Activities of Agnieszka KOZŁOWSKA related to 2017/0085(COD)
Plenary speeches (1)
Work-life balance for parents and carers (debate) (debate) PL
Amendments (29)
Amendment 74 #
Proposal for a directive
Recital 8
Recital 8
(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment. Furthermore, the availability of quality, accessible, and affordable infrastructure for the care of children and other dependants has proven to be a crucial factor for work-life balance policies that facilitate the rapid return of new mothers to, and an increasing participation of women in the labour market.
Amendment 118 #
Proposal for a directive
Recital 13
Recital 13
(13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity leave for fathers to be taken within the first year of a child’s life, preferably on the occasion of the birth or adoption of a child should be introduced. In order to take account of differences among Member States, the right to paternity leave should be irrespective of marital or family status as defined in national law. In order to deter potential abuse, the Member States should be able to introduce a requirement of a minimum period of service before a worker is entitled to benefit from that right, with a maximum duration of one year.
Amendment 134 #
Proposal for a directive
Recital 15
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 twelveeight years old. Member States should be able to specify taking into account in particular the constraints of micro, small and medium-sized businesses, a reasonable 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. In order to deter potential abuse, the Member States should be able to introduce a requirement of a minimum period of service before the worker is entitled to benefit from that right, with a maximum duration of one year. 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 certain circumstances. In such cases, the employer should provide 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 conditions or illness, in accordance with their national law and practice.
Amendment 172 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and/or other relatives in need of care, workers with a seriously ill relative in need of care or support dependant relativeue to a serious medical reason should have the right to take time off from work in the form of carers' leave to take care of that relative. To prevent abuse of that right, medical proof of the serious illness or dependency maymedical reason should be required prior to granting of the leave.
Amendment 208 #
Proposal for a directive
Recital 21
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 deter potential abuse, the Member States should be able to introduce a requirement of a minimum period of service before a worker is entitled to benefit from that right, with a maximum duration of one year. 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, 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 given agreed period, but should also be able to request to do so at any time where a change in the underlying circumstances so requires.
Amendment 220 #
Proposal for a directive
Recital 23
Recital 23
(23) Workers exercising their rights to leave or to request flexible working arrangements should be protected against discrimination or any less favourable treatment on that ground. At the same time, in order to ensure balance between the interests of employers and workers, Member States should ensure that employers are protected against any abuse of such rights and detrimental effects for the functioning of companies, taking into account in particular the constraints of micro, small and medium-sized businesses.
Amendment 257 #
Proposal for a directive
Recital 30
Recital 30
(30) This DirectiveIn implementing this Directive, Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of micro, small and medium-sized undertakings. Member States are therefore invited to 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- enterprises and for administrative burden, particularly concerning the impact of arrangements for parental leave and patterns of flexible work on the work organisation, and to publish the results of such assessments.
Amendment 279 #
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 agreement and/or practices in force in each Member State.
Amendment 284 #
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 on the grounds of the birth or adoption of a child, to be taken within the first year, of the child’s life, preferably on the occasion of the birth or adoption of a child;
Amendment 322 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States may specify that two months of parental leave should be taken during the first four years of the child’s life.
Amendment 323 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) "carer" means a worker providing personal care or support in case of a serious illness or dependency of a relativeto a relative in need of care or support due to a serious medical reason;
Amendment 328 #
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) "carers' leave" means leave from work for carers in order to provide personal care or support to a relative in need of care or support due to a serious medical reason;
Amendment 345 #
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 375 #
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 within the first year of a child’s life, preferably on the occasion of the birth or adoption of a child.
Amendment 383 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States may make the right to paternity leave subject to a period of work qualification or a length of service qualification not exceeding one year. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC1a, with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. __________________ 1a Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p. 43)
Amendment 406 #
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 twelveeight.
Amendment 414 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States may specify that two months of parental leave should be taken during the first four years of the child's life.
Amendment 425 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall establish framework guidelines for the period of notice to be given by the workers to employers when exercising the right to parental leave, specifying the intended beginning and end of the period of leave. In doing so, Member States shall take into account the needs of both employers, especially micro, small and medium-sized undertakings, and workers. Member States shall ensure that the worker's request specifies the intended beginning and end of the period of leavealso take into account force majeure as well as the possibility for a mutual agreement on changes to the period of notice between the worker and the employer.
Amendment 481 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Such right mayshall be subject to appropriate medical substantiation of the medical condition of the worker's relative.
Amendment 541 #
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 twelveeight, 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 limitation.
Amendment 546 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Member States shall establish framework guidelines for the period of notice to be given by the workers to employers when exercising the right to flexible working arrangements, specifying the intended beginning and end of the period of exercising this right. In doing so, Member States shall take into account the needs of both employers, especially micro, small and medium-sized undertakings, and workers. Member States shall also take into account force majeure as well as the possibility for a mutual agreement on changes to the period of notice between the worker and the employer.
Amendment 556 #
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, in particular in micro, small and medium-sized businesses. Employers shall justify any refusal of such a request.
Amendment 567 #
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Member States may make the right to flexible working arrangements subject to a period of work qualification or a length of service qualification which shall not exceed one year. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC1a, with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. __________________ 1a Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p. 43).
Amendment 587 #
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. Collective agreements Member States may allow social partners to conclude collective agreements, in accordance with national law or practice, which, while respecting the overall protection of workers and the minimum standards laid down in this Directive, establish arrangements concerning the working conditions of workers.
Amendment 628 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall lay down rules on penalties applicable to breaches of national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of a fine. They may also comprise payment of compensation.
Amendment 631 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall introduce measures necessary to protect workers, including workers who are employees' representatives, from any adverse treatment by the employer or adverse consequences resulting from a complaint lodged within the undertaking or any legal proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive.
Amendment 642 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
The implementation of this Directive shall not be sufficient grounds for any 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.
Amendment 647 #
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.workers and undertakings, especially micro, small and medium-sized undertakings, concerned throughout their territory, including through the Single Digital Gateway
Amendment 668 #
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 data, disaggregated by sex, on the take-up of different types of leave contained in this Directive and its impact on micro, small and medium-sized undertakings, accompanied, if appropriate, by a legislative proposal.