21 Amendments of Urszula KRUPA related to 2017/0085(COD)
Amendment 53 #
Proposal for a directive
Recital 5
Recital 5
(5) Work-life balance policies should contribute to the achievement of gender equality by promoting thesupport and facilitate parents’ participation of womeand inclusion in the labour market, making it easier for men to share caring responsibilities on an equal basis with women, and closincluding in flexible forms, and contribute to reducing gender gaps in earnings and pay. Such policies should take into account demographic changes including the effects of an ageing population.
Amendment 70 #
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 oninvolved in caring for children and the elderly, which has consequences for female employment. A major factor contributing to the undlesser representation 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 responsibilitiesirreplaceable and invaluable care responsibilities for children and the elderly. Having an ill or dependent relative has also been shown to have a negative impact oninfluence female employment, leading some women to drop out of the labour market entirely. Maternity leave is a mother’s inalienable right to care for her newborn child and to recover after giving birth.
Amendment 119 #
Proposal for a directive
Recital 14
Recital 14
Amendment 139 #
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, wWorkers 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. However, the employer’s decision must be within the scope of the statutory provisions enumerating the conditions for refusal to grant such 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 146 #
Proposal for a directive
Recital 16
Recital 16
(16) In order to facilitate the return to work following parental leave, workers and employers should be encouraged to maintain contact during the period of leave and 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 19
Recital 19
(19) To increase the incentives for workers with children and caring responsibilities, men in particularboth men and women, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on maternity, parental or paternity leave. The level of the allowance should be at least equivalent to what the worker concerned would receive in case of sick leave. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 202 #
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 bodielabour inspectorates and trade unions should also be competent in the areas covered in this Directive.
Amendment 213 #
Proposal for a directive
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
a) paternity leave, maternity leave, parental leave and carers' leave;
Amendment 230 #
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 an actual employment relationship, regardless of the name or legal form of the document on which the employment is based.
Amendment 241 #
Proposal for a directive
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) ‘maternity leave’ means leave from work for mothers to be taken on the occasion of the birth of a child;
Amendment 271 #
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, spouse or partner in civil partnership, where such partnerships are envisaged by national lawny member of family connected by ties of blood, namely a worker's son, daughter, mother, father or spouse;
Amendment 294 #
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 of aone child or, where appropriate, longer on the occasion of the birth or adoption of more than one child.
Amendment 329 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least four months of parental leave cannot be transferredfull discretion and freedom in the use of this leave.
Amendment 339 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 345 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States may define the exceptional circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment. Employers shall justify any postponement of parental leave in writing.
Amendment 352 #
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 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 requestmay only reject such applications on compelling grounds, and the reasons for such a refusal shall be provided to the employee in writing.
Amendment 405 #
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 444 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall lay down rules on penalties 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 may take the form of a fine. They may also comprise payment of compensation, or they may oblige an employer to reinstate an employee to his previous post or to an equivalent post. These types of sanctions may be combined.
Amendment 446 #
Proposal for a directive
Article 15 – title
Article 15 – title
Amendment 448 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensure that the body or bodies designated, pursuant to Article 20 of Directive 2006/54/EC, for the promotion, analysis, monitoring and support of equal treatment of parents and carers without discrimination on grounds of sexnational bodies that protect and monitor workers’ rights, such as national labour inspectorates and trade unions, are also competent for issues falling within the scope of this Directive.
Amendment 472 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Member States may entrustsure the involvement of social partners within the implementation of this Directive, where social partners jointly request to do so and as long as the Member States take all the necessary steps to ensure that they can at all times guarantee the results sought under this Directive.