23 Amendments of Verónica LOPE FONTAGNÉ related to 2017/0085(COD)
Amendment 31 #
Proposal for a directive
Recital 4
Recital 4
(4) The Union is party to the United Nations' Convention on the Rights of People with Disabilities. The provisions of that Convention are thus, from the time of its entry into force, an integral part of the European Union legal order and Union legislation must as far as possible be interpreted in a manner that is consistent with the Convention. The Convention provides, among other things, in its Article 7 that Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. Moreover, the Convention, in its Article 23, provides that States Parties shall take effective and appropriate measures to eliminate discrimination against persons with disabilities in all matters relating to marriage, family, parenthood and relationships.
Amendment 82 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) With a view to sharing family responsibilities more fairly between men and women, progress must be made towards ensuring parental leave is realistic, financially sustainable and, above all, also taken by men. To that end, leave must be non-transferable and more focused on proving a high level of income rather than a particularly long duration of paid leave, thus avoiding any possible indirect discrimination against women.
Amendment 131 #
Proposal for a directive
Recital 14
Recital 14
(14) As the majority of fathers do not avail themselves of their right to parental leave or transfer a considerable proportion of their leave entitlement to mothers, in order to encourage the second parent to take parental leave, this Directive, while maintaining the right of each parent to at least four month16 weeks of parental leave currently provided for by Directive 2010/18/EU, extends from one to four monthfour to 16 weeks the period of parental leave which cannot be transferred from one parent to the other.
Amendment 149 #
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 twelveeight 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.
Amendment 185 #
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 adequate allowance, while on leave. The level of the allowance should be at least equivalent to what the worker concerned would receive in case of sickch does not have to be directly related to the duration of the leave. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 260 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) With a view to ensuring that this Directive enters into force smoothly and without major financial impact in the individual Member States, the provisions on the unpaid part of parental leave must be phased in gradually.
Amendment 338 #
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, spouserelatives up to the second degree of consanguinity or affinity or partner in civil partnership, where such partnerships are envisaged by national law;
Amendment 351 #
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 than serious illnessdependent on health care;
Amendment 400 #
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 of at least four month16 weeks to be taken before the child reaches a given age which shall be aeight lyeast twelvers old.
Amendment 418 #
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 month16 weeks of parental leave cannot be transferred.
Amendment 464 #
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, parents having a disability and parents with children with a disability or serious and/or long-term illness.
Amendment 483 #
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 beis subject to appropriate substantiation of the medical condition of the worker's relativprior notice and substantiation that it is a result of the worker's relative suffering an accident, serious illness, hospitalisation or a surgical procedure.
Amendment 507 #
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 leave.) for parental leave as referred to in Article 4, a payment or allowance equivalent to 80% of the worker's gross wage; b) for parental leave as referred to in Article 5, a payment or allowance equivalent to 80% of the worker's gross wage in the first eight weeks of the leave; c) for carer’s leave as referred to in Article 6, a payment or allowance equivalent to 80% of the worker's gross wage;
Amendment 540 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be aeight lyeast twelvers old, and carers, have the right to request flexible working arrangements for caring purposes. The duration of such flexible working arrangements may be subject to a reasonable limitation.
Amendment 568 #
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Member States shall assess the need for arrangements needed to make sure the application of flexible working time is adapted to the needs of adoptive parents, disabled parents, parents with mental health problems, parents of children with a disability, a long-term illness or mental health problems
Amendment 578 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Rights acquired or in the process of being acquired by workers on the date on which leave referred to in Article 4, 5 or 6 and 5 starts shall be maintained until the end of such leave. At the end of such leave, those rights, including any changes arising from national law, collective agreements or practice, shall apply.
Amendment 580 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that, at the end of leave referred to in Article 4, 5 or 6 and 5, workers are entitled to return to their jobs or to equivalent posts on terms and conditions which are no less favourable to them, and to benefit from any improvement in working conditions to which they would have been entitled during their absence.
Amendment 586 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall define the status of the employment contract or employment relationship for the period of leave referred to in Article 4, 5 or 6 and 5, including as regards entitlements to social security, while ensuring that the employment relationship is maintained during that period.
Amendment 593 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall take the necessary measures to prohibit less favourable treatmentthe dismissal and all preparations for dismissal of workers, on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6, or on the ground that they have exercised their right to flexible working arrangements referred to in Article 9 and 5.
Amendment 607 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers, on the grounds that they 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 95.
Amendment 615 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Workers who consider that they have been dismissed on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6 or of exercising the right to request flexible working arrangements referred to in Article 95 may request the employer to provide duly substantiated grounds for the dismissal. The employer shall provide those grounds in writing.
Amendment 639 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States may introduce or maintain provisions that are more favourable to workers than those laid down in this Directive. They shall however ensure that at least four month16 weeks of parental leave remain non-transferable in accordance with Article 5(2).
Amendment 677 #
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive, at the latest two years after the entry into force apart from the four paid weeks of parental leave referred to in Article 8(1)(b) which shall come into force four years after publication of this Directive. They shall forthwith communicate to the Commission the text of those provisions.