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FIFA Announces Amendments to the Regulations on the Status and Transfer of Players

November 04 2024

On November 4, 2024, FIFA issued a Circular announcing three amendments to the Regulations on the Status and Transfer of Players (RSTP). This blog focuses on the amendment made to the “Special Provisions Relating to Female Players.”

By way of brief background, in June of 2024, FIFA issued updated RSTP that included “Special Provisions Relating to Female Players.” (Read more about these “Special Provisions” here.) FIFA introduced three types of leave: (1) adoption, (2) maternity, and (3) family leave. (Read this to learn about the discriminatory nature of the Adoption Policy.)

In any event, FIFA revisited these terms and made one change that is worth discussing.

OLD LANGUAGE (June 2024)

The RTSP includes a provision that allows for clubs to register female players outside of the two annual registration windows in order to replace a player who is out on one of the leaves (adoption, maternity, family).

Section 3, Article 6, Subpart 3(c), reads as follows:

A female player may be registered outside a registration period to temporarily replace another female player that has exercised her rights linked to pregnancy, adoption or family leave. This period of the contract of the temporary replacement player shall, unless otherwise mutually agreed, be from the date of registration until the day prior to the start of the first registration period after the return of the female player that has taken maternity leave.

NEW LANGUAGE (October 2024)

FIFA made a simple tweak to the above language to clarify the duration of the player who is filling in for the player taking leave (“Temporary Player”) time with the Club. As written, the June 2024 language indicates that a Temporary Player’s term ends only with the return of a player from maternity leave- not adoption or family leave.

FIFA tweaked the language to ensure that Temporary Players’ terms shall end when the original player returns from pregnancy, adoption or family leave.

The revisions are in bold:

A female player may be registered outside a registration period to temporarily replace another female player that has exercised her rights linked to pregnancy, adoption or family leave. This period of the contract of the temporary replacement player shall, unless otherwise mutually agreed, be from the date of registration until the day prior to the start of the first registration period after the return of the female player that has taken the relevant leave.

FIFA included the phrase “relevant leave” to include pregnancy, adoption and family leave. (See The Circular)

FINAL THOUGHTS…

This revision is helpful in clarifying the Temporary Player registration term. With that being said, this round of amendments do not address some other points that U.S. Clubs and Leagues must bear in mind when drafting player and coach contracts. There are aspect to the FIFA guidelines that are contrary to US statutes and case law.

Briefly, as discussed in our last two blogs here and here, adherence to FIFA regulations does not ensure compliance with U.S. laws. A few thoughts:

  • Gender.

    • Maternity Leave. FIFA uses the phrase “maternity leave” in the RTSP to describe leave taken due to pregnancy. This phrase does not take into account non-binary individuals who carry children, nor does it consider trans men who carry children. As discussed here, gender identity is protected under U.S. federal employment law. Prudent employers use the phrase “pregnancy leave” as opposed to “maternity leave” to ensure the policy does not discriminate against trans men and non-binary individuals who carry children. (NOTE: The RTSP uses “maternity leave” and “pregnancy leave” interchangeably. It would behoove U.S. Clubs/Leagues to stick to the phrase “pregnancy leave.”)

    • “Her” and “Female.” The Registration exception discussed above only applies to “female players.” (“A female player may be registered outside of the registration period to temporarily replace another female player…”) The specific mention of “female players” do not take into account non-binary individuals and trans individuals who carry children. As discussed above, the U.S. Federal Employment Law (aka- Title VII) includes gender identity as a protected class. Prudent U.S. employers, in sport and outside of sport, use the phrase “individual who carries a child” or “carrying individual.”

It is crucial that clubs, leagues and agents must stay on top of the FIFA updates. With that being said, it is also crucial that clubs, leagues and agents stay on top of U.S. federal state and local laws.

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