14 Amendments of Rory PALMER related to 2017/0085(COD)
Amendment 69 #
Proposal for a directive
Recital 8
Recital 8
(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment. Furthermore, Eurofound research shows that take-up rates among parents depend on many intertwined factors. Such factors include: information about the leave available; leave compensation and pay disparities; availability and flexibility of childcare facilities; prevailing family organisation models; and the extent to which workers fear isolation from the labour market when taking leave.1a __________________ 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 119 #
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 paid and mandatory paternity leave for fathers to be taken on the occasion of the birthor an equivalent second parent as defined in national law to be taken around the time 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 219 #
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 233 #
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 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 282 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) "paternity leave" means paid and mandatory leave from work for fathers to be taken on the occasion of the birth of a child;or an equivalent second parent as defined in national law to be taken around the time of the birth, stillbirth or adoption of a child; The right to paternity leave referred in paragraph 1 shall be granted irrespective of their length of service or the status of their employment relationship.
Amendment 303 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 368 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that fathers or the equivalent second parents as defined in national law have the right to takea mandatory paternity leave of at least ten working days on the occasion of the to be taken around the time of the birth, stillbirth or adoption of a child. Member states may determine whether the leave can also be taken partly before or only directly after the birth, stillbirth ofr adoption of the child.
Amendment 386 #
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 but also irrespective of their length of service or the status of their employment relationship.
Amendment 391 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall assess the need for the conditions of access and detailed arrangements for the application of paternity leave to be adapted in case of multiple births, premature births, disability. Member States may define other cases for special arrangements for the application of paternity leave.
Amendment 433 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 550 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify in writing any refusal or postponement of such a requests within a reasonable period of time following the submission of the application. This justification shall be based on exceptional circumstances that are specifically laid down by law, collective agreements and/or practices in force in each Member State.
Amendment 582 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. .Member States shall define the status of the employment contract or employment relationship for the period of leave referred to in Article 4, 5 or 6, including as regards entitlements to social security, while ensuring that the employment relationship is maintained during that period but also without prejudice to entitlements to social security including pension contribution which the worker remains subject to throughout thate period of leave.
Amendment 617 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Workers who consider that they have been dismissed on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6 or of exercising the right to request flexible working arrangements referred to in Article 9 may request the employer to provide duly substantiated grounds for the dismissal. The employer shall provide those grounds in writing.
Amendment 653 #
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17 a More favourable provisions 1. The implementation of this directive shall not constitute valid grounds for reducing the general level of protection already afforded 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 or to encourage or permit the application of collective agreements more favourable to workers. 3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.