20 Amendments of Iratxe GARCÍA PÉREZ related to 2017/0085(COD)
Amendment 77 #
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, it is vital that Member States ensure adequate provision of quality, accessible, and affordable services for the care of children and other dependants such as the elderly and people with disabilities in order to increase the participation of women in the labour market.
Amendment 131 #
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 situations, in particular if they have children, or relatives up to the second degree of consanguinity or affinity, suffering from a disability, serious medical condition or illness.
Amendment 156 #
Proposal for a directive
Recital 16
Recital 16
(16) In order to facilitate the return to work followprotect from discrimination the workers exercising their rights to take leave or to flexible working parental leave, workers and employers should be encouraged to maintain contactrangements provided for in this Directive, employers must inform those workers during their 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 practiceor flexible working arrangements about any training offered to the rest of the workers, promotion processes and internal vacancies available, and these workers will retain their right to participate in them.
Amendment 191 #
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 payment or an adequate allowance while on leave. The level of the payment or the allowance should be at least equivalent to what the worker concerned would receive in case of sick leav's gross wage. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 234 #
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. When a court's decision considers that the dismissal was based on those grounds, the worker will have the right to reinstatement if he/she chooses to do so. This will be without prejudice of compensation for damages granted by national law, applicable collective agreements and/or practice.
Amendment 239 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
a) “paternity leave" means leave from work for fathers to be taken on the occasion of the birth or adoption of a child;
Amendment 250 #
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 adeath, serious illness or dependencaccident or illness, hospitalisation or out-patient surgical intervention requiring rest at home, of relatives up to the second degree of consanguinity ofr a relativeffinity; where the worker needs to travel to that effect, the period shall be extended by two days;
Amendment 281 #
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 due to disability or a serious medical condition other thanr serious illness;
Amendment 299 #
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 on full pay of at least ten working days on the occasion of the birth of a child.
Amendment 305 #
Proposal for a directive
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) “carer’s leave” means paid leave from work for carers in order to provide personal assistance or support to a person with support needs due to a serious or chronic illness, hospitalization, surgical intervention without hospitalization, disability, mental health or age related problem;
Amendment 312 #
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 relativto a person with care or support needs due to a serious or chronic illness, hospitalization, surgical intervention without hospitalization, disability, mental health or age related problem for a relative or a person in his/her immediate circle;
Amendment 318 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave on full pay of at least four months to be taken before the child reaches a given age which shall be at least twelve.
Amendment 353 #
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, as shorter working days or 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 in writing.
Amendment 364 #
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 on full pay, per worker in case of death, serious accident or illness, hospitalisation or out-patient surgical intervention requiring rest at home, of relatives up to the second degree of consanguinity or affinity; where the worker needs to travel to that effect, the period shall be extended by two days. Such right may be subject to appropriate substantiation of the medical condition of the worker's relative.
Amendment 379 #
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 death, 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 order for the leave to be on full pay, employers may request proof of the reason for the absence.
Amendment 386 #
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 leavellowance equivalent to the full salary.
Amendment 390 #
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 enlarged and 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 471 #
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1 a (new)
Article 20 – paragraph 1 – subparagraph 1 a (new)
Member States may implement the Directive on a progressive basis until family leave is granted on full pay.
Amendment 512 #
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 leav's gross wage.
Amendment 623 #
Proposal for a directive
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. When the court's or competent authority's decision considers that the dismissal was based on the grounds referred to in paragraph 2 of this article, the worker will have the right to reinstatement if he/she chooses to do so. This will be without prejudice of compensation for damages granted by national law, applicable collective agreements and/or practice.