46 Amendments of Marian HARKIN related to 2017/0085(COD)
Amendment 34 #
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. Moreover, the Convention, in its Article 23, provides that States Parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities.
Amendment 45 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Informal carers or family carers currently provide 80% of all care across the EU, free of charge. The prevalence of informal care in Europe coupled with the pressure on public expenditure in some countries renders this form of support even more important in the future. It is therefore clear that informal care needs to be supported and measures that enable carers to combine care with work are indispensable in this respect.
Amendment 54 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The 2013 European Parliament Own Initiative Report entitled ‘Impact of the crisis on access to care for vulnerable groups’ (2013/2044) specifically calls for a Directive on Carers’ Leave
Amendment 60 #
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 responsibilities. Having an ill or dependent relative has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market entirely.
Amendment 63 #
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 obligations. 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 negative impact on female employment, leading some women to drop out of the labour market entirely. This in turn has negative financial consequences, as the social security and pension rights of these carers may be affected as a result. There is a strong business case to address the needs of working carers, as this can lead to better outcomes such as reduced absenteeism, attracted and retained staff, and better motivation of staff.
Amendment 78 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The availability of quality, accessible, and affordable care infrastructures – supporting childcare as well as care for other dependants – has proven to be a crucial aspect to work-life balance policies. However, the majority of EU Member States have still not yet achieved the so-called Barcelona objectives for childcare, set in 2002. The achievement of these objectives is crucial to allow women to fully participate in employment. Moreover, funding for community-based services for persons with disabilities or other 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 80 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Member States and, where appropriate, the European Union, should take measures under the European Pact for Gender Equality (2011-2020) and its provisions on the promotion of a better work-life balance to improve the supply of adequate, affordable, high-quality childcare services for children under the mandatory school age in line with the objectives set at the European Council in Barcelona in March 2002. Commission Recommendation 2013/112/EU[21] “Investing in children: breaking the cycle of disadvantage” also stresses the need to improve access to sufficient resources and to achieve the Barcelona objectives on childcare facilities for young children. At the same time, work-life balance and gender equality need to be complemented by investment in quality long-term care and diversification of services in this area.
Amendment 88 #
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) In order to improve work-life balance, discriminatory practices such as the persistent gender pay gap should be tackled as to eventually ensure greater equity in the labour market. Member States together with the social partners and relevant stakeholders should include gender equality education in their curricula in compulsory and pre-school education and to continue with public authorities’ efforts to provide information and raise awareness. Policies on equal treatment should aim at addressing the issue of stereotypes in both male and female occupations and roles and social partners should act upon their key role in informing both workers and employers and in raising their awareness about tackling discrimination.
Amendment 91 #
Proposal for a directive
Recital 8 c (new)
Recital 8 c (new)
(8c) To better assess the impact of the underlying and other related legislation, relevant data such as the number of working hours, pay, position, including a breakdown by gender and age should be collected and published at local, regional and national level in order to document intersectional discrimination and shape policies in a targeted and resource- efficient way. The European Institute for Gender Equality (EIGE), the European Foundation for the Improvement of Living and Working Conditions (EUROFOUND) and the European Centre for the Development of Vocational Training (Cedefop) together with national and regional equality bodies should continuously update work-life balance indicators to ensure data is relevant and timely.
Amendment 97 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Social partners should be constantly encouraged by Member States to continue their active work on ways to facilitate reconciliation of work, private and family life and improve gender equality and equal treatment in the labour market through education, adult learning, raising awareness and information campaigns.
Amendment 104 #
Proposal for a directive
Recital 11
Recital 11
(11) This Directive lays down minimum requirements related to paternity, parental and carers' leave and to flexible 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. Current demographic developments, lead to increasing care needs due to the ageing of society on the one hand and the diminishing informal care potential on the other (due to smaller and more dispersed families and increasing female labour market participation). This requires a combination of investments in appropriate long-term care services and practical measures such as care leave and respite care that allows carers to maintain an active professional life.
Amendment 115 #
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) Union legislation ensures the principle of equal treatment between various types of employment relationships, prohibits any direct or indirect discrimination based on sex in matters of employment, occupation, social protection and access to goods and services, ensures portability and preservation of rights in case of mobility between Member States and guarantees minimum requirements for the acquisition and preservation of supplementary pension rights across borders, as well as minimum requirements in terms of transparency of occupational schemes.
Amendment 116 #
Proposal for a directive
Recital 12 c (new)
Recital 12 c (new)
(12c) As labour markets evolve, social protection systems need to evolve too, to ensure that the European social model is future-proof and that it enables Union societies and economies to make the most of the future world of work. However, in most Member States, the rules governing contributions and entitlements of social protection schemes are still largely based on full-time open-ended contracts between a worker and a single employer while other groups of workers and the self-employed have been more marginally covered. Evidence shows that some non- standard workers and some self-employed have insufficient access to the branches of social protection which are more closely related to the labour market status or type of employment relationship. Social protection rights are not always preserved and transferred when individuals are transiting between different labour market statuses, for instance going from employment to self-employment or unemployment, combining salaried employment and self-employment, starting or closing down a business.
Amendment 143 #
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 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 makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave, workers should be able to request to take parental leave on a full-time or part-time basis or in other flexible forms. It should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full-time. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situationsspecific situations, in particular with regard to children with disabilities, children with special needs or with serious medical conditions or illness, in accordance with their national law and practice.
Amendment 162 #
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 a reasonable level of contact during the period of leave and may make arrangements for any appropriate reintegration measures, to be decided between the parties concerned, taking into account national law, collective agreements and practice.
Amendment 164 #
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 ofwho care for elderly family members and/or other relatives in need of care, all workers with a seriously ill or dependaent relative should have the right to take time off from work in the form of carers' leave to take care of that relative. This not only reflects the current care provision reality, with increasing care needs on the one hand and a deficit in the supply of formal long-term care options, it will also help carers to maintain their attachment to the labour market and prevent them from dropping out altogether when faced with a particularly intensive period of care. Finally, it will also help employers to mitigate the cost of absenteeism, presenteeism and the erosion of motivation and performance among working carers. Informal care is the bedrock of care provision and carers need to be enabled to care. To prevent abuse of that right, proof of the serious illness or dependency may be required prior to granting of the leave.
Amendment 197 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Member States should give special attention to single parents who face particular challenges in terms of work-life balance and need specific support. This Directive should allow for separate provisions regarding leave and flexible working arrangements for single parents.
Amendment 207 #
Proposal for a directive
Recital 21
Recital 21
(21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to 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, or taking care of other dependants with a chronic care need, long periods of reduced working hours may lead to lower social security contributions translating into reduced or non-existing pension entitlements. In the case of many carers, this can lead to financial hardship, due to loss of direct as well as of future income and pension entitlements. It must be borne in mind that the provision of informal care is ultimately a sizeable contribution to society as well as to tight health and social budgets. The ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer, Specific circumstances underlying the need for flexible working arrangements can change. Workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period, but should also be able to request to do so at any time where a change in the underlying circumstances so requires.
Amendment 216 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) Council Directive 2010/18/EC of 8 March 2010 implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC provides the baseline reference for any actions by the Member States or the worker in the case of parental leave.
Amendment 241 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) Civil society, including equality bodies should have a role in the effective application of gender equality laws and provisions in employment relations with a view to ensuring equal treatment; Member States should improve social dialogue and the exchange of experience and best practice among all relevant stakeholders.
Amendment 280 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to all workers, men and women, who have an employment contract or employment relationship as defined by law, collective agreement and/or practices in force in each Member State.
Amendment 288 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) "paternity leave" means paid leave from work for fathers or the persons legally recognised as such to be taken on the occasion of the birth of a child;
Amendment 302 #
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 313 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) "carer" means a worker providing personal care or support in case of a serious illness or dependency of a relativeor chronic illness, disability or dependency of a relative, or, in accordance with national law, a worker not directly belonging to the family who provides such care on a non-profit basis, upon written request of the person being cared for;
Amendment 334 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) "relative" means a worker's son, daughter, mother, father,step-child, foster child, mother, father, including adoptive ones, as well as step-father, -mother, siblings, grandparents and grandchildren, as well as spouse or partner in civil partnership, where such partnerships are envisaged by national law;
Amendment 349 #
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) "dependency" means a situation in which a person is, temporarily or permanently, in need of care and / or assistance due to disability or, a serious medical condition other than serious illness or age;
Amendment 359 #
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) “flexible working arrangements” means the possibility for workers after discussions with their employer to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours.
Amendment 361 #
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) "single parent" means a person who is neither married nor in a partnership as recognised by national law and who has sole parental responsibility for a child.
Amendment 363 #
Proposal for a directive
Article 3 – paragraph 1 - point h a (new)
Article 3 – paragraph 1 - point h a (new)
(ha) “carer’s leave” means leave from work for carers in order to provide personal assistance or support to a relative with support needs due to a disability, a mental health problem or a health condition;
Amendment 364 #
Proposal for a directive
Article 3 – paragraph 1 - point i a (new)
Article 3 – paragraph 1 - point i a (new)
(ia) “support needs” mean personalised assistance or support which allows an individual with a disability, a mental health problem or a health condition to fully participate in society;
Amendment 378 #
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 persons legally recognised as such have the right to take paternity leave of at least ten working days on the occasion of the birth of a child.
Amendment 379 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth, stillbirth or adoption of a child.
Amendment 424 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Single parents shall have access to at least the same level of rights and protection ensured to parents under this Directive and may benefit from specific provisions, in accordance with national law, considering their specific situation.
Amendment 480 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of the medical condition of the worker's relativ, dependency or the loss of autonomy of the worker's relative. The information on the medical condition, dependency 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 486 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of the medical condition and support needs of the worker'’s relative.
Amendment 495 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Member States shall assess the need to adapt or extend the definition of "carer" to the purpose of applying for the relevant leave, with the aim of taking into account situations of particular difficulty.
Amendment 545 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1 (new)
Article 9 – paragraph 1 – subparagraph 1 (new)
Member States shall assess the need for arrangements necessary to make sure the application of flexible working arrangements is adapted to the needs of adoptive parents, disabled parents, parents with mental health problems, parents of children with disabilities, long- terms illnesses or mental health problems.
Amendment 559 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request in writing.
Amendment 573 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Rights acquired or in the process of being acquired by workers on the date on which leave referred to in Article 4, 5, 6, 7 or 69 starts shall be maintained until the end of such leave or of the respective period of time for the flexible working arrangements. At the end of such leave, those rights, including any changes arising from national law, collective agreements or practice, shall apply.
Amendment 584 #
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 or of the respective period of time for the flexible working arrangements referred to in Article 4, 5, 6, 7 or 6,9 including as regards entitlements to social security, while ensuring that the employment relationship is maintained during that period.
Amendment 594 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States together with the social partners 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, 6 or 6,7 or on the ground that they have exercised their right to flexible working arrangements referred to in Article 9.
Amendment 601 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Member States together with the social partners shall take the appropriate steps to ensure that reasonable, available and accessible legal advice and assistance can be obtained and is provided to those in need of it, including confidential and in-person counselling, by equality bodies or appropriate intermediaries.
Amendment 643 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States.
Amendment 644 #
Proposal for a directive
Article 16 – paragraph 1 b (new)
Article 16 – paragraph 1 b (new)
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.
Amendment 645 #
Proposal for a directive
Article 16 – paragraph 1 c (new)
Article 16 – paragraph 1 c (new)
This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.
Amendment 666 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. On the basis of the information provided by Member States pursuant to paragraph 1, the Commission shall submit to the European Parliament and the Council a report in which it reviews the application of this Directive, including data disaggregated by gender and age on the take-up of different types of leave contained in this Directive and its impact on micro, small and medium-sized undertakings, accompanied, if appropriate, by a legislative proposal.