116 Amendments of João PIMENTA LOPES related to 2017/0085(COD)
Amendment 32 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on work-life balance for parents and carers and repealing Council Directive 2010/18/EU
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 46 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) The demographic crisis and low birth rates in the EU are inseparable from policies that promote unemployment, job instability, disregard for and violation of maternity and paternity rights in the workplace, low salaries, deregulation and increased working hours, and the lack of a public network of social childcare facilities which guarantee access irrespective of families’ economic situations;
Amendment 48 #
Proposal for a directive
Recital 5 b (new)
Recital 5 b (new)
(5b) For the social role of motherhood – aside from its contribution to the reversal of the low birth rate – to be recognised, a multi-sectoral response, with particular focus on economic and social issues, is necessary. Jobs with rights and which put an end to job insecurity and instability must urgently be created; wages must be increased; working time must be organised and reduced, making it possible to improve work-life balance; maternity, paternity and parental rights must be bolstered, and compliance with fundamental rights must be monitored; social benefits, particularly the family allowance, must be increased and access to them extended; a tax policy must be introduced which relieves the pressure on workers’ incomes and household consumption; a public network of crèches and childcare facilities must be set up; primary and hospital care must be stepped up, guaranteeing the right and access to sexual and reproductive health, family planning and to maternal and child health, work on infertility issues must be stepped up, and support for people with disabilities must be increased and integrated into national public, universal and free healthcare services; access to a public, free and high-quality education system must be possible, and access to affordable housing must be possible;
Amendment 52 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Stresses that a policy promoting work-life balance cannot be uncoupled from labour regulations which protect workers’ rights, bring an end to flexible working hours and employment relations and prevent all forms of insecure employment. Also points out that increasing wages, having strong regulations and strong labour and social protection provisions in force, reducing hours, and the existence of universal public services are key to guaranteeing at least an equal relationship between time spent at work, resting and enjoying free time.
Amendment 56 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
5a. The demographic crisis and low birth rates in the EU are inseparable from policies that promote unemployment, job instability, disregard for and violation of maternity and paternity rights in the workplace, low salaries, deregulation and increased working hours, the lack of a public network of social childcare facilities which guarantee access irrespective of families’ economic situations;
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 58 #
Proposal for a directive
Recital 5 b (new)
Recital 5 b (new)
5b. For the social role of motherhood and fatherhood, aside from their contribution to the reversal of the low birth rate, to be recognised, a multi- sectoral response is necessary, with a particular focus on economic and social issues. Jobs with rights and which put an end to job insecurity and instability must urgently be created; wages must be increased; working time must be organised and reduced, making it possible to improve work-life balance; maternity, paternity and parental rights must be bolstered, and compliance with fundamental rights must be monitored; social benefits, particular the family allowance, must be increased and access to them extended; a tax policy must be introduced which relieves the pressure on workers’ incomes and household consumption; a public network of crèches and childcare facilities must be set up; primary and hospital care must be stepped up, guaranteeing the right and access to sexual and reproductive health, family planning and to maternal and child health, work on infertility issues must be stepped up, and support for people with disabilities must be increased and integrated into national public, universal and free healthcare services; access to a public, free and high-quality education system must be possible, and access to affordable housing must be made possible;
Amendment 61 #
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 mainly on female employment. A majordetermining factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations. W, aside from discrimination in access to work and in their employment status and payment and in the types of work open to them, is the difficulty of balancing work and family responsibilities. Owing to the worsening employment conditions and relations, wage discrimination and low salaries, all of which affect women in particular, the low levels of social protection and maternity and paternity rights protection, along with the limited provision of help with childcare, when they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. Having an ill or dependent relative has also been shown to have a more obvious negative impact on female employment, leading somea significant number of women to drop out of the labour market entirely.
Amendment 63 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
6a. Stresses that a policy promoting work-life balance cannot be uncoupled from labour regulations which protect workers’ rights, bring an end to flexible working hours, working time and employment relations and prevent all forms of insecure employment. Also points out that increasing wages, having strong regulations and strong labour and social protection provisions in force, reducing hours, and the existence of universal public services are key to guaranteeing at least an equal relationship between time spent at work, resting and enjoying free time.
Amendment 66 #
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 fully paid paternity and parental leave in many Member States contributes to the low take- up of such leave by fathers and therefore not only puts fathers off taking it but also fuels inequality and discrimination between men and women who, on average in the EU, are paid 16.2% less than men. 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.
Amendment 66 #
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 mainly on female employment. A majordetermining factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations. W, aside from discrimination in access to work and in their employment status and payment and in the types of work open to them, is the difficulty of balancing work and family responsibilities. Owing to the worsening employment conditions and relations, wage discrimination and low salaries, all of which affect women in particular, the low levels of social protection and maternity and paternity rights protection, along with the limited provision of help with childcare, when they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. Having an ill or dependent relative has also been shown to have a more negative impact on female employment, leading somea significant number of women to drop out of the labour market entirely.
Amendment 80 #
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 situation is worse in countries where leave is 100% unpaid, which not only disincentivises people from using leave but also fuels inequality and discrimination between men and women, who, on average, receive salaries 16.2% lower than men’s in the EU28. 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.
Amendment 81 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) For work-life balance and gender equality in the provision of care and access to the labour market to be achieved, Council Directive 92/85/EEC must be updated. The European Parliament has already expressed its position on that matter and the EU should give priority to revising that Directive. Proposals which should be considered with a view to protecting motherhood and acting in the best interests of the child include: increasing the maternity leave period (in line with the WHO’s recommendation that during the first six months of their lives, children should be breastfed only), increasing obligatory maternity leave, payment in full of salaries during leave and creating leave specifically for parents of premature or hospitalised newborns.
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 88 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) To achieve work-life balance and gender equality in the provision of care, Council Directive 92/85/EEC must be revised and updated. Parliament’s position is a good starting point for revision, and that revision must be given priority. Increasing the maternity leave period (in line with the WHO’s recommendation that during the first six months of their lives, children should be breastfed only), increasing obligatory maternity leave, guaranteeing full payment of salaries during leave and creating leave specifically for parents of premature or hospitalised newborns are proposals which should be considered with a view to protecting motherhood and acting in the best interests of the child.
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, parental and carers'family assistance leave and to flexible working arrangements with suitable hours 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 102 #
Proposal for a directive
Recital 11
Recital 11
(11) This Directive lays down minimum requirements related to paternity, parental and carers'family assistance leave and to flexible working arrangements with suitable hours 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 114 #
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, with an obligatory period, to be taken on the occasion of the birth 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 117 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Fathers’ rights should not be recognised and strengthened at the expense of mothers’ rights, through either the withdrawal or the weakening of them. Parents should be encouraged to share family responsibilities with a view to dividing them in a balanced and fair manner. For that to be achieved, mothers’ rights and fathers’ rights must be enshrined separately so that they can exercise them in a complementary manner, free of the inequality that working and social conditions force on them, paving the way for dynamic social progress towards real equality between women and men in this as in other areas of life in society.
Amendment 118 #
Proposal for a directive
Recital 13 b (new)
Recital 13 b (new)
(13b) The free decision of the woman and the couple regarding how to share parental leave must take into account not only the socio-economic and cultural elements of parenthood but also the biological elements, given the need to guarantee women support and care during pregnancy, childbirth and the postnatal and breastfeeding periods.
Amendment 122 #
Proposal for a directive
Recital 14
Recital 14
(14) As tThe 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 because the salary percentage that they forfeit by taking the leave penalises the household too much and, taken together, these decisions serve to perpetuate gender inequalities. At the same time, owing to an absence of effective mechanisms for monitoring the application of labour law, sometimes men – and even women – are unable to exercise their right of each parent to at least four monthss as fathers or mothers and parents. Payment of salaries in full for those ofn 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 otherare a prerequisite to leave being shared fairly, with the length of the period taken by each parent being determined freely by the couple.
Amendment 125 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Fathers’ rights should not be recognised and strengthened at the expense of mothers’ rights, through either the withdrawal or the weakening of them. Parents should be encouraged to share family responsibilities with a view to dividing them in a balanced and fair manner. For that to be achieved, mothers’ rights and fathers’ rights must be enshrined separately so that they can exercise them in a complementary manner, free of the inequality that working and social conditions force on them, paving the way for dynamic social progress towards real equality between women and men in this as in other areas of life in society.
Amendment 125 #
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 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 whethduring the period when they most need it and it will be most beneficial for raising their children in a harmonious manner, 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 postpshould be granted for a consecutive, uninterrupted period following the birth of the child of no less than six months, in line with the WHO’s recommendation. Member States may provide for the establishment of supplementary parental leave to enable parents to care for their children beyoned the grantingperiod of parental leave uander 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- until the child is twelve years old. The supplementary leave may be taken consecutively, in staggered periods or in combination with part-time work. Member States should be able to specify the period of notimce 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- timto be given by the worker to the employer when applying for parental leave. 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.
Amendment 127 #
Proposal for a directive
Recital 13 b (new)
Recital 13 b (new)
(13b) The free decision of the woman and the couple regarding how to share parental leave must take into account not only the socio-economic and cultural elements of parenthood but also the biological elements, given the need to guarantee women the support and care necessary during pregnancy, childbirth and the postnatal and breastfeeding periods.
Amendment 128 #
Proposal for a directive
Recital 14
Recital 14
(14) As tThe 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 par because the salary percentage that they forfeit by taking the leave penalises the household too much and, takent to take parental leagether, these decisions serve, this Directive, while maintaining the right of each parent to at leasto perpetuate gender inequalities. At the same time, owing to an absence of effective mechanisms four months of parental leave currently provided for by Directive 2010/18/EU, extends from one to fouitoring the application of labour law, sometimes men – and even women – are denied the opportunity to exercise their rights as fathers or months the perioders and parents. Payment of salaries in full for those ofn parental leave which cannot be transferred from one parent to the other. is a prerequisite to leave being shared fairly, with the length of the period taken by either parent being determined freely by the couple.
Amendment 133 #
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 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 whethduring the period when they most need it and it will be most beneficial for raising their children in a harmonious manner, 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 grantingshould be granted for a consecutive, uninterrupted period following the birth of the child of no less than six months, in line with the WHO’s recommendation. Member States may provide for the establishment of supplementary parental leave to enable parents to care for their children beyond the period of parental leave uander 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- until the child is twelve years old. The supplementary leave may be taken consecutively, in staggered periods or in combination with part-time work. Member States should specify the period of notimce 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- timto be given by the worker to the employer when applying for parental leave. 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.
Amendment 140 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
Amendment 143 #
Proposal for a directive
Recital 16
Recital 16
Amendment 152 #
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 or dependant relative should have the right to take time off from work in the form of carers' leave to take care of that relative. To preventestablish a proper legal framework and the necessary assistance for close family – whether older or younger generations – in force majeure, emergency or unforeseen situations without causing the worker’s employment relationship and status to suffer, Member States should provide in labour law for family-related leave with a number of days that can be taken every year and which enables workers to justify work abusence ofn that right, proof of the serious illness or dependency may be required prior to granting of the leavee basis of provision of direct assistance to family members, whether children or elderly and/or other relatives in need of care. Proof of the nature of the assistance may be required.
Amendment 153 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
Amendment 155 #
Proposal for a directive
Recital 16
Recital 16
Amendment 157 #
Proposal for a directive
Recital 18
Recital 18
Amendment 163 #
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 or dependant relative should have the right to take time off from work in the form of carers' leave to take care of that relative. To preventestablish a proper legal framework and the necessary assistance for close family – whether older or younger generations – in force majeure, emergency or unforeseen situations without causing the worker’s employment relationship and status to suffer, Member States should provide in labour law for family-related leave with a number of days that can be taken every year and which enables workers to justify work abusence ofn that right, proof of the serious illness or dependency may be required prior to granting of the leavee basis of provision of direct assistance to family members, whether children or elderly and/or other relatives in need of care. Proof of the nature of the assistance may be required.
Amendment 169 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) To increase the incentives for workers with children and family responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to pay equivalent to 100% of their salary. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 172 #
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 with suitable hours, 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 reduca reduction in working hours to enable them to breastfeed or bottle-feed working hours may lead to lower social security contributions translating into reduced or non-existing pension entitlements. The ultimate decision as to whe make it easier for them to fulfil their 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 requiresresponsibilities to their families. Workers should have the right to return to their original working patterns at the end of a given agreed period.
Amendment 179 #
Proposal for a directive
Recital 18
Recital 18
(18) In addition to the right to carers'family assistance leave provided for in this Directive, all workers should maintain their right to take time off from work, without loss of employment rights, on the grounds of force majeure for urgent and unexpected family reasons, currently provided for by Directive 2010/18/EU, under the conditions established bynotably in situations involving long-term illness or disability, in accordance with the conditions established by law and/or collective agreements in each of the Member States.
Amendment 187 #
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.
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 201 #
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 with suitable hours, 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, 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 requiresa reduction in working hours to enable them to breastfeed or bottle-feed or make it easier for them to fulfil their responsibilities to their families. Workers should have the right to return to their original working patterns at the end of a given agreed period.
Amendment 206 #
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) No further EU regulation, including regulations resulting from country-specific recommendations or macroeconomic conditionalities, should encourage the removal in any Member State of existing and acquired rights which fall within the scope of this Directive.
Amendment 214 #
Proposal for a directive
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
a) paternity leave, parental leave and carers’family assistance leave;
Amendment 217 #
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.
Amendment 217 #
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
b) flexible working arrangements with suitable hours in the period following parental leave for working parents and carers.
Amendment 223 #
Proposal for a directive
Recital 24
Recital 24
(24) Workers exercising their rights to take leave or to request flexible 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 flexible working arrangements. Where workers consider that they have been dismissed on those grounds, they should be able to with suitable hours. Dismissals instigated in this context should be considered null and void, with suitable procedures for reintegrating and compensating the worker, as well ask the employer to provide duly substapplication of sanctiated grounds for the dismissalons against the employer taking such action.
Amendment 232 #
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 flexible working arrangements with suitable hours 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 groundsreport a presumed dismissal on such grounds to a court or other competent authority.
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 248 #
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29a) No further EU regulation, including regulations resulting from country-specific recommendations or macroeconomic conditionalities, should encourage the removal in any Member State of existing and acquired rights which fall within the scope of this Directive.
Amendment 248 #
Proposal for a directive
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) “supplementary parental leave” means time off to care for children up to 12 years old;
Amendment 250 #
Proposal for a directive
Recital 30
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 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 forIn parallel to the implementation of this Directive, Member States should draw up a set of administrative, financial and legal measures to bolster the productivity of small and medium-sized undertakings, guaranteeing that leave can be taken without having an impact on SMEs, particularly in terms of the administrative burden.
Amendment 258 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
c) “carer"family assistance” means a worker providing personal carassistance or support in case of a seriousn urgent or unexpected situation, an illness or dependency of a relative;
Amendment 265 #
Proposal for a directive
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
a) paternity leave, parental leave and carers'family assistance leave;
Amendment 268 #
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
b) flexible working arrangements for working parents and carerswith suitable hours for working parents in the period following parental leave.
Amendment 277 #
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 in the laws and collective agreements and/or by the practices in force in each Member State.
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 283 #
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
f) “flexible working arrangements with suitable hours” means the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in or reduce their working hours.
Amendment 288 #
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 obligatory paternity leave on the occasion of the birth of a child of at least ten30 working days on the occasion of the birth of a childat the same time as the mother’s obligatory maternity leave, with at least 15 consecutive and obligatory days immediately after birth. Member States should also consider establishing an additional, optional 30- day paternity leave period which may be taken during the parental leave period or immediately after that period ends.
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 316 #
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 individualthe right to parental leave of at least four months to be taken before th180 working days to be taken immediately after the birth, leave cwhild reaches a given age which shall bch the couple may freely decide to share between themselves, but both the mother’s and the fat least twelvher’s obligatory periods must remain in place.
Amendment 324 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 340 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 341 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
Amendment 356 #
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) “flexible "working arrangements” with suitable hours" means 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.
Amendment 360 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Amendment 362 #
Proposal for a directive
Article 6 – title
Article 6 – title
Amendment 366 #
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 obligatory paternity leave on the occasion of the birth of a child of at least ten30 working days on the occasion of the birth of a childat the same time as the mother’s obligatory maternity leave, with at least 15 consecutive and obligatory days immediately after birth. Member States should also consider establishing an additional, optional 30- day paternity leave period which may be taken during the parental leave period or immediately after that period ends.
Amendment 371 #
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'family assistance leave of at least fivefteen working days per year, per worker. Such right may be subject to appropriate substantiation of the medical condition of the worker's relative.
Amendment 376 #
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 cases of illness 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 384 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
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 392 #
Proposal for a directive
Article 9 – title
Article 9 – title
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 397 #
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 have the right to working arrangements with suitable hours which enable them to brequest flexible working arrangements for caring purposastfeed or bottle-feed or fulfil their responsibilities to their families. The duration of such flexible working arrangements may be subject to a reasonable limitation.
Amendment 399 #
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 individualthe right to parental leave of at least four months to be taken before the child reaches a given age which shall b180 working days to be taken immediately after the birth. The couple may freely decide to share the leave between themselves, except for the mother’s and the fat least twelveher’s own mandatory periods.
Amendment 400 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 415 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 417 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. When flexiblthe 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. Employers shall be obliged to consider and respond to such requests, taking into account the needs of both employers and workerworkers’ needs.
Amendment 426 #
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 and workersworkers and employers – particularly the employers’ –when they are carrying out the requisite procedures to cover the workers’ absence while they are on parental leave . Member States shall ensure that the worker's request specifies the intended beginning and end of the period of leave.
Amendment 433 #
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 flexiblthe working arrangements referred to in Article 9.
Amendment 434 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 436 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 449 #
Proposal for a directive
Article 16 – title
Article 16 – title
Level of protection and non-regression
Amendment 450 #
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 request parental leave also on a part-time basis, in blocks separated by periods of work , creating reporting, monitor in other flexible forms. Employers 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 ing and inspection systems to ensure that this right is complied writingh.
Amendment 450 #
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 provisions adopted in this Directive do not make it possible four months of parental leave remain non-transferable in accordance with Article 5(2workers to be stripped of more favourable rights enshrined in national law. The definition of minimum rights levels in this Directive may not justify workers being stripped of protection or rights in any Member State under the pretext that the EU is imposing new rules (including in the context of country-specific recommendations).
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 471 #
Proposal for a directive
Article 6 – title
Article 6 – title
Amendment 484 #
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'family assistance leave of at least fivefteen working days per year, per worker. Such right may be subject to appropriate substantiation of the medical condition of the worker's relative.
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 499 #
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 cases of illness 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 bothIn the case of dependents with disabilities or long-term illness, the enjoyment of this right includes the guarantee of full remuneration and labour rights.
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 503 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Supplementary parental leave 1. Member States shall consider establishing supplementary parental leave, lasting no less than 3 months per parent, which enables parents to provide assistance after they have taken their parental leave to a child or adopted minor up to 12 years old. 2. Whether and how to take or share the leave shall be freely decided by the couple. 3. Member States shall lay down the conditions under which leave may be taken consecutively, for staggered periods or spread over a period longer than 3 months if taken by a parent working part- time. 4. Member States shall determine the deadlines by which workers must tell their employers that they will take the leave and provide their employers with the substantiation necessary for them to take the leave.
Amendment 504 #
Proposal for a directive
Article 8 – title
Article 8 – title
Amendment 505 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
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 531 #
Proposal for a directive
Article 9 – title
Article 9 – title
Amendment 535 #
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 purposwith suitable hours which enable them to breastfeed or bottle-feed or fulfil their responsibilities to their families. The duration of such flexible working arrangements may be subject to a reasonable limitation.
Amendment 549 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 564 #
Proposal for a directive
Article 9.º – paragraph 3
Article 9.º – paragraph 3
3. When flexiblthe 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. Employers shall be obliged to consider and respond to such requests, taking into account the needs of both employers and workerworkers’ needs.
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 597 #
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 flexiblthe working arrangements referred to in Article 9.
Amendment 609 #
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 flexible working arrangements referred to in Article 9. Workers who exercise their right to leave shall be protected from dismissal and any preparations for dismissal on the grounds that they have applied for, or have taken, such leave or have requested working arrangements with suitable hours.
Amendment 613 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Workers who considerThe burden of proof that theyre haves been no dismissedal on the grounds that theyworkers have applied for, or have taken, leave referred to in Article 4, 5 or 6 or ofhave exercisinged the right to request flexible working arrangements with suitable hours referred to in Article 9 may request the employer to provide duly substantiated grounds for the dismissal. The employer shall provide those grounds in writingshould fall on the employer when workers report a presumed dismissal on such grounds to a court or other competent authority.
Amendment 621 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Member States shall take the 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 bDismissals instigated in this context shall be considered null and void, with suitable procedures for reinstating and compensating the fwor the respondent to prove that the dismissal was based on grounds other than those referred to in paragraph 1kers concerned, as well as the imposition of penalties on the employer taking such action.
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 634 #
Proposal for a directive
Article 16 – title
Article 16 – title
Level of protection and non-regression
Amendment 636 #
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 leav provisions adopted in this Directive shall not allow workers to be stripped of more favourable rights available under national law. The definition of minimum levels of rights in this Directive may not serve as grounds to deprive workers of protection or rights in any Member State under the premain non-transferable in accordance with Article 5(2text that the Union is imposing new rules (including for the purposes of country- specific recommendations).
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.