76 Amendments of Paloma LÓPEZ BERMEJO related to 2017/0085(COD)
Amendment 19 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153 (1) (i) and (2)(b) and article 157 (3) thereof,
Amendment 22 #
Proposal for a directive
Recital 2
Recital 2
(2) Equality between men and womenGender equality is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union the promotion of equality between women and men is one of the Union's aims. Similarly, Article 23 of the Charter of Fundamental Rights of the European Union requires equality between women and men, combatting social exclusion and discrimination, promoting social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child are aims of the Union. Similarly, under Title III of the Charter of Fundamental Rights of the European Union everyone is equal before the law and moreover Articles 21 and 23 prohibits discrimination and requires equality to be ensured in all areas, including employment, work and pay.
Amendment 26 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) According to Article 8 TFEU the Union must aim to eliminate inequalities and to promote equality between men and women in all its activities.
Amendment 33 #
Proposal for a directive
Recital 4
Recital 4
(4) The Union is party to the United Nations' Convention on the Rights of People with Disabilities. The provisions of that Convention are thus, from the time of its entry into force, an integral part of the European Union legal order and Union legislation must as far as possible be interpreted in a manner that is consistent with the Convention. The Convention provides, among other things, in its Article 7 that Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. Furthermore, Member States shall take effective and appropriate measures to eliminate discrimination on grounds of disabilities in all matters relating to marriage, family, parenthood and relationships, according to Article 23 of the Convention.
Amendment 36 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) All Member States have signed and ratified the United Nations Convention on the Rights of the Child and are therefore legally bound to take all measures for the implementation of the rights concerned. The Convention provides, among other things, in its Article 18 that parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child, and that the best interests of the child will be their basic concern. It also reminds States of their responsibility to take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible.
Amendment 38 #
Proposal for a directive
Recital 5
Recital 5
(5) Work-life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market, encouraging and making it easier for men to share caring responsibilities on an equal basis with women, and closing gender gaps in earnings, pay and payension. Such policies should take into account demographic changes including the effects of an ageing population.also focus on reducing gender stereotypes, recognising and redistributing care responsibilities, developing and implementing quality standards for all types of care services and should take into account the cost of a lower female employment rate in terms of EU’s GDP1a, demographic changes including the effects of an ageing population and the disproportionate burden of caring responsibilities that women erroneously are expected to take as an extension of their female nature. Particular attention needs to be given to the labour market participation of vulnerable categories of women, such as single parents, women with a disability, women with a migrant background and women from ethnic minorities. __________________ 1aEurofound (2016), The gender employment gap: Challenges and solutions - Executive summary. European Union publication, Luxemburg. Recovered: https://www.eurofound.europa.eu/publicat ions/executive- summary/2016/labour- market/the-gender-employment-gap- challenges-and-solutions-executive- summary
Amendment 58 #
Proposal for a directive
Recital 7
Recital 7
(7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligationresponsibilities. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilitietasks. Having an ill relative or dependeant relativewith care or support needs has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market entirely with the subsequent harmful repercussions on their social security entitlements, in particular pensions and an increased risk of poverty and social exclusion, especially during old age.
Amendment 65 #
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. LTransferability of parental leave and lack of fully 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 stereotypes and differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexiemployee-oriented adaptable 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, researches1a shows that take-up rates among parents depend on many intertwined factors. Such factors include: a) information about the type(s) of leave available; b) leave(s) compensation and pay disparities; c) availability of childcare facilities; d) prevailing family organisation models; e) and the extent to which workers fear isolation from the labour market when taking leave. __________________ 1aEurofound (2015) Promoting uptake of parental and paternity leave among fathers in the European Union and The gender employment gap: Challenges and solutions (2016).
Amendment 84 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Failure to complete negotiations on the Commission’s proposal for a directive on maternity leave in 2008 was a set-back to progress on reconciliation policies in the Union. A recast of Directives related to maternity, paternity and parental leave in case of birth or adoption remains crucial to workers’ achieving work-life balance, equal access to the labour market and co-responsibility between men and women in caring.
Amendment 87 #
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) The availability of and access to high-quality, adequate and public early childhood education and care for other dependent persons and high-quality social services has proven to be a crucial aspect to work-life balance policies and allow women to fully participate in employment. However there is currently a lack of sufficient infrastructure offering quality and accessible public childcare for all. Investment in community-based, high- quality, accessible and public care should therefore be a priority. Achieving quality services also requires investing in the workforce through the promotion of decent working conditions and quality employment for care professional workers, including decent pay and the recognition of these workers’ status.
Amendment 93 #
Proposal for a directive
Recital 8 c (new)
Recital 8 c (new)
(8c) Investing in community–based public services for persons with disabilities or age related support needs is key for ensuring that women are not forced out of the labour market or unable to remain or re-enter paid employment, in line with the Council Conclusions of 7 December 2017 on Enhancing Community-Based Support and Care for Independent Living.
Amendment 101 #
Proposal for a directive
Recital 11
Recital 11
(11) This Directive lays down minimum requirements related to paternity, and parental and carers' leave and to flexileaves and leave for workers informally providing care and to employee-oriented adaptable working arrangements for parents and workers with caring responsibilities. By facilitating the reconciliation of work and family life for parents and carers, this Directive should contribute to the Treaty-based goals of equality between men and women with regard to labour market opportunities, equal treatment at work and the promotion of a high level of employment in the Union.
Amendment 110 #
Proposal for a directive
Recital 12
Recital 12
(12) This Directive should apply to all workers who have employment contracts or other employment relationships. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency including atypical workers, domestic workers and people engaged in an activity in a self- employed capacity.
Amendment 121 #
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 fully paid and mandatory paternity leave for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth, stillbirth 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.
Amendment 132 #
Proposal for a directive
Recital 14
Recital 14
(14) As the majority of fathers do not avail themselves of their right to parental leave or transfer a considerable proportion of their leave entitlement to mothers, in order to encourage the second parent to take parental leave, this Directive, while maintaining the right of each parent to at least four months of parental leave currently provided for by Directive 2010/18/EU, extends from one to four months the period of parental leave which cannot be transferred from one parent to the other. Ensuring that some parental leave is exclusively available for men prompts fathers to take it, thus promoting fatherhood, especially if the father’s partner is not on leave at the same time. It also promotes and facilitates mothers’ reintegration to work after maternity and parental leave. Creating conditions for a more balanced distribution of the responsibilities of care between both parents certainly contributes to an increase in the participation of men and women in employment.1a __________________ 1aEurofound (2015) Promoting uptake of parental and paternity leave among fathers in the European Union
Amendment 140 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to provide greater possibility forensure that 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. 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. 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 objective and justified circumstances in accordance with national law and collective agreements. In such cases, the employer may be allowed to postpone once and for a maximum period of three months and should provide a reasonable and justified justification for the postponement in writing. Given that employee-oriented adaptable working arrangements 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 forin other employee-oriented working arrangement forms. It should be up to national law and collective agreements to define the conditions for taking parental leave in other flexible formarrangements 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 situationchallenging situations including with regard to children with disabilities, mental health problems, serious medical conditions or illness.
Amendment 157 #
Proposal for a directive
Recital 16
Recital 16
(16) In order to facilitate the return to work following parental leave, workers and employers should be encouraged to maintain contact during the period of leave and maymay request voluntarily to maintain a certain level of contact during the period of leave -without prejudice, however to the worker’s right to disconnect and to fully enjoy the leave without any contact if desired. Contact between workers and employers should not result in any burden or distress particularly for workers and family members and should facilitate the makeing arrangements for any appropriate reintegration measures, to be decided on a voluntary basis between the parties concerned, taking into account national law, collective agreements and practice .
Amendment 166 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to provide greater opportunities to remain in the work force for women and women carrying of children, elderly family member and/or other relatives or dependant in need of care, workers with a seriously ill or dependant relative or support due to old age, a medical reason, a chronic illness, a disability or mental health problem, workers should have the right to take time off from work in the form of carers' leavleave for workers informally providing care to take care of that relativeperson. To prevent abuse of that right, proof of the serious illness or dependencyneed of care or support may be required prior to granting of the leave while protecting at all times the privacy and personal data of both the worker and the person in need of care.
Amendment 177 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) In order to better protect those workers taking breaks from employment to provide informal care, Member States should introduce care credits through labour and social security legislation for both women and men as equivalent periods for building up pension right;
Amendment 180 #
Proposal for a directive
Recital 18
Recital 18
(18) In addition to the right to carers' leavleave for workers informally providing care provided for in this Directive, all workers should maintain their right to take time off from work on the grounds of force majeure for urgent and unexpected family reasons, currently provided for by Directive 2010/18/EU, under the conditions established by the Member States.
Amendment 188 #
Proposal for a directive
Recital 19
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 allowancefully paid (100% of their gross salary) while on leave. The level of the allowance should be at least equivalent to what the worker concerned would receive in case of sick leaveequal to the wage of the worker concerned. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare and pension schemes.
Amendment 205 #
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 flexiemployee-oriented adaptable working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexiadaptable working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and the work organization capacity of employers, it should be possible for Member States to limit the duration of flexiemployee-oriented adaptable 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 maystill a large percentage of female part-time work remains involuntary, partly due to caring responsibilities which leads to life instability, lower social security contributions translating intoand reduced or non-existing pension entitlements. The ultimate decision as to whether or not to accept a worker’s request for flexibleadaptable to their needs working arrangements should lie with the employer, who in case of refusal shall adequately justify in writing the refusal and its grounds and furthermore provide alternative options for working arrangements. Specific circumstances underlying the need for flexiemployee-oriented adaptable 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 218 #
Proposal for a directive
Recital 23
Recital 23
(23) Workers exercising their rights to leave or to request flexiemployee-oriented adaptable working arrangements should be protected against discrimination or any less favourable treatment on that ground.
Amendment 222 #
Proposal for a directive
Recital 24
Recital 24
(24) Workers exercising their rights to take leave or to request flexiemployee-oriented adaptable working arrangements provided for in this Directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for, or have taken such leave or have exercised the right to request such flexiemployee-oriented adaptable working arrangements. Where workers consider that they have been dismissed on those grounds, they should be able to ask the employer to provide duly substantiated grounds for the dismissal in writing.
Amendment 231 #
Proposal for a directive
Recital 25
Recital 25
(25) The burden of proof that there has been no dismissal on the grounds that workers have applied for, or have taken, leave referred to in Article 4, 5 or 6 or have exercised the right to request flexiemployee- oriented adaptable working arrangements referred to in Article 9 should fall on the employer when workers establish, before a court or other competent authority, facts from which it may be presumed that they have been dismissed on such grounds.
Amendment 235 #
Proposal for a directive
Recital 26
Recital 26
(26) In order to ensure the proper implementation of this Directive, Member States shall ensure that labour inspections are in place and furthermore, reassure that adequate human and financial and technical resources are available in order for labour inspections to be conducted. Member States should provide for effective, proportionate and dissuasive penalties in the event of 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. The effective implementation of the principle of equal treatment requires adequate judicial protection of workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this Directive. Victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this Directive. Such protection is particularly relevant as regards workers' representatives in the exercise of their function.
Amendment 237 #
Proposal for a directive
Recital 27
Recital 27
(27) With a view to further improving the level of protection of rights provided for in this Directive, national equality bodies, workers' bodies, social care and children's rights and care bodies should also be competent in the areas covered in this Directive.
Amendment 240 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) Equally, local and regional authorities, which play a key role in drafting, implementing and evaluating policies in areas where they often have vital expertise, such as childcare, care for the elderly and people with disabilities, education and social services or employment, as well as social integration, should be involved in the reflection process and in the implementation of the proposed measures. Moreover, local and regional authorities should also promote best practices and mutual learning on how to best foster a work-life balance.
Amendment 245 #
Proposal for a directive
Recital 28
Recital 28
(28) This Directive lays down minimum requirements, thus givobliging the Member States the option of introducing or maintainingo maintain and encouraging them to introduce more favourable provisions. Rights acquired under the existing legal framework should continue to apply, unless more favourable provisions are introduced by this Directive. The implementation of this Directive cannot be used to reduce existing rights set out in existing Union legislation, national legislation and collective agreements in this field nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Directive.
Amendment 254 #
Proposal for a directive
Recital 30
Recital 30
(30) This Directive should avoid imposing unjustified 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 assess the impact of their transposition act on SMEs in order toprovide guidance and advice on SMEs in order to successfully implement the Directive while ensuring make sure that SMEs are not disproportionately affected, with specific attention for micro- enterprises and for administrative burden.
Amendment 267 #
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) flexiemployee-oriented adaptable working arrangements for workingers parentsing and car/or informally providing care to dependent family members.
Amendment 270 #
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 relationshipnatural persons, irrespective of gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation and nationality, who -in accordance with objective criteria defining the status of a worker (e.g. law, collective agreement and/or practices in force in each Member State), and as showcased in several CJEU cases, performs services of some economic value for and under the direction of another person; services for which remuneration is received in return.
Amendment 283 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) "paternity leave" means leave from work for fathersfully paid and mandatory to take leave from work for fathers or an equivalent second parent as defined in national law to be taken onaround the occasion of the birth, stillbirth or adoption of a child;
Amendment 296 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) “parental leave” means fully paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 309 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) "informal carer" means a worker informally providing personal care or support in case of a serious illness or dependency of a relativen illness, chronic illness, disability, age related impairment or illness, mental illness or dependency of a relative or a person in their immediate circle; this type of care is provided outside a professional or formal employment framework;
Amendment 330 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) "relative" means at least a worker's first-degree relative (son, daughter, mother, father, spouse or partner in civil partnership, where such partnerships are envisaged by national lawibling) and second-degree relatives (uncles, aunts, nephews, nieces, grandparents, grandchildren, half- siblings), spouse or partner in civil partnership, where such partnerships are envisaged by national law as well as step- siblings, step- and foster children both in the own and in the spouse’s or partner’s family and children under legal guardianship;
Amendment 340 #
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) “designated third party” means a worker to whom a parent transfers their right to leaves covered in this Directive;
Amendment 341 #
Proposal for a directive
Article 3 – paragraph 1 – point d b (new)
Article 3 – paragraph 1 – point d b (new)
(db) “personal care and support” means personalised assistance, care or support informally performed by a worker to an individual with dependency, disability, age impairment, mental illness or other physical, health and/or mental conditions that do not allow the person to participate fully in society;
Amendment 344 #
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 354 #
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) “flexiemployee-oriented adaptable working arrangements” means the possibility for workers to adjust their working time patterns on a voluntary basis, including through the use of remote working arrangements, flexiadjustable working schedules, or a reduction in working hours.
Amendment 373 #
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 takeor an equivalent second parent or partner as defined in national law have mandatory paternity leave of at least ten working days onaround the occasion of the birth, stillbirth or adoption of a child.
Amendment 387 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of marital or family status as defined in national law and irrespective of their length of service or status of their employment.
Amendment 393 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall assess the need for arrangements needed to make sure the application of paternity leave is adapted to the needs of multiple births, premature births, adoptive parents, parents with disabilities, parents with mental health problems, parents with children with a disability or with a mental health problem.
Amendment 405 #
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 paid, non- transferable parental leave of at least four months to be taken alternatively by each parent before the child reaches a given age which shall be at least twelve.
Amendment 412 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Member States shall put in place special provisions for single parents, introducing a minimum period of eight months of paid leave. Single parents, as defined by national law, shall be allowed to transfer the leave period allocated to the second parent to a designated third party of their choice;
Amendment 413 #
Proposal for a directive
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
1b. Member States shall put in place special provisions for parents with disabilities, introducing a minimum period of eight months of paid leave. Parents with disabilities shall have the right to transfer a part of the given parental leave to a designated third party.
Amendment 423 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least four months of parental leave cannot be transferred and that the allowed transferable entitlement will be gradually reduced until the complete individualization of leaves.
Amendment 427 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States, after conducting social dialogue with the related stakeholders and unions, 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 and workers. Member States shall ensure that the worker's request specifies the intended beginning and end of the period of leave.
Amendment 434 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 444 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed once to postpone the granting of parental leave by a reasonable period of timeperiod of three months maximum 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 451 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall take the necessary measures to ensure that workers have the right to requestdemand parental leave also on a part-time basis, in blocks separated by periods of work or in other flexible forms. Employersadaptable to their needs forms. Employers, acting in accordance with the national legislation and collective agreements, shall consider and respond to such requests, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request and set out the grounds in writing.
Amendment 459 #
Proposal for a directive
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Member States shall assess the need for the conditions of access and detailed arrangements forneeded to make sure the application of parental leave to beis adapted to the needs of adoptive parents, parents havingwith a disability, parents with mental health problems and parents with children with a disability or, a long-term illness or mental health problems.
Amendment 470 #
Proposal for a directive
Article 6 – title
Article 6 – title
Amendment 479 #
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'non-transferable leave of at least fitwelve working days per year, per worker who informally provides care to relatives and/or other dependent persons. Such right may be subject to appropriate substantiation of the medical condition of the worker's relativesupport needs of the person requiring such support.
Amendment 493 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
The information on the medical or mental condition or situation of loss of autonomy should be kept confidential and be shared only with a restricted number of involved services to safeguard the right to data protection of both the worker and the person in need of care.
Amendment 501 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons, in particular in cases of illness, mental health problems or accident making the immediate presence of the worker indispensable. Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both.
Amendment 504 #
Proposal for a directive
Article 8 – title
Article 8 – title
Amendment 508 #
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 leavf 100% of the worker’s gross wage.
Amendment 529 #
Proposal for a directive
Article 9 – title
Article 9 – title
Amendment 533 #
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 carerworkers who informally provide care to relatives and/or dependent persons, have the right to request flexiemployee-oriented adaptable working arrangements for caring purposes. The duration of such flexiemployee-oriented adaptable working arrangements shall be reversible, worker friendly and applicable to all forms of contracts. The duration of such employee- oriented adaptable working arrangements may be subject to a reasonable limitation.
Amendment 552 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Employers shall consider and respond in writing to requests for flexiemployee-oriented adaptable working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall adequately justify any refusal and its grounds of such a request and shall provide alternative options in writing.
Amendment 563 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. When flexiemployee-oriented adaptable working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies requested. Employers shall be obliged to consider and respond to such requests in writing, taking into account the needs of both employers and workers.
Amendment 569 #
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Member States shall assess the need for arrangements needed to make sure the application of employee-oriented adaptable worktime arrangements are adjusted to the needs of adoptive parents, disabled parents, parents with mental health problems, parents of children with a disability, a long-term illness or mental health problems.
Amendment 589 #
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3a. Member States shall ensure that periods of leave referred to in Article 4, 5 or 6 are considered to be equivalent to periods of employment and therefore taken into account as such for the calculation of all social security entitlements, including for pensions.
Amendment 591 #
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article 10a Collective agreements and bargaining Social partners play an important role in establishing (or improving) provisions for work life balance measures, among other parental and paternity leaves through collective agreements. Collective agreements can function as guidance or reinforcement of existing national-level policies and support the implementation of initiatives that promote gender equality in employment and work-life balance.
Amendment 595 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or on the ground that they have exercised their right to flexiemployee-oriented adaptable working arrangements referred to in Article 9.
Amendment 610 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers, 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 flexiemployee-oriented adaptable working arrangements referred to in Article 9.
Amendment 627 #
Proposal for a directive
Article 13 – title
Article 13 – title
Penalties and compensation
Amendment 629 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall lay down rules on penalties and compensation for damages 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 mayshall take the form of a fine. They may also comprise payment of compensation.
Amendment 632 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensure that the body or bodies designated, pursuant to Article 20 of Directive 2006/54/EC, for the promotion, analysis, monitoring and support of equal treatment of parents and workers who informally provide carers without gender discrimination on grounds of sex areare also competent for issues falling within the scope of this Directive. These national bodies shall also be competent for issues falling withinin monitoring the implementation of this Directive on national level and provide gender disaggregated data to EIGE in order to allow for the scproper monitoring and assessment of this Directive's application.
Amendment 641 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States may introduce or maintain provisions that are more favourable to workers than those laid down in this Directive. They shall however ensure that at least four months of parental leave remain non-transferable in accordance with Article 5(2) while progressively guarantee the non-transferability of leaves in accordance with the principle of individual social entitlements.
Amendment 657 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. At the latest, by fivthree years after the entry into force of this Directive, Member States shall communicate to the Commission all relevant information concerning the application of this Directive necessary for the Commission to draw up a report to the European Parliament and the Council on the application of this Directive.
Amendment 660 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. At the latest, by three years after the entry into force of this Directive, the Commission shall assess the possibility of recasting the Directives on maternity, paternity, parental and informal carer’s leave into a single European Directive providing for an equal and non- transferable parental leave entitlement for parents in case of childbirth or adoption;
Amendment 662 #
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 and the assessment pursuant to paragraph 1a, the Commission shall submit to the European Parliament and the Council a report in which it reviews the application of this Directive, accompanied, if appropriate, by a legislative proposal.
Amendment 670 #
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The Commission shall also assess soon after the date of entry into force of this Directive its compliance with the principle of equal treatment of different levels of income replacement for different types of leave and introduce immediately the necessary legislative measures if such discrimination is identified.
Amendment 673 #
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Article 18 a Non-regression 1. The implementation of this Directive shall not constitute grounds for diminishing the general level of protection already enforced to workers within Member States. 2. This Directive shall not affect Member States' prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers’ rights and leaves. 3. This Directive is without prejudice affecting any application of more favourable collective agreements that improve workers’ rights and leaves. 4. This Directive is without prejudice affecting any other rights conferred on workers by other legal acts of the Union.