18 Amendments of Rosa D'AMATO related to 2017/0085(COD)
Amendment 278 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to all workers, men and women, who have an employment contract or employment relationship as defined by law, collective agreements and/or practice in force in each Member State.
Amendment 289 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) "paternity leave" means paid leave from work for fathers to be taken on the occasion of the birth or adoption of a child;
Amendment 294 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) “parental leave” means leave from work on the grounds of the birth or, adoption or award of custody of a child to take care of that child;
Amendment 297 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 381 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth or adoption of a child.
Amendment 402 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve. Member States shall ensure that protection measures are also applied to the self-employed, professionals and entrepreneurs.
Amendment 429 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall establish the period of notice to be given by workers to employers when exercising the right to parental leave. In doing so, Member States shall take into account the needs of both employers, in particular those in micro, small and medium-sized enterprises, and workers. Member States shall ensure that the worker's request specifies the intended beginning and end of the period of leave.
Amendment 430 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
(3a) Member States shall take specific measures to ensure that all benefits provided for by this Directive apply when parents go abroad for a protracted period in order to complete an international adoption procedure.
Amendment 447 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States mayshall define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. Employers shall justify any postponement of parental leave in writing.
Amendment 492 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Member States shall adopt financial measures and incentives to promote subsidised home care arrangements which provide for the use of qualified operators. The financial incentives must be calculated on the basis of the worker’s reference income.
Amendment 519 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave. With regard to self-employed workers, professionals and entrepreneurs, Member States shall make provision for adequate safeguards to provide a minimum level of support for the family unit for the period of leave.
Amendment 534 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelve, and carers, have the right to request flexible working arrangements for caring purposes. The duration of such flexible working arrangements may be subject to a reasonable limitationWherever possible, Member States shall also provide for instruments such as teleworking and target-oriented work. For the duration of such flexible working arrangements, provision shall be made for all necessary protective measures to prevent all forms of abuse.
Amendment 548 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Amendment 558 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify in writing any refusal of such a request.
Amendment 571 #
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Amendment 646 #
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16a Non-regression The implementation of this Directive shall not be sufficient grounds for regression in relation to the situation which already prevails in each Member State and in relation to the general level of protection of workers in the areas to which it applies. Member States and/or the social partners may maintain or introduce more favourable provisions for workers than those set out in this Directive.
Amendment 648 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Member States shall ensure that the provisions adopted pursuant to this Directive, together with the relevant provisions already in force relating to the subject matter as set out in Article 1 of this Directive, are brought by all appropriate means to the attention of the persons concerned throughout their territory, also through the Single Digital Gateway.
Amendment 665 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. On the basis of the information provided by Member States pursuant to paragraph 1, the Commission shall submit to the European Parliament and the Council a report in which it reviews the application of this Directive, including gender-specific data on the take-up of the different types of leave set out in this Directive and their impact on micro, small and medium-sized enterprises, accompanied, if appropriate, by a legislative proposal.