Activities of Ilda FIGUEIREDO related to 2008/0193(COD)
Plenary speeches (3)
Explanations of vote
Explanations of vote
Explanations of vote
Amendments (21)
Amendment 13 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 92/85/EEC
Article 10 – point 1
Article 10 – point 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 at least six months following the end of the maternity leave provided for in Article 8(1). Dismissal during that period shall be formally justified and shall be duly specified in writing, save in exceptional cases not connected with their condition, which are permitted under national legislation and/or practice and, where applicable, provided that the competent authority has given its consent.
Amendment 51 #
Proposal for a directive – amending act
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Directive 92/85/EEC
Recital 15
Recital 15
- 1) Recital 15 is replaced by the following: "Whereas the vulnerability of pregnant workers, workers who have recently given birth or who are breastfeeding makes it necessary for them to be granted the right to maternity leave of at least 22 continuous weeks, allocated before and/or after confinement, and renders necessary the compulsory nature of maternity leave of at least 16 weeks […] after confinement;"
Amendment 54 #
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
Amendment 68 #
Proposal for a directive – amending act
Article 1 - point 1
Article 1 - point 1
Directive 92/85/EEC
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to a continuous period of maternity leave of at least 1822 weeks allocated before and/or after confinement.
Amendment 78 #
Proposal for a directive – amending act
Article 1 -point 1
Article 1 -point 1
Directive 92/85/EEC
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The maternity leave stipulated in paragraph 1 shall include compulsory paid leave of at least six16 weeks after childbirth. The Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to choose freely the time at which the non- compulsory portion of the maternity leave is taken, before or after childbirth. The compulsory period of 16 weeks shall apply to all workers, irrespective of the number of days for which they have previously worked.
Amendment 79 #
Proposal for a directive – amending act
Article 1 -point 1
Article 1 -point 1
Directive 92/85/EEC
Article 8 – paragraph 2a (new)
Article 8 – paragraph 2a (new)
2a. This period may, if the couple agrees and so requests, be shared with the father, in accordance with the legislation of the Member State concerned.
Amendment 88 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall take the necessary measures to ensure that additional fully paid leave is granted in the case of premature childbirth, children hospitalised at birth, children with disabilities and, multiple births and mothers with disabilities. The duration of the additional leave should be proportionate and allow the special needs of the mother and the child/children to be accommodated. Member States shall also provide for a 12-week period of fully paid leave in the case of stillbirth.
Amendment 91 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The maternity leave stipulated in paragraph 1 shall include compulsory leave on full pay of at least sixteen weeks after childbirth. The Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to choose freely the time at which the non- compulsory portion of the maternity leave is taken, before or after childbirth. The compulsory period of sixteen weeks shall apply to all workers, irrespective of the number of days previously worked.
Amendment 92 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 5a (new)
Article 8 – paragraph 5a (new)
5a. Member States shall guarantee mothers’ and fathers’ rights by ensuring special working conditions so as to help children with disabilities.
Amendment 94 #
Proposal for a directive – amending act
Article 1 – point 1a (new)
Article 1 – point 1a (new)
Directive 92/85/EEC
Article 8a (new)
Article 8a (new)
1-A. The following Article 8a is inserted: "Article 8a Paternity leave 1. Member States shall take the necessary measures to ensure that male workers who have recently become parents are entitled to a continuous period of paternity leave, paid in full and not transferable, to be granted for at least four weeks, two of them being mandatory and after the worker’s spouse or partner has given birth; 2. Member States shall take the necessary measures to ensure that fathers are granted a period of special leave including the unused portion of maternity leave in case of death or physical incapacity of the mother;
Amendment 99 #
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 ensure that employers cannot, for reasons of their own convenience, interrupt maternity or paternity leave or leave to care for a child, and 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), save in exceptional cases not connected with their condition which are permitted under national legislation and/or practice and, where applicable, provided that the competent authority has given its consentone year after the birth.
Amendment 102 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall take the necessary measures to ensure that additional leave on full pay is granted in the case of premature childbirth, children hospitalised at birth, children with disabilities and multiple births, and where the mother has a disability. The duration of the additional leave should be proportionate and allow the special needs of the mother and the child/children to be accommodated. Member States shall also ensure a period of leave of twelve weeks on full pay in cases of stillbirth.
Amendment 108 #
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 is inserted: Article 8a Paternity leave 1. Member States shall take the necessary measures to ensure that workers who have recently become parents are entitled to a continuous period of paternity leave, on full pay and non-transferable, of at least four weeks, of which two shall be obligatory and shall be taken after the worker's spouse or partner has given birth. 2. Member States shall take the necessary measures to ensure that fathers can take special leave corresponding to any unused portion of maternity leave following the death or physical incapacitation of the mother.
Amendment 110 #
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 prevent any interruption of maternity leave, paternity leave or special leave to take care of children on grounds of the employer's convenience, and to prohibit the dismissal and all preparations for a dismissal of workers within the meaning of Article 2 during the period frombetween the beginning of their pregnancy to the end of the maternity leave provided for in Article 8(1), save in exceptional cases not connected with their condition which are permitted under national legislation and/or practice and, where applicable, provided that the competent authority has given its consentand one year after the birth.
Amendment 120 #
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 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 in100% of the last monthly salary or the eavent of a break in activity on grounds connected with the worker’s state of healthrage monthly salary of the worker. The Member States may lay down the period over which this average monthly salary is calculated.
Amendment 124 #
Proposal for a directive – amending act
Article 1 – point 3 – point c
Article 1 – point 3 – point c
Directive 92/85/EEC
Article 11 – –point 3
Article 11 – –point 3
3. the allowance referred to in point 2(b) shall be deemed adequateivalent if it guarantees income 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 in100% of the last monthly salary or of the eavent of a break in activity on grounds connected with the worker's state of healthrage monthly salary of the worker. The Member States may lay down the period over which this average monthly salary is calculated.
Amendment 128 #
Proposal for a directive – amending act
Article 1 – point 3(da) (new)
Article 1 – point 3(da) (new)
Directive 92/85/EEC
Article 11 – paragraph 5a (new)
Article 11 – paragraph 5a (new)
(da) The following paragraph is inserted: "Member States shall encourage employers to provide, where necessary and where requested by the worker, assistance for the reintegration and training of workers returning to the workplace after a period of maternity leave."
Amendment 130 #
Proposal for a directive – amending act
Article 1 – point 3a (new)
Article 1 – point 3a (new)
Directive 92/85/EEC
Article 11a (new)
Article 11a (new)
3a. The following article is inserted: “Article 11a Breastfeeding or nursing leave 1. A mother who is breastfeeding her child shall be entitled to leave for that purpose for as long as she continues to breastfeed. 2. Where the mother is not breastfeeding, and both parents are gainfully employed, either or both shall be entitled to leave for nursing purposes until the child has reached the age of one year. 3. Daily breastfeeding or nursing leave shall be taken in two separate periods each of which shall be not more than one hour. 4. In the case of multiple births, the leave referred to in the above paragraph shall be increased by 30 minutes for each additional child. 5. If either of the parents works part-time, the daily breastfeeding or nursing leave shall be reduced in proportion to the normal working hours, but may not be less than 30 minutes. 6. In the case referred to in the above paragraph, the daily leave shall be taken for a period not exceeding one hour and, where applicable, for a second period cover the remaining duration, unless another arrangement has been agreed with the employer".
Amendment 137 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall take the necessary measures to ensure that additionalfully paid additional maternity leave is granted in the case of premature childbirth, stillbirth, caesarean section, children hospitalised at birth, children with disabilities and multiple births. The duration of the additional leave, mothers with disabilities, teenage mothers, multiple births or births occurring within 18 months of the previous birth. The duration of the additional maternity leave after confinement should be proportionate and allow the special needs of the mother and the child/children to be accommodated. Member States shall also ensure a period of leave of twelve weeks on full pay in cases of stillbirth.
Amendment 147 #
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)
Amendment 148 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 92/85/EEC
Article 10 – point 1
Article 10 – point 1
1. The Member States shall take the necessary measures to ensure that employers cannot, for reasons of their own convenience, interrupt maternity or paternity leave or special leave to care for a child, and 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 one year after 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 and shall be duly specified in writing, save in exceptional cases not connected with their condition which are permitted under national legislation and/or practice and, where applicable, provided that the competent authority has given its consent.