements. We understand that (at this stage) at least the workshop would be for female players and those club staff connected to women’s football.

Communication during pregnancy and post-partum

• The player may agree with the club, league, or federation that she can reside in a different country while going through her pregnancy and/or maternity leave.  In this case, the club shall have a duty to keep in regular contact with the player. Likewise, the player shall have a duty to keep her club regularly updated on any relevant developments.
• The duty of communication (on both player and club) referenced above shall not apply for the period of maternity leave (in which time the player shall not be contacted) unless there is an express agreement to the contrary. 
• While it is not clear from the PRPG the extent to which these provisions on communication apply in the case that a player is not in a different country for her pregnancy/maternity leave, we understand the position would be the same (i.e. that they would apply) and note that a player residing in the same country during her pregnancy has the right under the RSTP to continue playing and training or otherwise providing alternative services to her club and will therefore necessarily be in communication with her club during her pregnancy.

Pregnancy and post-partum plan

• The player, the club/league/federation and the club’s relevant maternity liaison officer (see below) must together create a specific plan for the player’s pregnancy, maternity leave, and return to exercise, football, and competition. This should happen soon after, and at the latest no more than one month after the player informs the club of her pregnancy.
• The plan may extend, but not diminish, the rights granted to players by law – for example, by lengthening the maternity leave, organising childcare support, and permitting the player to bring a travel companion with her baby.
• The plan shall be mandatory but may be reviewed periodically and adjusted as necessary based on the player’s health and needs.

Professional services provided

The following professional services should be provided to pregnant players throughout their pregnancy and postpartum, and at least until the return to competitive football. If the player is based abroad in this period, she will be responsible for finding the first four of the services listed below and the club will pay or reimburse the player up to the amount that the services would have cost in the country of the club unless there is a health insurance coverage in place that covers the costs under better financial conditions.

• Physiotherapist with pelvic floor specialisation.
• Strength and conditioning coach specialising in pregnant athletes.
• Mental health specialist to be available to the player at least once a week and during emergencies. When possible, the club should provide a list of five diverse professionals in mental health so that the player has a choice.
• Nutritionist with a certified sports specialisation, who will have meetings with the player at least every 2 weeks.
• Maternity liaison officer to act as the connecting person between all club staff and the player through her pregnancy and postpartum. 

Player’s health assessment

• Between six and seven weeks postpartum, the physiotherapist with pelvic floor specialisation together with the player’s doctor shall provide an expert health assessment on the changes in the body of the player with specific focus on the pelvic floor and core stability, which will be used to plan the player’s return to competition. 

Travel

All clubs/leagues should aim to comply with the following:

• Provision of a supportive environment to any player who has a child less than 12 months old at the start of the relevant season or who is still being breastfed by the player.
• If the team travels for games, and if so requested by the player, the federation/club shall use its best endeavours to arrange for the infant and a support person to travel with the player on the same flight and be accommodated in the same hotel and/or hotel room as the player. The player should notify the club of travel requirements for an infant and support person 1-4 weeks in advance.
• The federation/club will cover reasonable flights, accommodation, and associated costs for a player’s support person and infant.
• The player’s support person and infant may attend team activities and commitments, including training, meetings, and meals, provided this is agreed in advance with the federation/club management.

Commentary

The PRPG is a very welcome piece of guidance, which will no doubt assist players and those supporting them in their pregnancy and postpartum journeys, and which highlights the need for player support to continue beyond maternity leave up to and beyond the return to professional competition. 

As a next step, it would be fantastic to see FIFPRO’s guidance for regulatory changes implemented in the form of mandatory minimum standards across the game. Not only would this greatly increase the protection and provision for female players, but it would help place football at the forefront of women’s sport when it comes to pregnancy and maternity regulation and hopefully encourage and result in other sports following suit. While each sport is of course different (in terms of both nature and resource) it is clear that much of the guidance can translate or otherwise be easily adapted to other sports.

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Authors: Lereesa Easterbrook (Senior Associate) and Eloise Barry (Trainee Solicitor)