29 Amendments of Sirpa PIETIKÄINEN related to 2017/0085(COD)
Amendment 50 #
Proposal for a directive
Recital 5
Recital 5
(5) Work-life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market, making it easier for men to share caring responsibilities on an equal basis with women, and closing gender gaps in earnings and pay. Such policies should take into account demographic changes including the effects of an ageing population.
Amendment 55 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Policies addressing work-life balance in relation to informal carers – who currently provide 80% of all care across the EU, free of charge - are relevant and commensurate with the challenges posed by demographic changes. These will contribute to mitigating the effects of an increasing care demand on the one hand side, and the trend towards smaller and more geographically dispersed families as well as increasing number of women entering the labour market, decreasing the informal care potential on the other. 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 64 #
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 65 #
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) Approximately 80% of informal, usually unpaid care across the EU is provided by families and friends, who are providing an indispensable part of the provision, organisation and sustainability of health and social care systems. Approximately two-thirds of carers in Europe are women. The economic value of unpaid informal care in the EU, as a percentage of the overall cost of formal long-term care provision, is estimated to range from 50 to 90%;
Amendment 67 #
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. Research and practice also demonstrate the business case in addressing the needs of working carers, including outcomes such as reduced absenteeism, attracted and retained staff, and better motivation of staff.
Amendment 74 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Providing informal care can lead to financial difficulties and poverty, particularly for women, due to reduced number of working hours or dropping out of paid employment, cut backs in social provision, direct costs of care such as medication and housing adaptation, and loss of pension rights; for young carers, i.e. children and young people under the age of 18 providing care, caring can have a negative impact on employment prospects in later life;
Amendment 91 #
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 proved to be a crucial aspect to work-life balance policies that facilitate rapid return to work (after giving birth) and retaining work (by carers for other dependants).
Amendment 98 #
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. It is also totally in line with current demographic developments, such as 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), which call for a combination of investments in appropriate long-term care services and practical measures that allow carers to maintain an active professional life. It needs to be borne in mind that 80 % of all care provided across the EU is provided by (unpaid) informal carers (75% of these carers are women).
Amendment 106 #
Proposal for a directive
Recital 12
Recital 12
(12) This Directive should apply to all workers who have employment contracts, including atypical contracts, or other employment relationships, as well as those who are self-employed. As is currently the case under Clause 2(3) of the Annex to Directive 2010/18/EU, this should include contracts relating to employment or employment relationships of part-time workers, fixed-term contract workers or persons with a contract of employment or employment relationship with a temporary agency.
Amendment 112 #
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 paternity leave for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth 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 135 #
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, or an equivalent second parent as defined in national law, 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.
Amendment 148 #
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 of elderly family member and/or other relatives in need of care, workers with a seriously ill or dependant 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, within creasing care needs on the one hand (due to societal ageing) and a deficit in the supply of formal long-term care options, it will 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 173 #
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, while 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 180 #
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 ablehave the right 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, long periods of reduced working hours may lead to lower social security contributions translating into reduced or non-existing pension entitlements. 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 203 #
Proposal for a directive
Recital 28
Recital 28
(28) This Directive lays down minimum requirements, thus giving the Member States the option of introducing or maintaining more favourable provisions. Rights acquired under the existing legal framework should continue to apply, unless more favourable provisions are introduced by this Directive. The implementation of this Directive cannot be used to reduce existing rights set out in existing Union legislation in this field nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Directive. The Directive should be reviewed and kept up-to-date in a timely manner to further advance the health and safety of workers, and equal treatment and opportunities in the labour market, through measures such as increasing the right to parental leave to at least 20 weeks.
Amendment 227 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to all workers, men and womenirrespective of gender, who have an employment contract or employment relationship as defined by law, collective agreement and/or practices in force in each Member State.
Amendment 229 #
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, full- time or part-time, including those who are self-employed or have an atypical contract.
Amendment 235 #
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 or an equivalent second parent as defined in national law to be taken on the occasion of the birth, stillbirth or adoption of a child;
Amendment 252 #
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 relativeperson in or out of employment providing informal and substantial personal care, assistance or support, on a regular and unpaid basis, in case of a serious (chronic) illness, disability or dependency of a relative, friend or partner irrespective of the age of the person being cared for;
Amendment 254 #
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 to a relative or a person in their immediate circle in case of a serious illness or dependency of a relative with care or support needs due to a serious or chronic illness, disability, mental health or age related problem;
Amendment 260 #
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) “carers’ leave” means leave from work for carers in order to provide personal care or support to a relative or a person in their immediate circle in need of care or support due to a serious or chronic illness, disability, mental health or age related problem
Amendment 265 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) “relative” means a worker'first-degree relatives (son, daughter, mother, father, sibling), and second-degree relatives (uncles, aunts, nephews, nieces, grandparents, grandchildren, half- siblings), as well as spouse or partner in civil partnership, where such partnerships are envisaged by national law;, step- and foster children, both in the own and in the spouse’s or partner’s family.
Amendment 267 #
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 lawstep-children and adoptive children, or another member of the extended family such as grandparent, grandchild or cousin; it may also mean a close contact or friend from the worker’s social network, such as a neighbour;
Amendment 278 #
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) “dependency” means a situationtate in which a person is, temporarily or permanently, in need of care due to disability or a serious medical condition other than serious illness; and not able to manage and take responsibility over normal activities due to a medical condition or disability;
Amendment 296 #
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 take paternity leave of at least ten working days on the occasion of the birth, stillbirth or adoption of a child.
Amendment 358 #
Proposal for a directive
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Member States shall assess the need for the conditions of access and detailed arrangements for the application of parental leave to be adapted to the needs of adoptive parents, single parents, parents having a disability and parents with children with a disability or long-term illness.
Amendment 366 #
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. Should such a right may be subject to appropriate substantiation of the medical condition of the worker's relative, this should not hinder those caring for a person for whom a diagnosis and/or a disability assessment are not available (e.g. rare diseases), from benefitting from this right.
Amendment 368 #
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 conditionserious or chronic illness, disability, mental health or age related problem of the worker's relative.
Amendment 464 #
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 sex and sexual orientation, 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.