9 Amendments of Pia Elda LOCATELLI related to 2008/0193(COD)
Amendment 41 #
Proposal for a directive – amending act
Recital 13 a (new)
Recital 13 a (new)
(13a) For the purposes of measures to help workers reconcile their professional rights and obligations with their family rights and obligations, it is essential to provide for longer maternity and paternity leave, including where a child is adopted.
Amendment 53 #
Proposal for a directive – amending act
Article 1 – point -1 c (new)
Article 1 – point -1 c (new)
Directive 92/85/EEC
Article 2
Article 2
-1c. Article 2 is replaced by the following: “Article 2 Definitions For the purposes of this Directive: (a) pregnant worker shall mean a pregnant worker employed under any type of contract, including in domestic work, who informs her employer of her condition, in accordance with national legislation and/or national practice; (b) worker who has recently given birth shall mean a worker employed under any type of contract, including in domestic work, who has recently given birth within the meaning of national legislation and/or national practice and who informs her employer of her condition, in accordance with that legislation and/or practice; (c) worker who is breastfeeding shall mean a worker employed under any type of contract, including in domestic work, who is breastfeeding within the meaning of national legislation and/or national practice and who informs her employer of her condition, in accordance with that legislation and/or practice;”
Amendment 63 #
Proposal for a directive – amending act
Article 1 – point -1 g (new)
Article 1 – point -1 g (new)
Directive 92/85/EEC
Article 7 a (new)
Article 7 a (new)
-1g. The following paragraph is inserted in Article 7a : “Article 7a In the period following the period determined by the national competent authority referred to in Article 7(1), working women or men who have a child aged not more than three years shall not be obliged to perform night work. For single parents, that period may be extended in accordance with the procedures laid down by the Member States. For parents of children with severe disabilities, the period in question may similarly be extended in accordance with the procedures laid down by the Member States.”
Amendment 83 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. For multiple births the compulsory leave shall be increased by one month for each sibling in addition to the first.
Amendment 93 #
Proposal for a directive – amending act
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Directive 92/85/EEC
Article 8 a (new)
Article 8 a (new)
1a. The following Article 8a is inserted: “Article 8a Leave for adoption Member States shall take the necessary measures to ensure that maternity and paternity leave are likewise allowed in the event of adoption.”
Amendment 98 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 92/85/EEC
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Member States shall take the necessary measures to prohibit the dismissal and all preparations for a dismissal of workers within the meaning of Article 2 during the period from the beginning of their pregnancy to the end of the maternity leave provided for in Article 8(1). Dismissal during that period shall be presumed to have arisen on grounds of discrimination, save in exceptional cases not connected with their condition, and duly specified in writing, which are permitted under national legislation and/or practice and, where applicable, provided that the competent authority has given its consent.
Amendment 105 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 92/85/EEC
Article 10 – paragraph 2
Article 10 – paragraph 2
2. If a worker within the meaning of Article 2 is dismissed during the period referred to in point 1 the employer must cite duly substantiated grounds for her dismissal in writing. If the dismissal occurs within sixtwelve months following the end of maternity leave as provided for in Article 8(1), the employer must cite duly substantiated grounds for her dismissal in writing at tit shall be presumed to have arisen on grounds of discrimination, save in an exceptional case not connected with her condition, and duly specified in writing, which is permitted under national legislation and/or practice and, whe request of the worker concerned applicable, provided that the competent authority has given its consent.
Amendment 108 #
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 92/85/EEC
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. Member States shall take the necessary measures to ensure that, while on paternity leave and in the three months thereafter, male workers enjoy the protection from dismissal accorded by this Article to the female workers referred to in Article 2.
Amendment 118 #
Proposal for a directive – amending act
Article 1 – point 3 – point c
Article 1 – point 3 – point c
Directive 92/85/EEC
Article 11 – paragraph 3
Article 11 – paragraph 3
“3. the allowance referred to in point 2(b) shall be deemed adequateivalent if it guarantees income at least equivalent to the last monthly salary or an average monthly salary, subject to any ceiling laid down under national legislation. Such a ceiling may not be lower than the allowance received by workers within the meaning of Article 2 in the event of a break in activity on grounds connected with the worker’s state of healthWhen making the calculation, any salary increases resulting from legislation or contractual provisions must be factored in. Such a ceiling may not be lower than 80% of the last monthly salary or the average monthly salary of the worker concerned. The Member States may lay down the period over which this average monthly salary is calculated.”