BETA

5 Amendments of Anthea McINTYRE related to 2017/0085(COD)

Amendment 141 #
Proposal for a directive
Recital 15
(15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service, taking into account the specific conditions in micro, small- and medium- size businesses. In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certainobjective circumstances. In such cases, the employer should provide written justification for the postponement. Given that flexibility makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave, workers should be able to request to take parental leave on a full-time or part-time basis or in other flexible forms. It should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full-time. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations, in particular with regard to children with disabilities, serious medical condition, or illness.
2018/04/20
Committee: EMPL
Amendment 195 #
Proposal for a directive
Recital 19
(19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be defined by the Member State and should be at least equivalent to what the worker concerned would receive in case of sick leave. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
2018/04/20
Committee: EMPL
Amendment 209 #
Proposal for a directive
Recital 21
(21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children, long periods of reduced working hours may lead to lower social security contributions translating into reduced or non-existing pension entitlements. The ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer and should take into account the constrains to the working arrangements and planning for the micro, small and medium enterprises, Specific circumstances underlying the need for flexible working arrangements can change. Workers should therefore not only have the right to return to their original working patterns at the end of a givenmutually agreed period, but should also be able to request to do so at any time where a change in the underlying circumstances so requires.
2018/04/20
Committee: EMPL
Amendment 252 #
Proposal for a directive
Recital 30
(30) This Directive should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Member States are therefore invited to regularly assess the impact of their transposition act on SMEs in order to make sure that SMEs are not disproportionately affected, with specific attention for micro- and small enterprises and for administrative burden, in particular the changes in work organisation.
2018/04/20
Committee: EMPL
Amendment 603 #
Proposal for a directive
Article 12
Protection from dismissal and burden of 1. Member States shall take the necessary measures to prohibit the dismissal and all preparations for dismissal 12 Article 12 deleted proof wWorkers, on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or have exercised the right to request flexible working arrangements referred to in Article 9. 2. have been dismissed on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6 or of exercising the right to request flexible working arrangements referred to in Article 9 may request the employer to provide duly substantiated grounds for the dismissal. The employer shall provide those grounds in writing. 3. necessary measures to ensure that, when workers referred to in paragraph 2 establish, before a court or other competent authority, facts from which it may be presumed that there have been such dismissal, it shall be for the respondent to prove that the dismissal was based on grounds other than those referred to in paragraph 1. 4. Member States from introducing rules of evidence which are more favourable to plaintiffs. 5. paragraph 3 to proceedings in which it is for the court or competent body to investigate the facts of the case. 6. criminal procedures, unless otherwise provided by the Member States. who consider that they Member States shall take the Paragraph 3 shall not prevent Member States need not apply Paragraph 3 shall not apply to
2018/04/25
Committee: EMPL