2017/0085(COD) | [ParlTrack]

Proposal for a directive
Article 5 – paragraph 1

1. Member States shall take the necessary measures to ensure that ~~worker~~employees have an individual right to parental leave of at least ~~four~~six months for each child to be taken before the child reaches a given age which shall be at least t~~welve.~~ hirteen.

Amendment 101 #

Proposal for a directive
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 months to be taken before the child reaches ~~a given age which shall be a~~eight lyea~~st twelve~~rs old.

Amendment 102 #

Proposal for a directive
Article 5 – paragraph 1

Amendment 103 #

Max ANDERSSON

Proposal for a directive
Article 5 – paragraph 1

Amendment 104 #

Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1 (new)

The length of parental leave shall be extendible for parents looking after a child with a disability or serious illness.

Amendment 105 #

Proposal for a directive
Article 5 – paragraph 1 a (new)

1a. The duration of parental leave shall be at least six months for the parents of children with disabilities.

Amendment 106 #

Proposal for a directive
Article 5.º – paragraph 1 a (new)

1a. The length of parental leave shall be doubled for parents looking after a child with a disability or serious illness.

Amendment 107 #

Proposal for a directive
Article 5.º – paragraph 1 b (new)

1b. The length of parental leave shall be doubled for single parents.

Amendment 108 #

Proposal for a directive
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~~six months of parental leave cannot be transferred. The length of parental leave shall be doubled for single parents and for parents with disabled or seriously ill children.

Amendment 109 #

Proposal for a directive
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 three of the four months of parental leave cannot be transferred.

Amendment 110 #

Proposal for a directive
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~~one months of parental leave cannot be transferred.

Amendment 111 #

Proposal for a directive
Article 5.º – 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~~three months of parental leave cannot be transferred.

Amendment 112 #

Proposal for a directive
Article 5 – paragraph 4

4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed one year. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC21, with the same employer, the sum of those contracts shall be compulsorily taken into account for the purpose of calculating the qualifying period. _________________ 21 Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p.43).

Amendment 113 #

Proposal for a directive
Article 5 – paragraph 4

4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed onine ~~year~~months. In the case of successive fixed- term contracts, within the meaning of Council Directive 1999/70/EC21 , with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. _________________ 21 Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p.43).

Amendment 114 #

Proposal for a directive
Article 5.º – paragraph 4

4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed onine ~~year~~months. In the case of successive fixed- term contracts, within the meaning of Council Directive 1999/70/EC21, with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. _________________ 21 Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p.43).

Amendment 115 #

Proposal for a directive
Article 5 – paragraph 5

5. Member States may define the 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. In any case, the employer shall be prevented to impose on the parent any arrangement that allows for unsocial working hours.

Amendment 116 #

Proposal for a directive
Article 5 – paragraph 5

5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, even if given advance notice, may be allowed to postpone the granting of parental leave by a reasonable period of time and in any case by never more than 20 successive days on the grounds that it would seriously disrupt the good functioning of the establishment. Employers ~~shall~~are required to justify any postponement of parental leave in writing.

Amendment 117 #

Proposal for a directive
Article 5 – paragraph 5 a (new)

5a. Workers shall be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including on the probation period.

Amendment 118 #

Proposal for a directive
Article 5 – paragraph 5 b (new)

5b. Employment relationships that lead to precarious working conditions, including unsocial working hours, shall be prevented.

Amendment 119 #

Proposal for a directive
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~~extended to meet the needs of adoptive parents, parents having a disability, single parents (single-parent families) and parents with children with a disability or serious long-term illness. In particular, for parents of children with disabilities and extremely serious illnesses – according to the certification established by the national health authorities – the rejection of requests for parental leave shall be specifically forbidden.

Amendment 120 #

Joëlle BERGERON

Proposal for a directive
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~~two working days per ~~year~~month, per worker. Such right mayust be subject to appropriate medical and detailed substantiation of the medical condition of the worker's relative.

Amendment 121 #

Proposal for a directive
Article 6 – paragraph 1

Member States shall take the necessary measures to ensure that workers have the right to paid carers' leave of at least fiseven working days per year, per worker. Such right mayust be subject to appropriate substantiation of the medical condition of the worker's relative.

Amendment 122 #

Heidi HAUTALA

Proposal for a directive
Article 6 – paragraph 1

Member States shall take the necessary measures to ensure that workers have the right to carers' leave of at least fitwelve working days per year, per worker. Such right may be subject to appropriate substantiation of the medical condition of the worker's relative.

Amendment 123 #

Proposal for a directive
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~~ten working days per year, per worker. Such right may be subject to appropriate substantiation of the medical condition of the worker's relative.

Amendment 124 #

Proposal for a directive
Article 6 a (new)

Article 6a Leave for mothers and fathers with a disability The Member States shall guarantee that the length of the types of leave described in this Directive is extendible by at least 50% for mothers and fathers with a disability.

Amendment 125 #

Proposal for a directive
Article 7 – paragraph 1

Member States shall take the necessary measures to ensure that workers have the right to time off from work ~~on grounds of force majeure~~ for urgent family reasons in cases of illness or accident making the immediate presence of the worker indispensable. ~~Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both.~~

Amendment 126 #

Proposal for a directive
Article 7 – paragraph 1

Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness or accident making the immediate presence of the worker indispensable. Member States may ~~limit~~regulate the right to time off from work on grounds of force majeure to a ~~certain~~reasonable amount of time per year or per case, or both, on the condition of submitting justified evidence. The fundamental and social rights of workers shall in any case be fully respected.

Amendment 127 #

Proposal for a directive
Article 7 – paragraph 1

Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness or accident making the immediate presence of the worker indispensable. ~~Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both.~~

Amendment 128 #

Proposal for a directive
Article 7.º – paragraph 1

Member States shall take the necessary measures to ensure that ~~worker~~employees have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness or accident making the immediate presence of the ~~worker~~employee indispensable. Member States may ~~limit~~make theis right to time off from work on grounds of force majeure ~~to a certain amount of time per year or per case, or both~~conditional on the submission of evidence to substantiate the alleged facts.

Amendment 129 #

Proposal for a directive
Article 8 – paragraph 1

Amendment 130 #

Proposal for a directive
Article 8 – paragraph 1

Amendment 131 #

Proposal for a directive
Article 8.º – paragraph 1

Amendment 132 #

Proposal for a directive
Article 8 – paragraph 1

Amendment 133 #

Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1 (new)

The Member States may establish a pay or allowance ceiling in accordance with their national legislation.

Amendment 134 #

Proposal for a directive
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 at least twelve, and carers, have the right to request flexible working arrangements for caring purposes. TIn order to ensure a proper balance between the needs of workers and employers respectively, the duration of such flexible working arrangements may be subject to a reasonable limitation.

Amendment 135 #

Proposal for a directive
Article 9 – paragraph 1

Amendment 136 #

Proposal for a directive
Article 9.º – paragraph 1

1. Member States shall take the necessary measures to ensure that ~~worker~~employees with children up to ~~a given age, which shall be at least twelve~~thirteen, 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 137 #

Proposal for a directive
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 a~~eight lyea~~st twelve~~rs 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 138 #

1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least t~~welve~~hirteen, 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 139 #

Proposal for a directive
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 at least ~~twelve~~fourteen, 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 140 #

Proposal for a directive
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 in writing any refusal of such a request. In particular, for parents of children with disabilities and extremely serious illnesses - according to the certifications established by the national health authorities - the rejection of requests for flexible working arrangements shall be expressly forbidden. For workers with children under the conditions indicated, the right to flexible working arrangements is extended until the children reach the age of eighteen.

Amendment 141 #

Proposal for a directive
Article 9.º – paragraph 2

2. Employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and ~~worker~~employees. Employers shall also justify any refusal of such a request in writing.

Amendment 142 #

Proposal for a directive
Article 9 – paragraph 2

Amendment 143 #

Proposal for a directive
Article 9 – paragraph 3

3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. Provision should also be made for a 'protection period' at the time of re-entry to allow the worker an easier and more effective reintegration into professional life, bearing in mind that, in this transitional phase, the use of new technologies could help workers to move more quickly towards resuming work in a lasting, more agile manner, while updating their skills. The worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies. Employers shall be obliged to consider and respond to such requests, taking into account the needs of both employers and workers.

Amendment 144 #

Heidi HAUTALA

Proposal for a directive
Article 9 – paragraph 3

3. ~~When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period.~~ The worker shall ~~also~~ have the right to request to return to the original working pattern ~~whenever a change of circumstances so justifies~~at the same level of employment. Employers shall be obliged to consider and respond to such requests, taking into account the needs of both employers and workers.

Amendment 145 #

Proposal for a directive
Article 9.º – paragraph 3

3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the ~~worker~~employee shall have the right to return to the original working pattern at the end of the agreed period. The ~~worker~~employee shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies. Employers shall be obliged to consider and respond in writing to such requests, taking into account the needs of both employers and ~~worker~~employees.

Amendment 146 #

Proposal for a directive
Article 11 – paragraph 1

Member States shall take the necessary measures to prohibit discrimination and less favourable treatment of workers on the ground 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.

Amendment 147 #

Proposal for a directive
Article 11 – paragraph 1

Member States shall take the necessary measures to prohibit ~~less favourable treatment of~~discrimination against workers on the ground 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.

Amendment 148 #

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 9 ~~may~~are entitled to request the employer to provide duly substantiated grounds for the dismissal. The employer shall be required to provide those grounds in writing.

Amendment 149 #

Proposal for a directive
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 9 may request the employer to provide duly substantiated grounds for the dismissal. The employer shall provide in due time those grounds in writing.

Amendment 150 #

Proposal for a directive
Article 12 – paragraph 3

3. Member States shall take the necessary measures to ensure that, when workers referred to in paragraph 2 establish, before a court or other competent authority, facts from which it may be presumed that there have been such dismissal, it shall be for the ~~respondent~~employer to prove that the dismissal was based on grounds other than those referred to in paragraph 1.

Amendment 151 #

Proposal for a directive
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. In cases of the inadmissible rejection of requests for parental leave or care leave - as established for parents of children with disabilities and extremely serious illnesses according to the certification drawn up by national health authorities - the obligation immediately to grant leave shall be established by the judicial authorities by an accelerated procedure.

Amendment 152 #

Proposal for a directive
Article 13.º – paragraph 1

Amendment 153 #

Gilles LEBRETON

Proposal for a directive
Article 13 – paragraph 1

Amendment 154 #

Proposal for a directive
Article 13 – paragraph 1

Amendment 155 #

Proposal for a directive
Article 14 – paragraph 1

Member States shall introduce measures necessary to protect workers, including workers who are employees' representatives, from any adverse treatment by the employer or any form of retaliation, discrimination or adverse consequences resulting from a complaint lodged within the undertaking or any legal proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive.

Amendment 156 #

Proposal for a directive
Article 14.º – paragraph 1

Member States shall introduce measures necessary to protect ~~workers, including workers who are employees' representatives,~~employees from any adverse treatment by the employer or adverse consequences resulting from a complaint lodged within the undertaking or any legal proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive.

Amendment 157 #

Proposal for a directive
Article 15 – paragraph 1

Without prejudice to the powers of the labour inspection services or other bodies, including social services, responsible for monitoring workers' rights, 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 sex are also competent for issues falling within the scope of this Directive.

Amendment 158 #

Proposal for a directive
Article 16 – paragraph 1

Member States may introduce or maintain provisions that are more favourable to workers than those laid down in this Directive, but never below the standards currently in force in national legislation. They shall however ensure that at least four months of parental leave remain non- transferable in accordance with Article 5(2) and that the leave protection is mandatory for parents of children with disabilities and extremely serious illnesses - pursuant to the certification established by the national health authorities.

Amendment 159 #

Proposal for a directive
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~~one months of parental leave remains non-transferable in accordance with Article 5(2).

Amendment 160 #

Proposal for a directive
Article 17 – paragraph 1

Amendment 161 #

Proposal for a directive
Article 18 – paragraph 1

1. At the latest, by ~~fiv~~three years after the entry into force of this Directive, Member States shall communicate to the Commission all relevant information concerning the application of this Directive ~~necessary for the Commission to draw up a report to the European Parliament and the Council on the application of this Directive~~and an in-depth evaluation of the effects of the Directive on female employment statistics, accompanied, if appropriate, by a legislative proposal.

Amendment 162 #

Proposal for a directive
Article 19 – paragraph 1 a (new)

Article 8 of this Directive shall not apply to any period of parental leave taken pursuant to Directive 2010/18/EU prior to … [OJ: please insert the date equivalent to two years from the entry into force of this Directive] and which has been deducted from the total parental leave entitlement under Article 5 of this Directive, as specified in paragraph 1 of this Article.

Amendment 163 #

Proposal for a directive
Article 19 – paragraph 1 b (new)

Notwithstanding the repeal of Directive 2010/18/EU, any period or separate cumulative periods of parental leave taken by a worker, or transferred by that worker pursuant to that Directive prior to … [OJ: please insert the date equivalent to two years from the entry into force of this Directive] may be deducted from that worker’s parental leave entitlement under Article 5 of the present Directive.

Amendment 164 #

The Member States shall without delay 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. They shall forthwith communicate to the Commission the text of those provisions.

Amendment 165 #

Proposal for a directive
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~~four years after the entry into force. They shall forthwith communicate to the Commission the text of those provisions.

Amendment 25 #

Proposal for a directive
Recital 2

(2) Equality between men and women is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union the promotion of equality between women and men is one of the Union's aims. Similarly, Article 23 of the Charter of Fundamental Rights of the European Union requires equality between women and men to be ensured in all areas, including employment, work and pay. This Directive contributes to these objectives by eliminating disparities, strengthening gender equality, promoting a high level of employment and consolidating the social dimension in the Union, as well as boosting upward convergence in the Member States in terms of social benefits.

Amendment 26 #

Proposal for a directive
Recital 2

(2) Equality between men and women is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union the promotion of equality between women and men is one of the Union's aims. Similarly, Article 23 of the Charter of Fundamental Rights of the European Union requires equality between women and men to be ensured in all areas, including employment, work and pay and expressly prohibits any discrimination based on gender, even in pursuit of a work-life balance.

Amendment 27 #

Proposal for a directive
Recital 3

(3) Article 33 of the Charter of Fundamental Rights of the European Union provides for legal, economic and social protection, the right to protection from dismissal for a reason connected with maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child, to reconcile family and professional life.

Amendment 28 #

Proposal for a directive
Recital 3 a (new)

(3a) Article 151 of the Treaty on the Functioning of the European Union provides that the Union and the Member States, having in mind fundamental social rights such as those set out in the European Social Charter and in the Community Charter of the Fundamental Social Rights of Workers, are to have as their objective the promotion of employment, improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained, proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment and the combating of exclusion.

Amendment 29 #

Proposal for a directive
Recital 4 a (new)

(4a) People with disabilities should have the right to income support that ensures living in dignity, services that enable them to participate in the labour market and in society, as well as a work environment adapted to their needs.

Amendment 30 #

Proposal for a directive
Recital 4 b (new)

(4b) Equality of treatment and opportunities between women and men should be ensured and fostered in all areas, including participation in the labour market, terms and conditions of employment and career progression. Women and men have the right to equal pay for work of equal value.

Amendment 31 #

Proposal for a directive
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 c~~ and encouraging the participation and role of men in family life (as mentioned in Article 24 of the Charter of Fundamental Rights: 'Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests') in favour of a fair sharing of responsibilities ~~on an equal basis with women, and closing~~for bringing up and caring for children, thereby helping to close the gender gaps in earnings, pay and payensions. Such policies should take into account demographic changes including the effects of an ageing population: promoting a better work-life balance could in fact represent an important incentive for increasing the birth-rate.

Amendment 32 #

Proposal for a directive
Recital 6

(6) At Union level, several Directives in the fields of gender equality and working conditions already address certain issues that are relevant for work-life balance, in particular Directive 2006/54/EC of the European Parliament and of the Council16, Directive 2010/41/EU of the European Parliament and of the Council17, Council Directive 92/85/EEC18, Council Directive 97/81/EC19, Council Directive 2010/18/EU20 and Council Directive 20100/178/E~~U20~~C. For the purposes of proposals to achieve a better work-life balance, it is also important to refer also to more recent EU actions, in particular the 'Women's Charter' and the 'Strategic Engagement for Gender Equality 2016- 2019'; the Gender Action Plan 2016- 2020; and Commission Communication COM/2016/0127 launching a consultation on the gender-based fragmentation of the labour market to contribute to the construction of a European Pillar of Social Rights. _________________ 16 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23). 17 Directive 2010/41/EU of the European Parliament and of the Council, of 7 July 2010, on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L 180, of 15.07.2010, p. 1). 18 Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (OJ L 348, 28.11.1992, p. 1). 19 Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC - Annex: Framework agreement on part-time work (OJ L 14, 20.1.1998, p. 9). 20 Council Directive 2010/18/EU, of 8 March 2010, implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC (OJ L 68, of 18.03.2010, p. 13).

Amendment 33 #

Proposal for a directive
Recital 6 a (new)

(6a) According to the data for October 2017 (Commission statistics), the male employment rate in the EU was 71.9%, compared to a female employment rate of 61.4%, despite the fact that women have a higher level of education.

Amendment 34 #

Proposal for a directive
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. This contributes substantially to the gender pay gap (as much as to 28% in certain Member States), which accumulates over the working life into a gender pension gap (averaging 40% in the Union) and results in higher risk of poverty and social exclusion. 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.

Amendment 35 #

Proposal for a directive
Recital 7

(7) ~~Work-life balance remains however~~The rise of the dual-earner household has led to work intensification and greater demands for work-life balance. As a result, work-life balance is 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.

Amendment 36 #

Proposal for a directive
Recital 7

Amendment 37 #

Proposal for a directive
Recital 7

(7) Work-life balance remains however a considerable challenge for many parents and ~~worker~~employees 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 employmentelderly dependents or immediate relatives with incapacitating chronic diseases, women are often obliged to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities, leading some women to drop out of the labour market entirely.

Amendment 38 #

Proposal for a directive
Recital 7 a (new)

(7a) According to Eurofound data, over three million people have left full-time employment because they lack facilities for childcare or for caring for dependent family members.

Amendment 39 #

Proposal for a directive
Recital 7 a (new)

(7a) Children have the right to affordable early childhood education and care of good quality.

Amendment 40 #

Proposal for a directive
Recital 7 b (new)

(7b) Regardless of the type and duration of their employment relationship, workers, and, under comparable conditions, the self-employed, have the right to adequate social protection.

Amendment 41 #

Proposal for a directive
Recital 8

(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. There are currently no harmonised Union rules providing for paternity leave or leave to take care of ill or dependant relatives, with exception of absence for reasons of force majeure. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work- life balance arrangements by fathers, such as leave, sufficient incentives to avail themselves of such leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment.

Amendment 42 #

Proposal for a directive
Recital 8

Amendment 43 #

Proposal for a directive
Recital 8 a (new)

(8a) Parents and people with caring responsibilities should have the right to suitable leave, flexible working arrangements and access to care services. Women and men should have equal access to special leaves of absence in order to fulfil their caring responsibilities and should be encouraged to use them in a balanced way.

Amendment 44 #

Proposal for a directive
Recital 9 a (new)

(9a) The social partners should be consulted on the design and implementation of economic, employment and social policies according to national practices. They should be encouraged to negotiate and conclude collective agreements in matters relevant to them, while respecting their autonomy and the right to collective action.

Amendment 45 #

Proposal for a directive
Recital 9 a (new)

(9a) It is important to achieve a balance between professional, private and family life through a broad approach which includes legislative and non- legislative actions, including effective incentives and measures, such as tax credits for childcare and for caring for people in need.

Amendment 46 #

Proposal for a directive
Recital 10

(10) It is appropriate to repeal and replace Directive 2010/18/EU which currently regulates parental leave by putting into effect a framework agreement concluded between the social partners. This Directive builds, in particular, upon the rules laid down in Directive 2010/18/EU and complements them by strengthening existing rights and by introducing new rights. Nothing in the proposed Directive should be interpreted as diminishing previously existing rights under the Parental Leave Directive.

Amendment 47 #

Proposal for a directive
Recital 10

(10) It is appropriate to repeal and ~~replace~~go beyond Directive 2010/18/EU which currently regulates parental leave by putting into effect a framework agreement concluded between the social partners. This Directive builds, in particular, upon the rules laid down in Directive 2010/18/EU and complements them by strengthening existing rights and by introducing new rights.

Amendment 48 #

Proposal for a directive
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~~, while respecting national rules on leave and flexible working arrangements in line with the requirements of this Directive and enabling Member States and social partners to determine the specific provisions thereof. The Directive fully respects the freedom and preferences of workers and families to organise their lives and does not impose on them any obligation to avail themselves of its provisions. If a wide margin of decision- making manoeuvre is achieved at individual and national level, by facilitating the reconciliation of work and family life for parents and 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.

Amendment 49 #

Proposal for a directive
Recital 11

Amendment 50 #

Proposal for a directive
Recital 11

Amendment 51 #

Proposal for a directive
Recital 12

Amendment 52 #

Proposal for a directive
Recital 12 a (new)

(12a) The Directive will have to confirm the priority of establishing a good work- life balance without resorting to the introduction of precarious and atypical working conditions,

Amendment 53 #

Proposal for a directive
Recital 12 b (new)

(12b) The Directive also aims to improve and strengthen the provisions concerning admissibility and regulatory certainty for the granting of parental leave to those with children with disabilities or serious long-term illnesses, especially in order to avoid arbitrary treatment regarding the granting of leave for the relevant age groups going beyond the provisions of current regulations, the introduction of vouchers or special contributions to meet the costs of child care services.

Amendment 54 #

Proposal for a directive
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 to be taken, if requested, on the occasion of the birth or adoption 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 irrespective of seniority or the nature of the employment contract.

Amendment 55 #

Proposal for a directive
Recital 13

(13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paid and mandatory paternity leave for fathers to be taken on the occasion of the birth or adoption 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 56 #

Proposal for a directive
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 second parent 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 57 #

Proposal for a directive
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 to be taken on the occasion of the birth or adoption of a child should be introduced. ~~In order to take~~Taking account of differences among Member States, the right to paternity leave should ~~be irrespective~~not depend ofn marital or family status as defined in national law.

Amendment 58 #

Proposal for a directive
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 foster a close early relationship with the child and encourage the second parent to take parental leave, this Directive, while maintaining the right of each parent to at least four months of parental leave currently provided for by Directive 2010/18/EU, extends from one to four months the period of parental leave which cannot be transferred from one parent to the other.

Amendment 59 #

Proposal for a directive
Recital 14

Amendment 60 #

Proposal for a directive
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 written 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. The Member State authorities shall ensure that employers do not discriminate against workers who request flexible working arrangements, parental leave or leave of absence for urgent family reasons. At the same time, in order to ensure balance between the interests of employers and workers, Member States should ensure that employers are protected against any abuse of such rights. 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 61 #

Proposal for a directive
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 t~~welve~~hirteen 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 in writing 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 (single parents, children with disabilities, serious illnesses).

Amendment 62 #

Gilles LEBRETON

Proposal for a directive
Recital 15

Amendment 63 #

Proposal for a directive
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 t~~welve~~hirteen years old. Member States should be able to specify the period of notice to be given by the ~~worker~~employee 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 ~~worker~~employees 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~~, but in these cases, the employer should provide written 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, ~~worker~~employees 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 64 #

Max ANDERSSON

Proposal for a directive
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~~up to 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, 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 65 #

Proposal for a directive
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~~fourteen 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 t~~. The right to parental leave ~~may~~should not 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 written 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 66 #

Proposal for a directive
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~~eight 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 67 #

Proposal for a directive
Recital 16

(16) In order to facilitate the return to work following parental leave, ~~worker~~employees and employers should be encouraged to maintain contact during the period of leave ~~and may~~, so as to make arrangements for any appropriate reintegration measures, to be decided between the parties concerned, taking into account national law, collective agreements and practice.

Amendment 68 #

Proposal for a directive
Recital 18

(18) In addition to the right to carers' leave provided for in this Directive, all workers should maintain their right to take time off from work ~~on the grounds of force majeure~~ for urgent and unexpected family reasons, currently provided for by Directive 2010/18/EU, under the conditions established by the Member States.

Amendment 69 #

Proposal for a directive
Recital 19

(19) To increase the incentives for ~~worker~~employees with children ~~and caring responsibiliti~~, elderly dependents or immediate relatives with incapacitating chronic diseases, 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~~employee 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 70 #

Proposal for a directive
Recital 19

Amendment 71 #

Proposal for a directive
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, 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 72 #

Proposal for a directive
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, without, however, abusing this right. 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 and ensure that they are properly balanced, it should be possible for Member States to limit the duration of flexible working arrangements, including ~~a reduction in~~provisions for reduced 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 73 #

Proposal for a directive
Recital 21

(21) In order to encourage working parents and carers to remain in the work force, ~~those work~~employers should ~~be able~~give them the possibility 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 ~~worker~~employees 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 ~~worker~~employees 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 other family responsibilities, 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~~n employee’s request for flexible working arrangements should lie with the employer,. Specific circumstances underlying the need for flexible working arrangements can change. ~~Worker~~Employees 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 74 #

Proposal for a directive
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 hour~~part-time work, giving priority to other flexible working arrangements. While working part-time has indeed 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 75 #

Heidi HAUTALA

Proposal for a directive
Recital 23

(23) Workers exercising their rights to leave or to request flexible working arrangements should be protected against discrimination or any less favourable treatment on that ground. Exercising one's right to leave or flexible working arrangements should not have adverse effects on the level of employment or other working conditions.

Amendment 76 #

Proposal for a directive
Recital 23

(23) Workers exercising their rights to leave or to request flexible working arrangements should be protected against discrimination, retaliation or any less favourable treatment on that ground.

Amendment 77 #

Proposal for a directive
Recital 24

(24) Workers exercising their rights to take leave or to request flexible working arrangements provided for in this Directive should enjoy protection from dismissal, pressures and mobbing to the detriment of the worker and any preparations for a possible dismissal on the grounds that they applied for, or have taken such leave or have exercised the right to request such flexible working arrangements. Where workers consider that they have been dismissed on those grounds, they should be able to ask the employer to provide duly substantiated grounds for the dismissal.

Amendment 78 #

Proposal for a directive
Recital 26

(26) Member States should provide for effective, proportionate and dissuasive penalties in the event of 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. The effective implementation of the principle of equal treatment requires adequate judicial protection of ~~worker~~employees against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this Directive. ~~Victim~~Employees may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this Directive. ~~Such protection is particularly relevant as regards workers' representatives in the exercise of their function.~~

Amendment 79 #

Proposal for a directive
Recital 26

(26) Member States should provide for effective, proportionate and dissuasive penalties in the event of 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. The effective implementation of the principle of equal treatment requires adequate judicial protection of workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this Directive. Victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be able to enjoy maximum protectedion from any adverse treatment where they exercise their rights provided for by this Directive. ~~Such~~The same protection ~~is particularly relevant as regards~~should also be provided for workers' representatives in the exercise of their function.

Amendment 80 #

Proposal for a directive
Recital 30

(30) ~~This Directive sh~~Implementation of this Directive by the Member States would avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Member States are therefore invited to assess the impact of their transposition act on SMEs in order to make sure that SMEs are not disproportionately affected, with specific attention for micro-enterprises and for administrative burden.

Amendment 81 #

Proposal for a directive
Article 1 – paragraph 1

This Directive lays down minimum requirements designed to achieve equality between men and women with regard to labour market opportunities and treatment at work in terms of social rights and pay through facilitating the reconciliation of work and family life for working parents and carers.

Amendment 82 #

Proposal for a directive
Article 2 – paragraph 1

This Directive applies to all workers, both men and women, who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State.

Amendment 83 #

Max ANDERSSON

Proposal for a directive
Article 2 – paragraph 1

This Directive applies to all workers, men and women, who have an employment contract or employment relationship as defined by the law, collective agreements and/or practice in force in each Member State.

Amendment 84 #

Jytte GUTELAND

Proposal for a directive
Article 2 – paragraph 1

Amendment 85 #

Proposal for a directive
Article 3 – paragraph 1 – point a

(a) "paternity leave" means paid leave from work for fathers to be taken on the occasion of the birth or adoption of a child;

Amendment 86 #

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;

Amendment 87 #

Proposal for a directive
Article 3 – paragraph 1 – point c

(c) "carer" means a ~~worker~~person providing personal care or support in case of a serious illness or dependency of a relative;

Amendment 88 #

Proposal for a directive
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 law and also an uncle/aunt/grandfather/ grandmother/grandchild who is dependent on the worker and is shown to be in need of special care and assistance;

Amendment 89 #

Proposal for a directive
Article 3 – paragraph 1 – point e

(e) "dependency" "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 illness~~dependent on healthcare ;

Amendment 90 #

Proposal for a directive
Article 3 – paragraph 1 – point f a (new)

(fa) "single parent or carer" means a person who is neither married nor in a partnership as recognised by national law, and who has sole parental or family responsibility for a child, elderly dependents or immediate relatives with incapacitating chronic diseases.

Amendment 91 #

Proposal for a directive
Article 3 – paragraph 1 – point f a (new)

(fa) "single parent" means a person who is unmarried or legally separated from a spouse and has a minor or children for which the parent has either custody or joint custody.

Amendment 92 #

Proposal for a directive
Article 3 – paragraph 1 – point f b (new)

(fb) "unsocial hours working time" means working hours in the evenings, at night and at weekends, that prevent workers from decently organise and appreciate life outside work.

Amendment 93 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall take the necessary measures to ensure that fathers have the right to take pa~~ternity leave~~id paternity leave - like maternity leave - on a mandatory basis of at least tfourteen working days on the occasion of the birth of a child.

Amendment 94 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall take the necessary measures to ensure that fathe~~rs have~~ second parent has the right to take mandatory paid paternity leave of at least tfourteen working days on the occasion of the birth of a child.

Amendment 95 #

Proposal for a directive
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 tfifteen working days on the occasion of the birth or adoption of a child.

Amendment 96 #

Proposal for a directive
Article 4.º – paragraph 1

1. Member States shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least twelven working days on the occasion of the birth or adoption of a child.

Amendment 97 #

Proposal for a directive
Article 4 – paragraph 2

2. The right to paternity leave referred to in paragraph 1 shall include also single parents. It shall be granted irrespective of marital or family status as defined in national law.

Amendment 98 #

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of their length of service and the nature of their contract.

Amendment 99 #

Proposal for a directive
Article 5 – paragraph 1

1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave paid at least what they are legally owed on sick days of at least four months to be taken before the child reaches a given age which shall be at least t~~welve~~hirteen.

source: 615.311

2018/04/12 FEMM 444 amendments...

Amendment 100 #

Proposal for a directive
Recital 11

(11) This Directive lays down minimum requirements related to paternity, and 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.

Amendment 101 #

Proposal for a directive
Recital 11

(11) This Directive lays down minimum requirements related to paternity, parental and ~~carers'~~family assistance leave and to ~~flexible~~ working arrangements with suitable hours 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.

Amendment 102 #

Proposal for a directive
Recital 11

(11) This Directive lays down recommendations for paternity leave, as well as 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.

Amendment 103 #

Proposal for a directive
Recital 12

(12) This Directive should apply to all workers who have employment contracts or other employment relationships. 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. The Union should encourage Member States to extend the enjoyment of the rights set forth by this Directive to the self-employed through national legislative measures. This should especially apply in regard to the self-employed who contribute with their earnings to coverage schemes that finance compensation for the leaves. Member States should be encouraged to develop systems which would enable the self-employed to contribute to such coverage schemes

Amendment 104 #

Proposal for a directive
Recital 12

(12) This Directive should apply to all workers who have employment contracts or other employment relationships. 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. This Directive should also apply in legal relationships which, in accordance with the national law or judicial practice of the Member States, fulfil the characteristics of dependent employment and are therefore deemed to be employment relationships (in particular, in cases of self- employment).

Amendment 105 #

Proposal for a directive
Recital 12

Amendment 106 #

Proposal for a directive
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 107 #

Proposal for a directive
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 to be taken within the first two years of a child’s life, preferably on the occasion of the birth or adoption 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. In order to deter potential abuse, the Member States should be able to introduce a requirement of a minimum period of service before a worker is entitled to benefit from that right, with a maximum duration of one year.

Amendment 108 #

Proposal for a directive
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 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 109 #

Proposal for a directive
Recital 13

(13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paid and mandatory paternity leave for fathers ~~to be taken on the occasion of the birth~~or an equivalent second parent as defined in national law to be taken around the time of the birth, stillbirth or adoption of a child should be introduced. In order to take account of differences among Member States, the right to paternity leaves should be irrespective of marital or family status as defined in national law.

Amendment 110 #

Proposal for a directive
Recital 13

(13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to fully paid and mandatory paternity leave for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth or adoption 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 111 #

Malin BJÖRK, Sirpa PIETIKÄINEN, Julie WARD, Nessa CHILDERS

Proposal for a directive
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 112 #

Proposal for a directive
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 113 #

Beatriz BECERRA BASTERRECHEA, Angelika MLINAR, Izaskun BILBAO BARANDICA

Proposal for a directive
Recital 13

Amendment 114 #

Proposal for a directive
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, with an obligatory period, 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 115 #

Proposal for a directive
Recital 13

(13) In order to encourage a more equal sharing of caring responsibilities between women and men, the ~~right to~~possibility of paternity leave for fathers, 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,~~As regards the right to paternity leave ~~should be irrespective of~~, marital or family status as defined in national law should be taken into consideration.

Amendment 116 #

Proposal for a directive
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 to be taken on the occasion of the birth or adoption 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 117 #

Proposal for a directive
Recital 13 a (new)

(13a) Fathers’ rights should not be recognised and strengthened at the expense of mothers’ rights, through either the withdrawal or the weakening of them. Parents should be encouraged to share family responsibilities with a view to dividing them in a balanced and fair manner. For that to be achieved, mothers’ rights and fathers’ rights must be enshrined separately so that they can exercise them in a complementary manner, free of the inequality that working and social conditions force on them, paving the way for dynamic social progress towards real equality between women and men in this as in other areas of life in society.

Amendment 118 #

Proposal for a directive
Recital 13 b (new)

(13b) The free decision of the woman and the couple regarding how to share parental leave must take into account not only the socio-economic and cultural elements of parenthood but also the biological elements, given the need to guarantee women support and care during pregnancy, childbirth and the postnatal and breastfeeding periods.

Amendment 119 #

Proposal for a directive
Recital 14

Amendment 120 #

Proposal for a directive
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 months of parental leave currently provided for by Directive 2010/18/EU, ~~extends from one to four months the period of parental leave which cannot be transferred~~introduces the possibility of at least two additional months of parental leaves for couples that share at least half of the respective entitlements granted to them by national law. In compliance with the principle of subsidiarity, and in view of ensuring respect for the right to respect for family life, Member States should create the conditions for the members of the couple to have the highest possible degree of choice in deciding on the eventual transfer of portions of parental leave from one parent to the other.

Amendment 121 #

Proposal for a directive
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 months of parental leave currently provided for by Directive 2010/18/EU, ~~extends from one to four months~~ introduces an alternative for Member States to the current one monthe period of parental leave which cannot be transferred from one parent to the other. The alternative shall consist in granting an additional two months leave to parents who share at least half of the total parental leave period granted to them by national law, which should motivate parents in sharing caring responsibilities, while maintaining reasonable flexibility of specific family arrangements.

Amendment 122 #

Proposal for a directive
Recital 14

(14) ~~As t~~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~~ because the salary percentage that they forfeit by taking the leave penalises the household too much and, taken together, these decisions serve to perpetuate gender inequalities. At the same time, owing to an absence of effective mechanisms for monitoring the application of labour law, sometimes men – and even women – are unable to exercise their right ~~of each parent to at least four months~~s as fathers or mothers and parents. Payment of salaries in full for those ofn parental leave ~~currently provided for by Directive 2010/18/EU, extends from one to four months the period of parental leave which cannot be transferred from one parent to the other~~are a prerequisite to leave being shared fairly, with the length of the period taken by each parent being determined freely by the couple.

Amendment 123 #

Proposal for a directive
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, i~~In order to encourage the second parent to take parental leave, this Directive, ~~while~~ maintain~~ing~~ the right of each parent to at least four months of parental leave ~~currently provided for by Directive 2010/18/EU, extends from one to four months the period~~, one month of parental leave which cannot be transferred from one parent to the other.

Amendment 124 #

Proposal for a directive
Recital 14

Amendment 125 #

Proposal for a directive
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 whethduring the period when they most need it and it will be most beneficial for raising their children in a harmonious manner, 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 postpshould be granted for a consecutive, uninterrupted period following the birth of the child of no less than six months, in line with the WHO’s recommendation. Member States may provide for the establishment of supplementary parental leave to enable parents to care for their children beyoned the ~~granting~~period of parental leave uander 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- until the child is twelve years old. The supplementary leave may be taken consecutively, in staggered periods or in combination with part-time work. Member States should be able to specify the period of notimce ~~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- tim~~to be given by the worker to the employer when applying for parental 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 126 #

Proposal for a directive
Recital 15

(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~~eight 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. GiWorkers should also haven th~~at flex~~e possibility ~~makes it more likely that second parents, in particular fathers,~~to return to work earlier than the intended and reported period of parental leave, especially if the reason of the premature return does not depend on the will of the worker and if earlier return is not excessively burdensome for the employer. Given that flexibility makes it more likely that both parents 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, especially parents having a disability and parents with children with a disability or long-term illness requiring more care.

Amendment 127 #

Beatriz BECERRA BASTERRECHEA, Angelika MLINAR, Izaskun BILBAO BARANDICA

Proposal for a directive
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~~most eight years old. Member States should be able to specify t~~he 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 per~~aking into account in particular the constraints of micro, small and medium-sized businesses, a reasonable period of notice to be given by the worker to the employer when applying for parental leave. In order to deter potential abuse, the Member States should be able to introduce a requirement of a minimum period of service before a worker is entitled to benefit from that right, with a maximum duratiodn of ~~service~~one year. 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, in particular with regard to children with disabilities, serious medical conditions or illness, in accordance with their national law and practice.

Amendment 128 #

Proposal for a directive
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, 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 other 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. Member States should, in addition, be permitted to impose certain restrictions, for instance as regards the frequency of applications, minimum periods of validity for changes to working arrangements, and the number of periods in which parental leave may be taken.

Amendment 129 #

Proposal for a directive
Recital 15

Amendment 130 #

Proposal for a directive
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, taking into account the specific conditions in micro, small- and medium- size businesses. 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~~objective circumstances. In such cases, the employer should provide written 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, in particular with regard to children with disabilities, mental health problems, serious medical condition or illness.

Amendment 131 #

Proposal for a directive
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, 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, in particular if they have children, or relatives up to the second degree of consanguinity or affinity, suffering from a disability, serious medical condition or illness.

Amendment 132 #

Proposal for a directive
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 in writing. 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, such as single parents and parents with children with a disability, or a long-term or serious illness.

Amendment 133 #

Proposal for a directive
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 tha reasonable 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 in writing. 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~~specific situations, in particular with regard to children with disabilities, mental health problems, serious medical conditions or illness, in accordance with their national law and practice.

Amendment 134 #

Malin BJÖRK, Sirpa PIETIKÄINEN, Julie WARD, Nessa CHILDERS

Proposal for a directive
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, taking into particular account the requirements of micro, small and medium-sized enterprises. 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 135 #

Proposal for a directive
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 136 #

Proposal for a directive
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~~adaptability of working arrangements 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~~adaptable working arrangement forms. It should be up to the employer whether or not to accept such a request for parental leave in other ~~flexibl~~adaptable worktime 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 137 #

Proposal for a directive
Recital 15

(15) In order to ~~provide greater possibility for~~ensure that 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 ~~provid~~be allowed only to postpone twice and only for a maximum period of six months, and should provide a reasonable and objective justification for the postponement in writing. 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~~national law and collective agreements to define the conditions for taking 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 situation~~challenging situations, including with regard to children with a disability, mental health problems or serious medical conditions or illness.

Amendment 138 #

Proposal for a directive
Recital 15

Amendment 139 #

Proposal for a directive
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, w~~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. 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 140 #

Proposal for a directive
Recital 15 a (new)

(15a) The World Health Organisation recommends that until they are six months old, children only be breastfed, given the resulting health benefits for both the mother and the child. However, about half of mothers wean their babies off during the first month of the baby’s life, suggesting that more mothers than not are unable to breastfeed for as long as they would like owing to a variety of constraints, including having to return to work as a result of the current context of significant deregulation and stripping back of labour protections.

Amendment 141 #

Proposal for a directive
Recital 15 a (new)

(15a) Against the background of an ageing society and the EU-wide trend towards an increasing retirement age, grandparents can help parents to cope with the twin challenges of a professional career and child caring. The help of early semi-retirement schemes can provide a smooth transition from family- professional life to retirement. The EU should therefore be encouraged to allow Member States to provide for the possibility to transfer the parental leave entitlement to their parent as well as to their grandparents.

Amendment 142 #

Proposal for a directive
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 practicedeleted

Amendment 143 #

Proposal for a directive
Recital 16

Amendment 144 #

Proposal for a directive
Recital 16

(16) In order to facilitate the return to work following parental leave, workers and employers should be encouraged to voluntarily 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. Workers who do not wish to maintain contact should not be discriminated against in any way. It should be made clear that employees who do not wish to maintain contact should not be obliged to do so.

Amendment 145 #

Proposal for a directive
Recital 16

(16) In order to facilitate the return to work following parental leave, workers and employers should ~~be encouraged~~have the possibility to maintain contact with their employer during the period of leave ~~and may make~~. Contact between workers and employers should not result in any burden or distress for workers and family members and should facilitate the making of arrangements for any appropriate reintegration measures, to be decided between the parties concerned, taking into account national law, collective agreements and practice

Amendment 146 #

Proposal for a directive
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 147 #

Proposal for a directive
Recital 17

Amendment 148 #

Proposal for a directive
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 149 #

Proposal for a directive
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. The Union should encourage Member States to adopt a more extensive interpretation of “relative” for the purpose of carer’s leave than that set forth in this Directive, without prejudice to the exclusive competence of Member States to define the right to marry and right to found a family, in compliance with Article 9 of the Charter of Fundamental Rights of the EU. To prevent abuse of that right, proof of the serious illness or dependency may be required prior to granting of the leave.

Amendment 150 #

Proposal for a directive
Recital 17

(17) In order to provide greater opportunities to remain in the work force for men and women ~~carrying of~~who, due to an emergency, have to care for an elderly family member and/or other relatives in need of care, workers with a seriously ill or dependaent relative should have the right to take time off from work in the form of carers’ leave to take care of that relative, organise appropriate nursing, or arrange for care to be provided from another source. To prevent abuse of that right, proof of the serious illness or dependency ~~may be required~~should be furnished on request prior to granting of the leave.

Amendment 151 #

Proposal for a directive
Recital 17

(17) In order to provide greater opportunities to remain in the work force for women and women carrying of elderly family member and/or other relatives or dependants in need of care~~, workers with a seriously ill or dependant relative~~ or support due to old age, a serious medical reason, a chronic illness, a disability, a mental health problem or another impairment, should have the right to take time off from work in the form of carers’ leave to take care of that ~~relative~~person. To prevent abuse of that right, proof of the ~~serious illness or dependency may be required prior to granting of the leav~~need of care or support may be required, while protecting at all times the privacy and personal data of both the worker and the person in need of care.

Amendment 152 #

Proposal for a directive
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. To preventestablish a proper legal framework and the necessary assistance for close family – whether older or younger generations – in force majeure, emergency or unforeseen situations without causing the worker’s employment relationship and status to suffer, Member States should provide in labour law for family-related leave with a number of days that can be taken every year and which enables workers to justify work abusence ofn th~~at right, proof of the serious illness or dependency may be required prior to granting of the leave~~e basis of provision of direct assistance to family members, whether children or elderly and/or other relatives in need of care. Proof of the nature of the assistance may be required.

Amendment 153 #

Beatriz BECERRA BASTERRECHEA, Angelika MLINAR, Izaskun BILBAO BARANDICA, Filiz HYUSMENOVA

Proposal for a directive
Recital 17

(17) In order to provide greater opportunities to remain in the work force for men and women carrying ofor 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. To prevent abuse of that right, proof of the serious illness or dependency may be required prior to granting of the leave.

Amendment 154 #

Proposal for a directive
Recital 17

(17) In order to provide greater opportunities to remain in the work force for men and women ~~carrying~~taking care of elderly family member and/or other relatives in need of care, workers with ~~a seriously ill or dependant relative~~relative with care or support needs should have the right to take time off from work in the form of carers’ leave to take care of that relative. To prevent abuse of that right, proof of the ~~serious illness or dependency~~care or support needs may be required prior to granting of the leave.

Amendment 155 #

Proposal for a directive
Recital 17

Amendment 156 #

Proposal for a directive
Recital 17 a (new)

(17a) The establishment of a leave for individual carers should not serve as a substitute for professional, accessible, affordable and high-quality community- based care services, which will also greatly contribute to future economic development.

Amendment 157 #

Proposal for a directive
Recital 18

(18) In addition to the right to carers' leave provided for in this Directive, all workers should maintain their right to take time off from work on the grounds of force majeure for urgent and unexpected family reasons, currently provided for by Directive 2010/18/EU, under the conditions established by the Member States.deleted

Amendment 158 #

Proposal for a directive
Recital 18

(18) ~~In addition to the right to carers’ leave provided for in this Directive, a~~All workers should ~~maintain~~have their right to take time off from work on the grounds of force majeure for urgent and unexpected family reasons, currently provided for by Directive 2010/18/EU, under the conditions established by the Member States.

Amendment 159 #

Proposal for a directive
Recital 18 a (new)

(18a) Member States should incentivise subsidised home care arrangements by supporting ‘independent living’ projects which enable persons requiring assistance to choose to contact qualified professional operators; both men and women would thus be able to combine their working lives more easily with the provision of assistance to elderly relatives, or those with disabilities and/or in need of support.

Amendment 160 #

Proposal for a directive
Recital 19

Amendment 161 #

Proposal for a directive
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 sick leave~~60 % of the worker’s gross wage in case of parental leave and carer’s leave. In case of paternal leave, the level of allowance should be at least equivalent to what the worker concerned would receive in case of sick leave, as applies to the maternal leave allowance prior to Council Directive 92/85/EEC of 19 October1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.

Amendment 162 #

Proposal for a directive
Recital 19

Amendment 163 #

Proposal for a directive
Recital 19

Amendment 164 #

Proposal for a directive
Recital 19

(19) To increase the incentives for workers with children and caring responsibilities, ~~men in particular~~both 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 165 #

Proposal for a directive
Recital 19

Amendment 166 #

Beatriz BECERRA BASTERRECHEA, Izaskun BILBAO BARANDICA, Angelika MLINAR, Filiz HYUSMENOVA

Proposal for a directive
Recital 19

Amendment 167 #

Proposal for a directive
Recital 19

Amendment 168 #

Proposal for a directive
Recital 19

Amendment 169 #

Proposal for a directive
Recital 19 a (new)

(19a) To increase the incentives for workers with children and family responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to pay equivalent to 100% of their salary. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.

Amendment 170 #

Proposal for a directive
Recital 20

(20) In accordance with Directive 2010/18/EU Member States are required to define the status of the employment contract or employment relationship for the period of parental leave. In accordance with the case-law of the Court of Justice of the European Union, the employment relationship between the worker and his employer is therefore maintained during the period of leave and, as a result, the beneficiary of such leave, remains, during that period, a worker for the purposes of Union law. When defining the status of employment contract or employment relationship during the period of the leaves covered by this Directive, ~~including as regards entitlements to social security,~~ the Member States should therefore ensure that the employment relationship is maintained without prejudice to entitlements to social security including to pension contribution to which the worker remains subject throughout the period of leave. In that perspective, Member States shall secure the leave provided for in this Directive shall not affect the worker’s pension entitlements during all this period.

Amendment 171 #

Proposal for a directive
Recital 20 a (new)

(20a) In order to better protect workers taking breaks from employment to provide informal or unpaid care and to recognise the value of that work, Member States should introduce care credits through labour and social security legislation for both women and men as equivalent periods for building up pension rights.

Amendment 172 #

Proposal for a directive
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 with suitable hours, 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 reduca reduction in working hours to enable them to breastfeed or bottle-feed wor~~king hours may lead to lower social security contributions translating into reduced or non-existing pension entitlements. The ultimate decision as to whe~~ make it easier for them to fulfil their 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 requiresresponsibilities to their families. Workers should have the right to return to their original working patterns at the end of a given agreed period.

Amendment 173 #

Proposal for a directive
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 174 #

Proposal for a directive
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 abentitled to ~~request~~employee-oriented flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, employee-oriented 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~~still a large percentage of female part-time work remains involuntary, partly due to caring responsibilities which leads to lower social security contributions ~~translating into~~and 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, who should justify the grounds of refusal in writing while providing options for alternative arrangements. 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 175 #

Proposal for a directive
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, 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 and should take into account the constrains to the working arrangements and planning for the micro, small and medium enterprises, 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~~mutually 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 176 #

Proposal for a directive
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~~adaptable to their needs working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, ~~flexi~~adaptable 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 ~~flexi~~adaptable 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~~adaptable to their needs working arrangements should lie with the employer, who in case of refusal shall in writing adequately justify the refusal and its grounds and furthermore provide alternative options for working arrangements. Specific circumstances underlying the need for ~~flexi~~adaptable 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 177 #

Proposal for a directive
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 abentitled to ~~request~~ flexible working arrangements, meaning for example 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~~demand for flexible working arrangements should lie with the employer, who should justify the refusal in writing. 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 178 #

Proposal for a directive
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, in particular of micro, small and medium-sized enterprises, 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 179 #

Proposal for a directive
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, where possible and appropriate, 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 180 #

Proposal for a directive
Recital 21

(21) In order to encourage working parents and carers to remain in the work force, those workers should ~~be able~~have 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 181 #

Proposal for a directive
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, long periods of reduced working hours may lead to lower social security contributions translating into reduced or non-existing pension entitlements. TWhile the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer, Sspecific 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 182 #

Proposal for a directive
Recital 21 a (new)

(21a) Member States should provide working parents with suitable childcare facilities and services that are of high quality and are affordable for all income groups.

Amendment 183 #

Proposal for a directive
Recital 22

(22) Leave arrangements are intended to support working parents and carers during a specific period of time, and are aimed at maintaining and promoting their continued attachment to the labour market. It is therefore appropriate to make express provision for the protection of the employment rights of workers taking leave covered by this Directive and in particular their right to return to the same or an equivalent post, and not to suffer any detriment in their terms and conditions as a result of their absence. Workers should retain their entitlement to relevant rights already acquired, or in the process of being acquired, until the end of such leave. Equally important is the goal of leave arrangements to ensure that working parents maintain quality of family life, by taking care of their children, carrying out their responsibilities, including their primary educational role especially during early childhood, in the best possible way and by spending quality time with their children. An ineffective reconciliation of family and professional life can also have a negative impact on the physical and mental health of children and parents.

Amendment 184 #

Proposal for a directive
Recital 22

(22) Leave arrangements are intended to support working parents and carers during a specific period of time, and are aimed at maintaining and promoting their continued attachment to the labour market. It is therefore appropriate to make express provision for the protection of the employment rights of workers taking leave covered by this Directive and in particular their right to return to the same or an equivalent post, and not to suffer any detriment in their terms and conditions as a result of their absence. Workers should retain their entitlement to relevant rights already acquired, or in the process of being acquired, until the end of such leave. Equally important is the goal of leave arrangements to ensure that working parents maintain quality of family life, by taking care of their children, carrying out their responsibilities, including their primary educational role, in the best possible way and by spending quality time with their children. An ineffective reconciliation of family and professional life can also have a negative impact on the physical and mental health of parents.

Amendment 185 #

Proposal for a directive
Recital 23

(23) Workers exercising their rights to leave or to request ~~flexible~~adaptable to their needs working arrangements should be protected against discrimination or any less favourable treatment on that ground.

Amendment 186 #

Proposal for a directive
Recital 23

(23) Workers exercising their rights to leave or to request flexible working arrangements should be protected against any form of discrimination or any less favourable treatment on that ground.

Amendment 187 #

Proposal for a directive
Recital 23

(23) Workers exercising their rights to leave ~~or to request flexible working arrangements~~ should be protected against discrimination or any less favourable treatment on that ground.

Amendment 188 #

Proposal for a directive
Recital 23

(23) Workers exercising their rights to leave or to ~~request~~ flexible working arrangements should be protected against discrimination or any less favourable treatment on that ground.

Amendment 189 #

Proposal for a directive
Recital 24

(24) Workers exercising their rights to take leave or to request flexible working arrangements provided for in this Directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for, or have taken, such leave or have exercised the right to request such flexible working arrangements. ~~Where workers consider that they have been dismissed on those grounds, they should be able to ask the employer to provide duly substantiated grounds for the dismissal.~~

Amendment 190 #

Proposal for a directive
Recital 24

(24) Workers exercising their rights to take leave or to request flexible working arrangements provided for in this Directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for, or have taken such leave or have exercised the right to request such flexible working arrangements. Where workers consider that they have been dismissed on those grounds, they should be able to ask the employer to provide duly substantiated grounds for the dismissal in writing.

Amendment 191 #

Proposal for a directive
Recital 24

(24) Workers exercising their rights to take leave or to request ~~flexi~~adaptable working arrangements provided for in this Directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for, or have taken such leave or have exercised the right to request such ~~flexi~~adaptable working arrangements. Where workers consider that they have been dismissed on those grounds, they should be able to ask the employer to provide duly substantiated grounds for the dismissal.

Amendment 192 #

Proposal for a directive
Recital 24

(24) Workers exercising their rights to take leave or to ~~request~~ flexible working arrangements provided for in this Directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for, or have taken such leave or have exercised the right to ~~request~~ such flexible working arrangements. Where workers consider that they have been dismissed on those grounds, they should be able to ask the employer to provide duly substantiated grounds for the dismissal.

Amendment 193 #

Proposal for a directive
Recital 25

Amendment 194 #

Proposal for a directive
Recital 25

(25) The burden of proof that there has been no dismissal on the grounds that workers 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 9~~ should fall on the employer when workers establish, before a court or other competent authority, facts from which it may be presumed that they have been dismissed on such grounds.

Amendment 195 #

Proposal for a directive
Recital 25

Amendment 196 #

Proposal for a directive
Recital 25

Amendment 197 #

Proposal for a directive
Recital 26

(26) In order to ensure the proper implementation of this Directive, Member States shall ensure that labour inspections are in place and furthermore, reassure that adequate human and financial and technical resources are available in order for labour inspections to be conducted. Member States should provide for effective, proportionate and dissuasive penalties in the event of 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. The effective implementation of the principle of equal treatment requires adequate judicial protection of workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this Directive. Victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this Directive. Such protection is particularly relevant as regards workers’ representatives in the exercise of their function.

Amendment 198 #

Proposal for a directive
Recital 26

(26) Member States should provide for effective, proportionate and dissuasive penalties in the event of 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. The effective implementation of the principle of equal treatment requires adequate judicial protection of workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this Directive. Victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this Directive. Such protection is particularly relevant as regards workers’ representatives in the exercise of their function. Labour and social inspections should monitor the appropriate implementation of this Directive with the adequate means to avoid discrimination and ensure equal access of workers to their social and labour rights.

Amendment 199 #

Proposal for a directive
Recital 26

(26) Member States ~~should~~may provide for effective, proportionate and dissuasive penalties in the event of 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. The effective implementation of the principle of equal treatment requires adequate judicial protection of workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this Directive. Victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this Directive. Such protection is particularly relevant as regards workers’ representatives in the exercise of their function.

Amendment 200 #

Proposal for a directive
Recital 27

(27) With a view to further improving the level of protection of rights provided for in this Directive, national equality bodies, workers’ bodies, social care and children’s rights and care bodies should also be competent in the areas covered in this Directive.

Amendment 201 #

Proposal for a directive
Recital 27

(27) With a view to further improving the level of protection of rights provided for in this Directive, national equality and child rights bodies should also be competent in the areas covered in this Directive.

Amendment 202 #

Proposal for a directive
Recital 27

(27) With a view to further improving the level of protection of rights provided for in this Directive, national ~~equality bodie~~labour inspectorates and trade unions should also be competent in the areas covered in this Directive.

Amendment 203 #

Proposal for a directive
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 204 #

Proposal for a directive
Recital 28

(28) This Directive lays down minimum requirements, thus ~~giv~~obliging the Member States t~~he option of introducing or maintaining~~o maintain, and encouraging them to introduce, 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 l~~egislation~~aw, national legislation and employment practices 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.

Amendment 205 #

Proposal for a directive
Recital 28

(28) This Directive lays down minimum requirements, thus ~~giv~~allowing the Member States t~~he option of~~o introduc~~ing~~e or maintain~~ing~~ 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, national legislation and collective agreements 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.

Amendment 206 #

Proposal for a directive
Recital 29 a (new)

(29a) No further EU regulation, including regulations resulting from country-specific recommendations or macroeconomic conditionalities, should encourage the removal in any Member State of existing and acquired rights which fall within the scope of this Directive.

Amendment 207 #

Proposal for a directive
Recital 30

(30) This Directive should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Member States are therefore invited to assess the impact of their transposition act on SMEs in order to make sure that SMEs are not disproportionately affected, with specific attention for micro-enterprises and for administrative burden. Member States may choose to reduce the administrative burden for SMEs and micro-enterprises, without significantly diminishing the rights of workers of SMEs and micro- enterprises established by this Directive, and essentially maintaining an equality of treatment of workers of such enterprises and of workers of other enterprises

Amendment 208 #

Proposal for a directive
Recital 30

Amendment 209 #

Proposal for a directive
Recital 30

(30) ~~This Directive~~In implementing this Directive Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of micro, small and medium-sized undertakings. Member States are therefore invited to assess the impact of their transposition act on SMEs in order to make sure that SMEs are not disproportionately affected, with specific attention for micro- enterprises and for administrative burden.

Amendment 210 #

Proposal for a directive
Recital 30

(30) This Directive should avoid imposing unjustified administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Member States are therefore invited to ~~assess the impact of their transposition act on SMEs in order to make sure~~provide guidance and advice on SMEs in order to successfully implement the Directive while ensuring that SMEs are not disproportionately affected, with specific attention for micro-enterprises ~~and for administrative burden.~~

Amendment 211 #

Proposal for a directive
Recital 30 a (new)

(30a) Member States should provide for tax relief and/or incentives to help micro, small and medium-sized enterprises comply with the terms of this Directive.

Amendment 212 #

Proposal for a directive
Article 1 – paragraph 1

This Directive lays down minimum requirements designed to achieve equality between men and women with regard to labour market opportunities and treatment at work through facilitating the reconciliation of work and family life for working parents ~~and carers~~.

Amendment 213 #

Proposal for a directive
Article 1 – paragraph 2 – point a

a) paternity leave, maternity leave, parental leave and carers' leave;

Amendment 214 #

Proposal for a directive
Article 1 – paragraph 2 – point a

a) paternity leave, parental leave and ~~carers’~~family assistance leave;

Amendment 215 #

Proposal for a directive
Article 1 – paragraph 2 – point a

(a) paternity leave, and parental ~~leave and carers’~~ leave;

Amendment 216 #

Proposal for a directive
Article 1 – paragraph 2 – point b

(b) ~~Flexi~~adaptable working arrangements for work~~ing~~ers parentsing and ~~car~~/or informally providing care to dependent family members.

Amendment 217 #

Proposal for a directive
Article 1 – paragraph 2 – point b

b) ~~flexible~~ working arrangements with suitable hours in the period following parental leave for working parents ~~and carers.~~

Amendment 218 #

Proposal for a directive
Article 1 – paragraph 2 – point b

(b) employee-oriented flexible working arrangements for working parents and carers.

Amendment 219 #

Beatriz BECERRA BASTERRECHEA, Izaskun BILBAO BARANDICA, Filiz HYUSMENOVA

Proposal for a directive
Article 1 – paragraph 2 – point b

(b) flexible working arrangements for working parents ~~and carers~~.

Amendment 220 #

Proposal for a directive
Article 1 a (new)

Article 1a Nevertheless to fully achieve the intended goal of this Directive, it is needed to come up with the committed maternity leave proposal that accommodates the terms of the existing one from 1992 to the current improvements.

Amendment 221 #

Proposal for a directive
Article 2 – paragraph 1

This Directive applies to all ~~workers, men and women, who have an employment contract or employment relationship.~~ natural persons, irrespective of gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation and nationality, who - in accordance with objective criteria defining the status of a worker (e.g. law, collective agreement and/or practices in force in each Member State), and as showcased in several CJEU cases, performs services of some economic value for and under the direction of another person, services in return for which remuneration is received.

Amendment 222 #

Proposal for a directive
Article 2 – paragraph 1

This Directive applies to all workers, men and women, who have an employment contract or employment relationship as well as self-employed workers, as defined by law, collective agreement and/or practices in force in each Member State, in accordance with the criteria for determining the status of a worker as established by the case law of the Court of Justice of the European Union and Directive xx/xx on transparent and predictable working conditions in the European Union.

Amendment 223 #

Beatriz BECERRA BASTERRECHEA, Izaskun BILBAO BARANDICA, Angelika MLINAR, Filiz HYUSMENOVA

Proposal for a directive
Article 2 – paragraph 1

This Directive applies to all workers, men and women, who have an employment contract or employment relationship, as well as self-employed workers, as defined by law, collective agreement and/or practices in force in each Member State, in accordance with the criteria for determining the status of a worker as established by the case law of the Court of Justice of the European Union.

Amendment 224 #

Proposal for a directive
Article 2 – paragraph 1

Amendment 225 #

Proposal for a directive
Article 2 – paragraph 1

This Directive applies to all workers, men and women, who have an employment contract or employment relationship. as well as self-employed workers, as defined by law, collective agreement and/or practices in force in each Member State, in accordance with the criteria for determining the status of a worker as established by the case law of the Court of Justice of the European Union.

Amendment 226 #

Terry REINTKE, Ernest URTASUN

Proposal for a directive
Article 2 – paragraph 1

Amendment 227 #

Malin BJÖRK, Sirpa PIETIKÄINEN, Julie WARD, Nessa CHILDERS, Daniele VIOTTI

Proposal for a directive
Article 2 – paragraph 1

This Directive applies to all workers, ~~men and women~~irrespective 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 228 #

Proposal for a directive
Article 2 – paragraph 1

Amendment 229 #

Proposal for a directive
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 230 #

Proposal for a directive
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 231 #

Proposal for a directive
Article 3 – paragraph 1 – point a

(a) “paternity leave” means paid and mandatory leave from work for fathers ~~to be taken on the occasion of the birth of a child~~or an equivalent second parent as defined in national law to be taken around the time of the birth, stillbirth or adoption of a child. The right to paternity leave referred in paragraph 1 shall be granted irrespective of their length of service or the status of their employment relationship;

Amendment 232 #

Proposal for a directive
Article 3 – paragraph 1 – point a

(a) “paternity leave” means fully paid and mandatory to take leave from work ~~for fathers~~ to be taken on the occasion of the birth o~~f a child~~r adoption of a child or having a child through a surrogacy arrangement. This right shall be enjoyed by fathers or a second parent, spouse or partner as defined by national family law;

Amendment 233 #

Proposal for a directive
Article 3 – paragraph 1 – point a

(a) “paternity leave” means paid leave from work for fathers ~~to be taken~~on the grounds of the birth or adoption of a child, to be taken within the first two years, of the child’s life, preferably on the occasion of the birth or adoption of a child;

Amendment 234 #

Sirpa PIETIKÄINEN, Julie WARD, Nessa CHILDERS, Daniele VIOTTI

Proposal for a directive
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 235 #

Proposal for a directive
Article 3 – paragraph 1 – point a

Amendment 236 #

Beatriz BECERRA BASTERRECHEA, Angelika MLINAR, Izaskun BILBAO BARANDICA

Proposal for a directive
Article 3 – paragraph 1 – point a

(a) “paternity leave” means paid 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 237 #

Proposal for a directive
Article 3 – paragraph 1 – point a

(a) “paternity leave” means paid leave from work for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth or adoption of a child;

Amendment 238 #

Proposal for a directive
Article 3 – paragraph 1 – point a

(a) “paternity leave"” means paid leave from work for fathers to be taken on the occasion of the birth or adoption of a child;

Amendment 239 #

Proposal for a directive
Article 3 – paragraph 1 – point a

a) “paternity leave" means leave from work for fathers to be taken on the occasion of the birth or adoption of a child;

Amendment 240 #

Proposal for a directive
Article 3 – paragraph 1 – point a

(a) “paternity leave” means paid leave from work for fathers to be taken on the occasion of the birth of a child;

Amendment 241 #

Proposal for a directive
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 242 #

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) “parental leave” means paid leave from work on the grounds of the birth or adoption o~~f a child~~r having a child through a surrogacy arrangement, in order for the parent to take care of that child;

Amendment 243 #

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;

Amendment 244 #

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;

Amendment 245 #

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;

Amendment 246 #

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;

Amendment 247 #

Proposal for a directive
Article 3 – paragraph 1 – point b a (new)

(ba) “carer’s leave” means paid leave from work for carers in order to provide personal assistance or support to a person with support needs due to a serious or chronic illness, disability, mental health or age related problem;

Amendment 248 #

Proposal for a directive
Article 3 – paragraph 1 – point b a (new)

(ba) “supplementary parental leave” means time off to care for children up to 12 years old;

Amendment 249 #

Proposal for a directive
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 relative;~~deleted

Amendment 250 #

Proposal for a directive
Article 3 – paragraph 1 – point c

c) “carer” means a worker providing personal care or support in case of adeath, serious ~~illness or dependenc~~accident or illness, hospitalisation or out-patient surgical intervention requiring rest at home, of relatives up to the second degree of consanguinity ofr a ~~relative~~ffinity; where the worker needs to travel to that effect, the period shall be extended by two days;

Amendment 251 #

Proposal for a directive
Article 3 – paragraph 1 – point c

(c) “informal carer” means a worker informally providing personal care or support in case of a serious illness ~~or dependency of a relative;~~ , chronic illness, disability, age related impairment or illness, mental illness or dependency of a relative or a person in their immediate circle; this type of care is provided outside a professional or formal employment framework;

Amendment 252 #

Proposal for a directive
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 relative~~person 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 253 #

Sirpa PIETIKÄINEN, Nessa CHILDERS, Julie WARD, Daniele VIOTTI

Proposal for a directive
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 relative; , or, in accordance with national law, a worker not directly belonging to the family who provides such care on a non- profit basis, upon written request of the person being cared for;

Amendment 254 #

Proposal for a directive
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 255 #

Proposal for a directive
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 relativ~~to a person with care or support needs due to a serious or chronic illness, disability, mental health or age related problem for a relative or a person in his/her immediate circle;

Amendment 256 #

Proposal for a directive
Article 3 – paragraph 1 – point c

(c) “carer” means a worker providing personal care or support ~~in case of a serious illness or dependency~~to a relative or a person in their immediate circle with care or support needs due to a serious or chronic illness, disability, mental health ofr age relat~~ive~~ed problem;

Amendment 257 #

Proposal for a directive
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 relative~~to a relative with support needs due to a serious medical reason, chronic illness, disability or mental health problem;

Amendment 258 #

Proposal for a directive
Article 3 – paragraph 1 – point c

c) “~~carer"~~family assistance” means a worker providing personal ~~car~~assistance or support in case of a ~~serious~~n urgent or unexpected situation, an illness or dependency of a relative;

Amendment 259 #

Daniele VIOTTI, Sirpa PIETIKÄINEN, Julie WARD, Nessa CHILDERS

Proposal for a directive
Article 3 – paragraph 1 – point c a (new)

(ca) “carers’ leave” means leave from work for carers in order to provide personal assistance or support to a relative or a person in the worker’s immediate circle with support needs due to old age, a disability, a mental health problem, a health condition or another impairment.

Amendment 260 #

Proposal for a directive
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 261 #

Proposal for a directive
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 law;~~deleted

Amendment 262 #

Proposal for a directive
Article 3 – paragraph 1 – point d

(d) “relative” means at least a worker’s first-degree relatives (son, daughter, mother, father, s~~pouse or partner in civil partnership, where such partnerships are envisaged by national law;~~ ibling) and second-degree relatives (uncles, aunts, nephews, nieces, grandparents, grandchildren, half- siblings), spouse or partner in civil partnership, where such partnerships are envisaged by national law as well as step- siblings, step- and foster children both in the own and in the spouse’s or partner’s family and children under legal guardianship;

Amendment 263 #

Proposal for a directive
Article 3 – paragraph 1 – point d

(d) “relative” means a worker’s ~~son, daughter, mother, father~~first degree relatives (e.g. sibling, son, daughter, mother, father), second-degree relatives (uncles, aunts, nephews, nieces, grandparents, grandchildren, half- siblings), 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 264 #

Proposal for a directive
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 265 #

Daniele VIOTTI, Malin BJÖRK, Sirpa PIETIKÄINEN, Julie WARD, Nessa CHILDERS

Proposal for a directive
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 266 #

Proposal for a directive
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

(d) “relative” means a worker’s son, daughter, mother, father, spouse or partner in civil partnership, ~~where such partnerships are envisaged by national law~~step-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 268 #

Beatriz BECERRA BASTERRECHEA, Angelika MLINAR, Izaskun BILBAO BARANDICA, Filiz HYUSMENOVA

Proposal for a directive
Article 3 – paragraph 1 – point d

(d) “relative” means a worker’s son, daughter, mother, father, step-child, foster child, mother, father, including adoptive ones, as well as step-father, -mother, siblings, grandparents and grandchildren, spouse or partner in civil partnership, where such partnerships are envisaged by national law;

Amendment 269 #

Proposal for a directive
Article 3 – paragraph 1 – point d

(d) “relative” means ~~a worker’~~first-degree relatives (son, daughter, mother, father, sibling), 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 270 #

Proposal for a directive
Article 3 – paragraph 1 – point d

(d) “relative” means a worker’s son, daughter, mother, father, grandmother, grandfather, spouse or partner in civil partnership, where such partnerships are envisaged by national law, and relative of the worker’s spouse;

Amendment 271 #

Proposal for a directive
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 law~~ny member of family connected by ties of blood, namely a worker's son, daughter, mother, father or spouse;

Amendment 272 #

Proposal for a directive
Article 3 – paragraph 1 – point d a (new)

(da) “designated third party” means a worker to whom a parent transfers their right to leaves covered in this Directive.

Amendment 273 #

Proposal for a directive
Article 3 – paragraph 1 – point d a (new)

(da) “designated third party” means a worker to whom a parent transfers their entitlement to leave.

Amendment 274 #

Beatriz BECERRA BASTERRECHEA, Angelika MLINAR, Izaskun BILBAO BARANDICA

Proposal for a directive
Article 3 – paragraph 1 – point d b (new)

(db) “personal care and support” means personalised assistance, care or support informally performed by a worker to an individual with dependency, disability, age impairment, mental illness or other physical, health and/or mental conditions that do not allow the individual to fully participate in the societal and economic life;

Amendment 275 #

Proposal for a directive
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 illness;~~deleted

Amendment 276 #

Proposal for a directive
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 illness;~~deleted

Amendment 277 #

Proposal for a directive
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 illness;~~care and support needs” mean personalised assistance or support which allows an individual with a disability, a mental health problem, a health condition or age-related impairment preventing a person to participate fully in society.

Amendment 278 #

Proposal for a directive
Article 3 – paragraph 1 – point e

(e) “dependency” means a s~~ituation~~tate 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 279 #

Proposal for a directive
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 illness~~care and support needs” mean personalised assistance or support which allows an individual with a disability, a mental health problem, a age-related need or a health condition to fully participate in society;

Amendment 280 #

Proposal for a directive
Article 3 – paragraph 1 – point e

(e) “~~dependency~~support needs” 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 illness~~reason, chronic illness, disability or mental health problem;

Amendment 281 #

Beatriz BECERRA BASTERRECHEA, Angelika MLINAR, Izaskun BILBAO BARANDICA, Filiz HYUSMENOVA

Proposal for a directive
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 o~~ther than~~r serious illness;

Amendment 282 #

Proposal for a directive
Article 3 – paragraph 1 – point e a (new)

(ea) “care and support needs” mean personalised assistance or support which allows an individual with a disability, a mental health problem, a age-related need or a health condition to fully participate in society;

Amendment 283 #

Proposal for a directive
Article 3 – paragraph 1 – point f

f) “~~flexible~~ working arrangements with suitable hours” means the possibility for workers to adjust their working patterns~~, including through the use of remote working arrangements, flexible working schedules, or a reduction in~~ or reduce their working hours.

Amendment 284 #

Proposal for a directive
Article 3 – paragraph 1 – point f

(f) “employee-oriented flexible working arrangements” means the possibility for workers to adjust their working patterns on a voluntary basis, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours.

Amendment 285 #

Proposal for a directive
Article 3 – paragraph 1 – point f

(f) “flexible working arrangements” means the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, where possible, or of other flexible working schedules, or through a reduction in working hours.

Amendment 286 #

Proposal for a directive
Article 3 – paragraph 1 – point f

(f) “~~flexi~~adaptable work~~ing~~ time arrangements” means the possibility for workers to ad~~jus~~apt their work~~ing~~ time patterns, including through the use of remote working arrangements, ~~flexi~~adjustable working schedules, or a reduction in working hours.

Amendment 287 #

Proposal for a directive
Article 3 – paragraph 1 – point f a (new)

(fa) “single parent” means a person who is neither married nor in a civil partnership and has sole parental responsibility for a child, which is granted by a national competent authority.

Amendment 288 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall take the necessary measures to ensure that fathers have the right to take obligatory paternity leave on the occasion of the birth of a child of at least ~~ten~~30 working days ~~on the occasion of the birth of a child~~at the same time as the mother’s obligatory maternity leave, with at least 15 consecutive and obligatory days immediately after birth. Member States should also consider establishing an additional, optional 30- day paternity leave period which may be taken during the parental leave period or immediately after that period ends.

Amendment 289 #

Proposal for a directive
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~~a mandatory paternity leave of at least ten working days ~~on the occasion of the~~ to be taken around the time of the birth, stillbirth or adoption of a child. Member States may determine whether the leave can also be taken partly before or only directly after the birth, stillbirth ofr adoption of the child.

Amendment 290 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall take the necessary measures to ensure that fathers have the right to take paid paternity leave of at least ten working days on the occasion of the birth of a child. Member States shall impose a proportional time frame following the birth of a child within which the paternity leave must be exhausted. Such time frame shall not be less than 6 weeks following the birth of a child.

Amendment 291 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall take the necessary measures to ensure that fathers or an equivalent - according to the national law- second parent or partner have the right to take fully paid paternity leave of at least ten working days on the occasion of the birth or adoption of a child or through surrogacy become parent of a child.

Amendment 292 #

Proposal for a directive
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 mandatory paternity leave of at least ten working days on the occasion of the birth, stillbirth or adoption of a child.

Amendment 293 #

Proposal for a directive
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 mandatory paternity leave of at least ten working days on the occasion of the birth, stillbirth or adoption of a child.

Amendment 294 #

Beatriz BECERRA BASTERRECHEA, Angelika MLINAR

Proposal for a directive
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 295 #

Proposal for a directive
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 onaround the occasion of the birth, stillbirth or adoption of a child.;

Amendment 296 #

Daniele VIOTTI, Sirpa PIETIKÄINEN, Julie WARD, Nessa CHILDERS

Proposal for a directive
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 297 #

Proposal for a directive
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 within the first two years of a child’s life, preferably on the occasion of the birth or adoption of a child.

Amendment 298 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall take the necessary measures to ensure that fathers ~~have the right to take~~or an equivalent second parents as defined in national law have mandatory paternity leave of at least ten working days on the occasion of the birth or adoption of a child.

Amendment 299 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall take the necessary measures to ensure that fathers have the right to take paternity leave on full pay of at least ten working days on the occasion of the birth of a child.

Amendment 30 #

Proposal for a directive
Title 1

~~Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL~~The Committee on Women’s Rights and Gender Equality calls on the Committee on Employment and Social Affairs, as the committee responsible, to propose rejection of the Commission proposal on work-life balance for parents and carers and repealing Council Directive 2010/18/EU.

Amendment 300 #

Beatriz BECERRA BASTERRECHEA, Angelika MLINAR, Izaskun BILBAO BARANDICA

Proposal for a directive
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 or adoption of a child.

Amendment 301 #

Proposal for a directive
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~~may provide that fathers are entitled to paternity leave of, where possible, not less than ten days on the occasion of the birth of a child.

Amendment 302 #

Proposal for a directive
Article 4 – paragraph 1 a (new)

1a. Member States shall assess the need for the conditions of access and detailed arrangements for the application of paternity leave to be adapted in case of multiple births, premature births, disability. Member States may define other cases for special arrangements for the application of paternity leave.

Amendment 303 #

Proposal for a directive
Article 4 – paragraph 1 a (new)

1a. Member States shall consider introducing the possibility of fathers to take additional unpaid paternity leave provided that this is not excessively burdensome for the employer.

Amendment 304 #

Proposal for a directive
Article 4 – paragraph 2

~~2. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of marital or family status as defined in national law.~~deleted

Amendment 305 #

Proposal for a directive
Article 4 – paragraph 2

2. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of the length or status of the worker’s employment relationship and irrespective of the worker’s marital or family status as defined in national law.

Amendment 306 #

Proposal for a directive
Article 4 – paragraph 2

2. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of marital or family status as defined in national law but also irrespective of their length of service or the status of their employment relationship.

Amendment 307 #

Proposal for a directive
Article 4 – paragraph 2

2. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of marital or family status as defined in national law and irrespective of their length of service or status of their employment.

Amendment 308 #

Proposal for a directive
Article 4 – paragraph 2

2. The right to paternity leave referred to in paragraph 1 shall be granted i~~rrespective of~~n line with marital or family status as defined in national law.

Amendment 309 #

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. Member States shall assess the need for arrangements needed to make sure the application of paternity leave is adapted to the needs of multiple births, premature births, adoption, parents with a disability, parents with mental health problems and parents with children with a disability or with a mental health problem.

Amendment 31 #

Proposal for a directive
Title 1

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on ~~work-life balance~~reconciliation of family and professional for parents and carers and repealing Council Directive 2010/18/EU

Amendment 310 #

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. Member States shall assess the need for the conditions of access and detailed arrangements for the application of paternity leave to be adapted in case of multiple births, premature births, disability. Member States may define other cases for special arrangements for the application of paternity leave.

Amendment 311 #

Proposal for a directive
Article 5 – paragraph 1

1. Member States shall take the necessary measures to ensure that workers have a~~n individual~~ right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve. Member States shall assess the possibility of broadening the relevant provisions, so as to allow the parents to transfer their parental leave entitlement to the grandparents.

Amendment 312 #

Proposal for a directive
Article 5 – paragraph 1

1. Member States shall take the necessary measures to ensure that workers have an individual right to paid parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve. That four-month period shall be extended for single parents and parents of a child with a disability, or a serious or long-term illness.

Amendment 313 #

Proposal for a directive
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 months to be taken before the child reaches a given age which shall be at least twelve. Member States shall ensure that protection measures are applied also to self-employed workers, professionals and entrepreneurs.

Amendment 314 #

Proposal for a directive
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 months to be taken before the child reaches a given age which shall be at least twelve. Member States may increase the threshold of 12 years for children with disabilities.

Amendment 315 #

Proposal for a directive
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 months to be taken before the child reaches a given age which shall be at least twelve. The length of parental leave shall be doubled for single parents.

Amendment 316 #

Proposal for a directive
Article 5 – paragraph 1

1. Member States shall take the necessary measures to ensure that workers have ~~an individual~~the right to parental leave of at least ~~four months to be taken before th~~180 working days to be taken immediately after the birth, leave cwhi~~ld reaches a given age which shall b~~ch the couple may freely decide to share between themselves, but both the mother’s and the fat ~~least twelv~~her’s obligatory periods must remain in place.

Amendment 317 #

Proposal for a directive
Article 5 – paragraph 1

1. Member States shall take the necessary measures to ensure that workers have an individual right to paid, non- transferable parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve.

Amendment 318 #

Proposal for a directive
Article 5 – paragraph 1

1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave on full pay of at least four months to be taken before the child reaches a given age which shall be at least twelve.

Amendment 319 #

Proposal for a directive
Article 5 – paragraph 1

1. Member States shall take the 1. necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least ~~twelve~~eight.

Amendment 32 #

Proposal for a directive
Title 1

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on work-life balance for parents and ~~carers and~~ repealing Council Directive 2010/18/EU

Amendment 320 #

Proposal for a directive
Article 5 – paragraph 1

Amendment 321 #

Proposal for a directive
Article 5 – paragraph 1 a (new)

1a. Member States shall put in place special provisions for single parents, introducing a minimum period of eight months of paid leave. In order to allow for the single-parent to return to the labour market and not become socially and economically marginalised, the single parent shall have the right to transfer a part of the given parental leave to a designated third party.

Amendment 322 #

Proposal for a directive
Article 5 – paragraph 1 a (new)

1a. Member States may specify that two months of parental leave should be taken during the first four years of the child’s life.

Amendment 323 #

Proposal for a directive
Article 5 – paragraph 1 b (new)

1b. Member States shall put in place special provisions for parents with disabilities, introducing a minimum period of eight months of paid leave. In order to allow for parents with disabilities to return to the labour market and not become socially and economically marginalised, parents with disabilities shall have the right to transfer a part of the given parental leave to a designated third party.

Amendment 324 #

Proposal for a directive
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 transferr~~deleted.

Amendment 325 #

Proposal for a directive
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 transferred. Where Member States provide for more than four months’ parental leave, a limited amount of that leave might be transferable not only to the other parent, but also to persons who effectively take care of the child, such as working grandparents.

Amendment 326 #

Proposal for a directive
Article 5 – paragraph 2

2. Where Member States’ national laws foresee parental leave of more than 4 months, which is the minimum duration set by this Directive, the Member States may allow one parent to transfer their parental leave entitlement to the other parent~~, they~~ or to a designated third party, but shall ensure that at least four months of paid parental leave cannot be transferred.

Amendment 327 #

Proposal for a directive
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~~one months of parental leave cannot be transferred, or, alternatively, provide an additional two months leave to parents who share at least half of the total parental leave period granted to them by national law.

Amendment 328 #

Proposal for a directive
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~~provide at least two additional months of paid parental leave ~~cannot be transferred~~to couples that share at least half of the respective entitlements granted to them by national law.

Amendment 329 #

Proposal for a directive
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 transferred~~full discretion and freedom in the use of this leave.

Amendment 33 #

Proposal for a directive
Citation 1

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153 (1) (i) and (2)(b) and article 157 (3) thereof,

Amendment 330 #

Proposal for a directive
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~~two months of parental leave cannot be transferred.

Amendment 331 #

Proposal for a directive
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~~one months of parental leave cannot be transferred.

Amendment 332 #

Proposal for a directive
Article 5 – paragraph 2 a (new)

2a. Single parents shall have access to at least the same level of rights and protection ensured to parents under this Directive and may benefit from specific provisions, in accordance with national law, considering their specific vulnerability.

Amendment 333 #

Proposal for a directive
Article 5 – paragraph 3

3. Member States, after conducting social dialogue with the related stakeholders and unions, shall establish the period of notice to be given by workers to employers when exercising the right to parental leave. In doing so, Member States shall take into account the needs of both employers and workers. Member States shall ensure that the worker’s request specifies the intended beginning and end of the period of leave.

Amendment 334 #

Proposal for a directive
Article 5 – paragraph 3

3. Member States shall establish the period of notice to be given by workers to employers when exercising the right to parental leave. In doing so, Member States shall take into account the needs of both employers, in particular micro, small and medium-sized enterprises, and workers. Member States shall ensure that the worker's request specifies the intended beginning and end of the period of leave.

Amendment 335 #

Ernest URTASUN

Proposal for a directive
Article 5 – paragraph 3 a (new)

3a. Single parents, as defined in national law, shall be allowed to transfer the leave period allocated to the second parent to a designated third party.

Amendment 336 #

Proposal for a directive
Article 5 – paragraph 4

4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed one year. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC21 , with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. __________________ 21 Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p.43).deleted

Amendment 337 #

Proposal for a directive
Article 5 – paragraph 4

4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed one year. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC21 , with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. __________________ 21 Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p.43).deleted

Amendment 338 #

Proposal for a directive
Article 5 – paragraph 4

4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed one year. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC21 , with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. __________________ 21 Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p.43).deleted

Amendment 339 #

Proposal for a directive
Article 5 – paragraph 4

4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed one year. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC21, with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. __________________ 21 Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p.43).deleted

Amendment 34 #

Proposal for a directive
Recital 2

(2) Equality between men and women is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union the promotion of equality between women and men is one of the Union’s aims and according to Article 8 of the Treaty on the Functioning of the European Union equality between women and men should be promoted in all activities of the European Union. Similarly, Article 23 of the Charter of Fundamental Rights of the European Union requires equality between women and men to be ensured in all areas, including employment, work and pay.

Amendment 340 #

Proposal for a directive
Article 5 – paragraph 4

4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed one year. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC21, with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. __________________ 21 Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p.43).deleted

Amendment 341 #

Proposal for a directive
Article 5 – paragraph 5

Amendment 342 #

Proposal for a directive
Article 5 – paragraph 5

5. Member States may define the 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. In case of justified postponement of parental leave, the employer shall, where possible, offer flexible forms of parental leave pursuant to paragraph 6 of this Article.

Amendment 343 #

Proposal for a directive
Article 5 – paragraph 5

5. Member States may define the 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. The employer shall be allowed to postpone the granting of parental leave no more than twice and a maximum period of six months. Employers shall justify any postponement of parental leave in writing.

Amendment 344 #

Proposal for a directive
Article 5 – paragraph 5

5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to once postpone the granting of parental leave by a ~~reasonable period of~~period of three months maximum 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 345 #

Proposal for a directive
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 346 #

Proposal for a directive
Article 5 – paragraph 5

5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone once 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 347 #

Proposal for a directive
Article 5 – paragraph 5

5. Member States ~~may~~shall define the 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 348 #

Proposal for a directive
Article 5 – paragraph 6

Amendment 349 #

Proposal for a directive
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 request in writing within a reasonable period of time following the submission of the application. This justification shall be based on exceptional circumstances that are specifically laid down by law, collective agreement and/or practices in force in each Member State.

Amendment 35 #

Proposal for a directive
Recital 2

(2) Equality between men and women is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union ~~the promotion of equality between women and men is one of the Union’s aims~~, combatting social exclusion and discrimination, promoting social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child are aims of the Union. Similarly, Article 23 of the Charter of Fundamental Rights of the European Union requires equality between women and men to be ensured in all areas, including employment, work and pay.

Amendment 350 #

Proposal for a directive
Article 5 – paragraph 6

6. Member States shall take the necessary measures to ensure that workers have the right to ~~request~~demand parental leave also on a part-time basis, in blocks separated by periods of work or in other flexible forms. Employers shall, in accordance with national law and collective agreements and/or practice, consider and respond to such requests, taking into account the needs of both employers and workers. Employers shall justify any refusal of such a request and set out the grounds in writing.

Amendment 351 #

Proposal for a directive
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~~adaptable to their needs forms. Employers, acting in accordance to the national legislation and collective agreements, 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 request in writing.

Amendment 352 #

Proposal for a directive
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 request~~may only reject such applications on compelling grounds, and the reasons for such a refusal shall be provided to the employee in writing.

Amendment 353 #

Proposal for a directive
Article 5 – paragraph 6

Amendment 354 #

Proposal for a directive
Article 5 – paragraph 6 a (new)

6a. Member States may impose restrictions for the purposes of applying for parental leave, for instance as regards the frequency of requests, minimum periods of validity for changes to working arrangements, and the number of periods in which parental leave may be taken.

Amendment 355 #

Proposal for a directive
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~~through surrogacy, parents having a disability and/or mental health problems and parents with children with a disability or, long-term illness and/or mental health problems.

Amendment 356 #

Proposal for a directive
Article 5 – paragraph 7

7. Member States shall assess the need for ~~the conditions of access and detailed arrangements for~~arrangements needed to make sure the application of parental leave ~~to be~~is adapted to the needs of adoptive parents, parents ~~having~~with a disability, parents with mental health problems and parents with children with a disability or, a long-term illness or mental health problems.

Amendment 357 #

Proposal for a directive
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, single parents and parents with children with a disability, or a long-term or serious illness.

Amendment 358 #

Beatriz BECERRA BASTERRECHEA, Angelika MLINAR, Izaskun BILBAO BARANDICA, Filiz HYUSMENOVA

Proposal for a directive
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 359 #

Proposal for a directive
Article 5 – paragraph 7

7. Member States shall assess the ~~need for the conditions of access and detailed arrangements for~~arrangements needed to make sure the application of parental leave ~~to be~~is adapted to the needs of adoptive parents, ~~parents having a disability and~~disabled parents, parents with mental health problems, parents ~~with~~of children with a disability or, a long-term illness or mental health problems.

Amendment 36 #

Proposal for a directive
Recital 2

(2) ~~Equality between men and women~~Gender equality is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union the promotion of equality between women and men is one of the Union’s aims. Similarly, ~~Article 23~~under Title III of the Charter of Fundamental Rights of the European Union ~~requires equality between women and men~~, everyone is equal before the law and moreover Articles 21 and 23 prohibits discrimination and requires equality to be ensured in all areas, including employment, work and pay.

Amendment 360 #

Proposal for a directive
Article 5 a (new)

Article 5a Supplementary parental leave 1. Member States shall consider establishing supplementary parental leave, lasting no less than 3 months per parent, which enables parents to provide assistance after they have taken their parental leave to a child or adopted minor up to 12 years old. 2. Whether and how to take or share the leave shall be freely decided by the couple. 3. Member States shall lay down the conditions under which leave may be taken consecutively, for staggered periods or spread over a period longer than 4 months if taken by a parent working part- time. 4. Member States shall determine the deadlines by which workers must tell their employers that they will take the leave and provide their employers with the substantiation necessary for them to take the leave.

Amendment 361 #

Proposal for a directive
Article 6 – title

~~6 Carers' leav~~Leave for workers who informally provide care

Amendment 362 #

Proposal for a directive
Article 6 – title

~~Carers'~~Family assistance leave

Amendment 363 #

Proposal for a directive
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~~twelve (12) working days per year, per worker~~. Such right may be subject to appropriate substantiation of the medical condition of the worker's relativ~~ who informally provides care to relatives and/or other dependent persons. Such right may be subject to appropriate substantiation of the needs for care of the worker's relative and/or other dependent persons. The information on the medical or mental condition or situation of loss of autonomy should be kept confidential and be shared only with a restricted number of involved services to safeguard the right to data protection of both the worker and the person in need of care.

Amendment 364 #

Proposal for a directive
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~~ on full pay, per worker in case of death, serious accident or illness, hospitalisation or out-patient surgical intervention requiring rest at home, of relatives up to the second degree of consanguinity or affinity; where the worker needs to travel to that effect, the period shall be extended by two days. Such right may be subject to appropriate substantiation of the medical condition of the worker's relative.

Amendment 365 #

Proposal for a directive
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~~be absent from work for not less than five, but not more than ten working days per year where this is required in case of emergency in order to organise appropriate care for a dependent close relative or ensure that nursing care can be provided during the period concerned. Such a right may be subject ~~to appropriate substantiation of the medical condition of the worker’s relative~~, where an employer so requests, to a medical certificate confirming the dependency of the close relative in question.

Amendment 366 #

Proposal for a directive
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 367 #

Beatriz BECERRA BASTERRECHEA, Angelika MLINAR, Izaskun BILBAO BARANDICA, Filiz HYUSMENOVA

Proposal for a directive
Article 6 – paragraph 1

Amendment 368 #

Daniele VIOTTI, Malin BJÖRK, Sirpa PIETIKÄINEN, Julie WARD, Nessa CHILDERS

Proposal for a directive
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 condition~~serious or chronic illness, disability, mental health or age related problem of the worker's relative.

Amendment 369 #

Proposal for a directive
Article 6 – paragraph 1

Amendment 37 #

Proposal for a directive
Recital 2 a (new)

(2a) According to Article 8 TFEU the Union must aim to eliminate inequalities and to promote equality between men and women in all its activities.

Amendment 370 #

Proposal for a directive
Article 6 – paragraph 1

Member States shall take the necessary measures to ensure that workers have the right to non-transferable carers' leave of at least fitwelve working days per year, per worker. Such right may be subject to appropriate substantiation of the ~~medical condition of the worker's relative~~support needs of the person requiring such support.

Amendment 371 #

Proposal for a directive
Article 6 – paragraph 1

Member States shall take the necessary measures to ensure that workers have the right to ~~carers'~~family assistance leave of at least fivefteen working days per year, per worker. Such right may be subject to appropriate substantiation of the medical condition of the worker's relative.

Amendment 372 #

Proposal for a directive
Article 6 – paragraph 1

Amendment 373 #

Proposal for a directive
Article 6 – paragraph 1 a (new)

Member States shall adopt economic measures and incentives to promote subsidised home care arrangements which provide for the use of qualified operators. The economic incentives must be calculated on the basis of the worker’s reference income.

Amendment 374 #

Proposal for a directive
Article 6 – paragraph 1 a (new)

Workers shall be obliged to inform their employer without delay of their inability to work and the probable duration thereof.

Amendment 375 #

Proposal for a directive
Article 6 a (new)

Article 6a The information on the medical condition or situation of loss of autonomy should be kept confidential and be shared only with a restricted number of involved services to safeguard the right to data protection of both the worker and the person in need of care.

Amendment 376 #

Proposal for a directive
Article 7 – paragraph 1

Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness or accident making the immediate presence of the worker indispensable. ~~Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both.~~

Amendment 377 #

Beatriz BECERRA BASTERRECHEA, Angelika MLINAR, Izaskun BILBAO BARANDICA, Filiz HYUSMENOVA

Proposal for a directive
Article 7 – paragraph 1

Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons, in particular in cases of illness, mental health problems or accident making the immediate presence of the worker indispensable. Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both.

Amendment 378 #

Proposal for a directive
Article 7 – paragraph 1

Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness, mental health problems, or accident making the immediate presence of the worker indispensable. Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both.

Amendment 379 #

Proposal for a directive
Article 7 – paragraph 1

Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of death, illness or accident making the immediate presence of the worker indispensable. ~~Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both~~In order for the leave to be on full pay, employers may request proof of the reason for the absence.

Amendment 38 #

Beatriz BECERRA BASTERRECHEA, Angelika MLINAR, Izaskun BILBAO BARANDICA

Proposal for a directive
Recital 3

(3) Article 33 of the Charter of Fundamental Rights of the European Union provides for the right to protection from dismissal for a reason connected with maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child, to reconcile family and professional life. The right to work and to respect for family life, should be ensured also by EU law. Family- friendly working environments are crucially important. Furthermore, the well-being and best interests of children are one of the primary considerations in the development, monitoring and implementation of work-life balance policies.

Amendment 380 #

Proposal for a directive
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 a~~t least equivalent to what the worker concerned would receive in case of sick leave~~s follows: (a) For the minimum period of paternity leave provided for in Article 4, a payment or allowance not lower than 85% of the worker’s gross wage, whilst ensuring the principle of equality between women and men; (b) For the minimum period of the four non-transferable months of parental leave provided in article 5, a payment or allowance not lower than 85% of the worker’s gross wage. (c) For the minimum period of carers’ leave provided for in Article 6, a payment or an adequate allowance at least equivalent to 85% of the worker’s gross salary.

Amendment 381 #

Proposal for a directive
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.~~ the following payment or adequate allowance: (a) for the minimum period of paternity leave as referred to in Article 4(1), a payment or adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave (b) for the minimum period of parental leave as referred to in Article 5(1) and carers´ leave as referred to in Article 6, a payment or allowance which shall represent at least 60% of the worker´s gross wage.

Amendment 382 #

Proposal for a directive
Article 8 – paragraph 1

Amendment 383 #

Proposal for a directive
Article 8 – paragraph 1

Amendment 384 #

Proposal for a directive
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~~100% of their salary. The leave referred to in Article 5a shall be paid at 100% if taken immediately and consecutively after parental leave.

Amendment 385 #

Proposal for a directive
Article 8 – paragraph 1

Amendment 386 #

Proposal for a directive
Article 8 – paragraph 1

Amendment 387 #

Proposal for a directive
Article 8 – paragraph 1

Amendment 388 #

Proposal for a directive
Article 8 – paragraph 1

Amendment 389 #

Proposal for a directive
Article 8 – paragraph 1

Amendment 39 #

Proposal for a directive
Recital 3 a (new)

(3a) Nothing in this Directive can be construed as affecting the exclusive competence of the Member States in defining the right to marry and right to found a family, in compliance with Article 9 of the Charter of Fundamental Rights of the EU.

Amendment 390 #

Proposal for a directive
Article 8 – paragraph 1

Amendment 391 #

Proposal for a directive
Article 9 – title

~~9 F~~Employee-oriented flexible working arrangements

Amendment 392 #

Proposal for a directive
Article 9 – title

~~Flexible w~~Working arrangements with suitable hours

Amendment 393 #

Proposal for a directive
Article 9 – title

~~9 Flexi~~Adaptable working arrangements

Amendment 394 #

Proposal for a directive
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 at least twelve, and ~~carer~~workers who informally provide care to relatives and/or dependent persons, have the right to request ~~flexi~~adaptable working arrangements for caring purposes. The ~~duration of such flexible~~adaptable working arrangements shall be reversible, worker friendly and applicable to all forms of contracts. The duration of such adaptable to the worker's needs working arrangements may be subject to a reasonable limitation.

Amendment 395 #

Proposal for a directive
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 at least twelve~~, 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 396 #

Proposal for a directive
Article 9 – paragraph 1

1. Member States shall take the necessary measures to ensure that workers with children or grandchildren up to a given age, which shall be at least twelve, 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 397 #

Beatriz BECERRA BASTERRECHEA, Angelika MLINAR, Izaskun BILBAO BARANDICA, Filiz HYUSMENOVA

Proposal for a directive
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 at least twelve, and carers, have the right~~ have the right to working arrangements with suitable hours which enable them to bre~~quest flexible working arrangements for caring purpos~~astfeed or bottle-feed or fulfil their responsibilities to their families. The duration of such ~~flexible~~ working arrangements may be subject to a reasonable limitation.

Amendment 398 #

Proposal for a directive
Article 9 – paragraph 1 a (new)

1a. Single parents, as defined in national law, shall be allowed to transfer the leave period allocated to the second parent to a person of their choice. Member States may, if the individual right to parental leave exceeds four months, allow parents to transfer between themselves the exceeding period. Single parents, as defined in national law, shall be allowed to transfer the leave period allocated to the second parent to a person of their choice. Member States may, if the individual right to parental leave exceeds four months, allow parents to transfer between themselves the exceeding period.

Amendment 399 #

Proposal for a directive
Article 9 – paragraph 1 a (new)

1a. Member States may adopt tax relief and/or incentives to help micro, small and medium-sized enterprises comply with the terms of this Directive.

Amendment 40 #

Proposal for a directive
Recital 3 a (new)

Amendment 400 #

Proposal for a directive
Article 9 – paragraph 2

Amendment 401 #

Proposal for a directive
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. Employers shall consider and respond in writing to requests adaptable working arrangements referred to in paragraph 1, taking into account the needs of both employers, in particular micro and small and medium-sized enterprises (MSMEs), and workers. Employers shall adequately justify any refusal and its grounds of such a request and shall provide alternative options in writing.

Amendment 402 #

Proposal for a directive
Article 9 – paragraph 2

2. Employers shall consider and 2. respond in writing to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify in writing any refusal o~~f such a request~~r postponement of such requests within a reasonable period of time following the submission of the application. This Justification shall be based on exceptional circumstances that are specifically laid down by law, collective agreement and/or practices in force in each Member State.

Amendment 403 #

Proposal for a directive
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. Employers shall ultimately have the power to decide whether or not to accept a worker’s request for flexible working arrangements.

Amendment 404 #

Proposal for a directive
Article 9 – paragraph 2

Amendment 405 #

Proposal for a directive
Article 9 – paragraph 2

Amendment 406 #

Proposal for a directive
Article 9 – paragraph 2

Amendment 407 #

Proposal for a directive
Article 9 – paragraph 2

Amendment 408 #

Proposal for a directive
Article 9 – paragraph 2

Amendment 409 #

Proposal for a directive
Article 9 – paragraph 2

Amendment 41 #

Beatriz BECERRA BASTERRECHEA, Angelika MLINAR, Izaskun BILBAO BARANDICA, Filiz HYUSMENOVA

Proposal for a directive
Recital 4

(4) The Union isand all EU Member States are partyies 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,~~Convention underlines the conviction that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State, and that persons with disabilities and their family members should receive the necessary protection and assistance to enable families to contribute towards the full and equal enjoyment of the rights of persons with disabilities. The provisions of that Convention are 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.

Amendment 410 #

Proposal for a directive
Article 9 – paragraph 2

Amendment 411 #

Proposal for a directive
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~~, in particular in micro, shmall ~~justify any refusal of such a requ~~and medium-sized businessest.

Amendment 412 #

Proposal for a directive
Article 9 – paragraph 3

3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. ~~The worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies.~~ Employers shall be obliged to consider and respond to such requests, taking into account the needs of both employers and workers.

Amendment 413 #

Beatriz BECERRA BASTERRECHEA, Angelika MLINAR, Izaskun BILBAO BARANDICA, Filiz HYUSMENOVA

Proposal for a directive
Article 9 – paragraph 3

3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies. Employers shall be obliged to consider and respond in writing to such requests, taking into account the needs of both employers and workers.

Amendment 414 #

Proposal for a directive
Article 9 – paragraph 3

3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies. Employers shall be obliged to consider and respond in writing to such requests, taking into account the needs of both employers and workers.

Amendment 415 #

Proposal for a directive
Article 9 – paragraph 3

3. When ~~flexi~~adaptable working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to ~~request to~~ return to the original working pattern whenever a change of circumstances so justifies. Employers shall be obliged to consider and respond to such requests in writing, taking into account the needs of both employers and workers.

Amendment 416 #

Proposal for a directive
Article 9 – paragraph 3

3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies. Employers shall be obliged to consider and respond in writing to such requests, taking into account the needs of both employers and workers.

Amendment 417 #

Proposal for a directive
Article 9 – paragraph 3

3. When ~~flexibl~~the working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies. Employers shall be obliged to consider and respond to such requests, taking into account ~~the needs of both employers and worker~~workers’ needs.

Amendment 418 #

Proposal for a directive
Article 9 – paragraph 3

3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern when~~ever a change of circumstances so justifies~~ requested. Employers shall be obliged to consider and respond in writing to such requests, taking into account the needs of both employers and workers.

Amendment 419 #

Proposal for a directive
Article 9 – paragraph 3 a (new)

3a. Member States shall assess the need for arrangements to ensure the application of flexible working time is adapted to the needs of adoptive parents, parents with a disability, parents with mental health problems and parents of children with a disability, a long-term illness or mental health problems.

Amendment 42 #

Proposal for a directive
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 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 420 #

Proposal for a directive
Article 9 a (new)

Article 9a Socio-educational facilities and services Member States shall ensure that public socio-educational facilities and services for early childhood are in place and are tailored to the needs of the population. Member States shall also encourage the provision of supplementary services, in addition to kindergartens, such as family nurseries (or ‘Tagesmutter’), local nurseries, play areas and child-parent centres. Member States shall ensure that workers who fall within the most disadvantaged income brackets also have access to those facilities and services.

Amendment 421 #

Proposal for a directive
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 422 #

Proposal for a directive
Article 10 – paragraph 2

2. Member States shall ensure that, at the end of leave referred to in Article 4, 5 or 6, workers are entitled to return to their jobs or to obtain equivalent posts on terms and conditions which are no less favourable to them and which correspond to the employment contract, and to benefit from any improvement in working conditions to which they would have been entitled during their absence.

Amendment 423 #

Proposal for a directive
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 424 #

Proposal for a directive
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~~, including as regards entitlements to social security,~~ while ensuring that the employment relationship is maintained during that period but also without prejudice to entitlements to social security including to pension contribution to which the worker remains subject throughout thate period of leave.

Amendment 425 #

Proposal for a directive
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 426 #

Proposal for a directive
Article 10 – paragraph 3 a (new)

3a. Member States shall ensure that periods of leave referred to in Article 4, 5 or 6 are considered to be equivalent to periods of employment and therefore taken into account as such for the calculation of all social security entitlements, including for pensions.

Amendment 427 #

Proposal for a directive
Article 10 a (new)

Article 10a Collective agreements and bargaining Social partners play an important role in gender equality mainstreaming, thus establishing, improving and effectively enforce provisions for parental, maternity and paternity leave through collective agreements and bargaining. Collective agreements can function as guidance or reinforcement of existing national-level policies and support the implementation of initiatives that promote gender equality and work-life balance.

Amendment 428 #

Proposal for a directive
Article 11 – title

Non-discrimination and protection from dismissal

Amendment 429 #

Proposal for a directive
Article 11 – paragraph 1

Member States shall take the necessary measures to prohibit less favourable treatment of workers on the ground 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. These shall include, in line with national law, the prohibition of 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 9.

Amendment 43 #

Proposal for a directive
Recital 4

Amendment 430 #

Proposal for a directive
Article 11 – paragraph 1

Member States shall take the necessary measures to prohibit any form of discrimination and less favourable treatment of workers on the ground 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.

Amendment 431 #

Proposal for a directive
Article 11 – paragraph 1

Amendment 432 #

Proposal for a directive
Article 11 – paragraph 1

Amendment 433 #

Proposal for a directive
Article 11 – paragraph 1

Amendment 434 #

Proposal for a directive
Article 12

Protection from dismissal and burden of 1. 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 9. 2. 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 9 may request the employer to provide duly substantiated grounds for the dismissal. The employer shall provide those grounds in writing. 3. necessary measures to ensure that, when workers referred to in paragraph 2 establish, before a court or other competent authority, facts from which it may be presumed that there have been such dismissal, it shall be for the respondent to prove that the dismissal was based on grounds other than those referred to in paragraph 1. 4. Member States from introducing rules of evidence which are more favourable to plaintiffs. 5. paragraph 3 to proceedings in which it is for the court or competent body to investigate the facts of the case. 6. criminal procedures, unless otherwise provided by the Member States.Article 12 deleted proof Member States shall take the Workers who consider that they Member States shall take the Paragraph 3 shall not prevent Member States need not apply Paragraph 3 shall not apply to

Amendment 435 #

Proposal for a directive
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 9.

Amendment 436 #

Proposal for a directive
Article 12 – paragraph 1

Amendment 437 #

Proposal for a directive
Article 12 – paragraph 1

Amendment 438 #

Proposal for a directive
Article 12 – paragraph 1

Amendment 439 #

Beatriz BECERRA BASTERRECHEA, Angelika MLINAR, Izaskun BILBAO BARANDICA, Filiz HYUSMENOVA

Proposal for a directive
Article 12 – paragraph 1

Amendment 44 #

Proposal for a directive
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, in its Article 23, the Convention provides that 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 440 #

Proposal for a directive
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~~ and 5 or of exercising the right to request flexible working arrangements referred to in Article 9 may request the employer to provide duly substantiated grounds for the dismissal. ~~The employer shall provide those grounds in writing.~~

Amendment 441 #

Proposal for a directive
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 9 may request the employer to provide duly substantiated grounds for the dismissal. The employer shall provide those grounds in writing.

Amendment 442 #

Proposal for a directive
Article 12 – paragraph 3

3. Member States shall take the necessary measures to ensure that, when workers ~~referred to in paragraph 2~~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 establish, before a court or other competent authority, facts from which it may be presumed that there have been such dismissal, it shall be for the respondent to prove that the dismissal was based on grounds other than ~~those referred to in paragraph 1~~having applied for, or having taken, leave referred to in Article 4, 5 or 6.

Amendment 443 #

Proposal for a directive
Article 13 – paragraph 1

Member States ~~shall~~may 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.

Amendment 444 #

Proposal for a directive
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 445 #

Proposal for a directive
Article 13 – paragraph 1

Amendment 446 #

Proposal for a directive
Article 15 – title

~~Equality bodie~~National Labour Inspectorates and/or Trade Unions

Amendment 447 #

Proposal for a directive
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 workers who informally provide carers, without gender discrimination ~~on grounds of sex are~~are also competent for issues falling within the scope of this Directive. These national bodies shall also be competent ~~for issues falling within~~in monitoring the implementation of this Directive on national level and provide gender disaggregated data to EIGE in order to allow for the scproper monitoring and assessment of this Directive's application.

Amendment 448 #

Proposal for a directive
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 449 #

Proposal for a directive
Article 16 – title

Level of protection and non-regression

Amendment 45 #

Proposal for a directive
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. Furthermore, Member States shall take effective and appropriate measures to eliminate discrimination on grounds of disabilities in all matters relating to marriage, family, parenthood and relationships, according to Article 23 of the Convention.

Amendment 450 #

Proposal for a directive
Article 16 – paragraph 1

Member States may introduce or maintain provisions that are more favourable to workers than those laid down in this Directive. The~~y shall however ensure that at least~~ provisions adopted in this Directive do not make it possible four ~~months of parental leave remain non-transferable in accordance with Article 5(2~~workers to be stripped of more favourable rights enshrined in national law. The definition of minimum rights levels in this Directive may not justify workers being stripped of protection or rights in any Member State under the pretext that the EU is imposing new rules (including in the context of country-specific recommendations).

Amendment 451 #

Proposal for a directive
Article 16 – paragraph 1

Member States may introduce or maintain provisions that are more favourable to workers than those laid down in this Directive, provided that such provisions are not excessively burdensome for employers, especially small and middle sized enterprises. They shall however ensure that at least ~~four~~one months of parental leave remains non-transferable in accordance with Article 5(2).

Amendment 452 #

Proposal for a directive
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~~two months of parental leave remain non-transferable in accordance with Article 5(2).

Amendment 453 #

Proposal for a directive
Article 16 a (new)

Article 16a Non-regression clause The implementation of this Directive shall not be sufficient grounds for any regression in relation to the existing situation in the Member States and in relation to the general level of protection of workers in the areas to which it applies. Member States and/or the social partners may maintain or introduce more favourable provisions for workers than those set out in this Directive.

Amendment 454 #

Proposal for a directive
Article 17 – paragraph 1

Member States shall ensure that the provisions adopted pursuant to this Directive, together with the relevant provisions already in force relating to the subject matter as set out in Article 1 of this Directive, are brought by all appropriate means to the attention of the persons concerned throughout their territory, also through the Single Digital Gateway.

Amendment 455 #

Proposal for a directive
Article 17 a (new)

Article 17a More favourable provisions 1. The implementation of this Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member states. 2. This Directive shall not affect Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements more favourable to workers. 3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.

Amendment 456 #

Proposal for a directive
Article 17 a (new)

Article 17a Dialogue with relevant stakeholders With a view to promoting the objectives of this Directive, the European Union and its Member States shall encourage dialogue with relevant stakeholders, in particular with parents and family associations, employers and trade unions.

Amendment 457 #

Proposal for a directive
Article 17 a (new)

Amendment 458 #

Proposal for a directive
Article 18 – paragraph 1

1. At the latest, by five years after the entry into force of this Directive, Member States shall communicate to the Commission all relevant information concerning the application of this Directive necessary for the Commission to draw up a report and assess the implementation of this Directive’s objectives, including its impact on the development of micro, small and medium-sized enterprises, to the European Parliament and the Council on the application of this Directive.

Amendment 459 #

Proposal for a directive
Article 18 – paragraph 1

Amendment 46 #

Proposal for a directive
Recital 4 a (new)

(4a) All Member States have signed and ratified the United Nations Convention on the Rights of the Child and are therefore legally bound to take all measures for the implementation of the rights concerned. The Convention provides, among other things, in its Article 18 that parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child, and that the best interests of the child will be their basic concern. It also reminds States of their responsibility to take all appropriate measures to ensure that children of working parents have the right to benefit from child-care services and facilities for which they are eligible.

Amendment 460 #

Beatriz BECERRA BASTERRECHEA, Angelika MLINAR, Izaskun BILBAO BARANDICA, Filiz HYUSMENOVA

Proposal for a directive
Article 18 – paragraph 1

Amendment 461 #

Proposal for a directive
Article 18 – paragraph 1 a (new)

1a. “More favourable provisions” 1. The implementation of this Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States. 1. This Directive shall not affect Member States' prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements more favourable to workers. 2. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.

Amendment 462 #

Terry REINTKE, Ernest URTASUN

Proposal for a directive
Article 18 – paragraph 1 a (new)

1a. By three years after the date of entry into force of this Directive, the Commission shall assess the possibility to include other types of leave in this Directive, including maternity leave, leave for foster care and specific leave arrangements for persons with parental responsibility.

Amendment 463 #

Proposal for a directive
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.

Amendment 464 #

Daniele VIOTTI, Malin BJÖRK, Sirpa PIETIKÄINEN, Julie WARD, Nessa CHILDERS

Proposal for a directive
Article 18 – paragraph 2

Amendment 465 #

Proposal for a directive
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 gender-specific data on the take-up of the different types of leave set out in this Directive and their impact on micro, small and medium-sized enterprises, accompanied, if appropriate, by a legislative proposal.

Amendment 466 #

Proposal for a directive
Article 18 – paragraph 2

2. On the basis of the information provided by Member States pursuant to paragraph 1 and the assessment pursuant to paragraph 1a, the Commission shall submit to the European Parliament and the Council a report in which it reviews the application of this Directive, accompanied, if appropriate, by a legislative proposal.

Amendment 467 #

Proposal for a directive
Article 18 – paragraph 2 a (new)

2a. At the latest, by three years after the entry into force of this Directive, the Commission shall assess the possibility to recast the Directives on maternity, paternity, parental and informal carers´ leaves into a single European Directive providing for an equal and non- transferable parental leave entitlement for parents in case of child birth or adoption or having child after surrogacy;

Amendment 468 #

Proposal for a directive
Article 18 – paragraph 2 a (new)

2a. The Commission shall also assess soon after the date of entry into force of this Directive its compliance with the principle of equal treatment of different levels of income replacement for different types of leave and introduce immediately the necessary legislative measures if such discrimination is identified.

Amendment 469 #

Proposal for a directive
Article 18 a (new)

Article 18a Non-regression 1. The implementation of this Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States. 2. This Directive shall not affect Member States' prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of more favourable collective agreements. 3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.

Amendment 47 #

Proposal for a directive
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~~earnings, pay and pension. These policies should also focus on combatting gender stereotypes by introducing initiatives that allow for care responsibilities to be redistributed in a more fair and more equal way. Such policies should take into account demographic changes including the effects of an ageing population and the disproportionate burden of caring responsibilities that women erroneously are expected to take as an extension of their female nature. Particular attention needs to be given to the labour market participation of vulnerable categories of women, such as single parents, women with a disability, women with a migrant background and women from ethnic minorities.

Amendment 470 #

Proposal for a directive
Article 18 a (new)

Article 18a “More favourable provisions” 1. The implementation of this Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States. 2. This Directive shall not affect Member States' prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements more favourable to workers. 3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.

Amendment 471 #

Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1 a (new)

Member States may implement the Directive on a progressive basis until family leave is granted on full pay.

Amendment 472 #

Proposal for a directive
Article 20 – paragraph 3

3. Member States may en~~trust~~sure the involvement of social partners ~~with~~in 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.

Amendment 473 #

Proposal for a directive
Article 20 a (new)

Article 20a Non Regression 1. The implementation of this Directive shall not constitute grounds for diminishing the general level of protection already enforced to workers within Member States. 2. This Directive shall not affect Member States' prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers’ rights and leaves. 3. This Directive shall not affect the application of collective agreements introducing more favourable to workers’ rights and leaves. 4. This Directive is without prejudice affecting any other rights conferred on workers by other legal acts of the Union.

Amendment 48 #

Proposal for a directive
Recital 5

Amendment 49 #

Proposal for a directive
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, tackling gender stereotypes that assume women should take the role of carers for children and for elderly and dependent relatives, while men should be the breadwinner and support the family financially, 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 50 #

Proposal for a directive
Recital 5

Amendment 51 #

Proposal for a directive
Recital 5

(5) Work-life balance policies should contribute to the achievement of ~~gender~~ equality of access to work by promoting the participation of women in the labour market and the participation of men in childcare, making it easier for men to share caring responsibilities on an equal basis with women, and closing gender gaps in earnings, pay and payensions. Such policies should ta~~ke into account~~ckle negative demographic changes including the effects of an ageing population.

Amendment 52 #

Proposal for a directive
Recital 5

(5) Work-life balance policies should contribute to the achievement of ~~gender~~ equality between men and women 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 between men and women. Such policies should take into account demographic changes including the effects of an ageing population.

Amendment 53 #

Proposal for a directive
Recital 5

(5) Work-life balance policies should ~~contribute to the achievement of gender equality by promoting the~~support and facilitate parents’ participation ~~of wome~~and inclusion in the labour market, ~~making it easier for men to share caring responsibilities on an equal basis with women, and clos~~including 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 54 #

Proposal for a directive
Recital 5 a (new)

(5a) Work-life balance policies should also reflect the fact that a sufficient number of caring facilities for both children and dependent relatives are a key prerequisite of increased participation of women in the labour market. Further complementary action is required to assure a holistic work-life balance environment. To this end the Union should support Member States in striving to achieve the objectives set at the European Council in Barcelona for childcare facilities in March 2002, in introducing other voluntary instruments, including incentives for employers to provide care facilities for workers, and in removing economic disincentives for second earners which prevent women from accessing the labour market or working full-time. The Union should use the European semester to support such action of Member States with due regard to Member States’ commitments to strengthen public finances.

Amendment 55 #

Proposal for a directive
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 56 #

Proposal for a directive
Recital 5 a (new)

5a. The demographic crisis and low birth rates in the EU are inseparable from policies that promote unemployment, job instability, disregard for and violation of maternity and paternity rights in the workplace, low salaries, deregulation and increased working hours, the lack of a public network of social childcare facilities which guarantee access irrespective of families’ economic situations;

Amendment 57 #

Proposal for a directive
Recital 5 a (new)

(5a) Work-life balance policies should promote women’s participation in the labour market, closing the gender pay gap and reducing the poverty that increasingly affects women.

Amendment 58 #

Proposal for a directive
Recital 5 b (new)

5b. For the social role of motherhood and fatherhood, aside from their contribution to the reversal of the low birth rate, to be recognised, a multi- sectoral response is necessary, with a particular focus on economic and social issues. Jobs with rights and which put an end to job insecurity and instability must urgently be created; wages must be increased; working time must be organised and reduced, making it possible to improve work-life balance; maternity, paternity and parental rights must be bolstered, and compliance with fundamental rights must be monitored; social benefits, particular the family allowance, must be increased and access to them extended; a tax policy must be introduced which relieves the pressure on workers’ incomes and household consumption; a public network of crèches and childcare facilities must be set up; primary and hospital care must be stepped up, guaranteeing the right and access to sexual and reproductive health, family planning and to maternal and child health, work on infertility issues must be stepped up, and support for people with disabilities must be increased and integrated into national public, universal and free healthcare services; access to a public, free and high-quality education system must be possible, and access to affordable housing must be made possible;

Amendment 59 #

Beatriz BECERRA BASTERRECHEA, Angelika MLINAR, Izaskun BILBAO BARANDICA, Filiz HYUSMENOVA

Proposal for a directive
Recital 6

(6) At Union level, several Directives in the fields of ~~gender~~ equality between men and women and working conditions already address certain issues that are relevant for work-life balance, in particular Directive 2006/54/EC of the European Parliament and of the Council16, Directive 2010/41/EU of the European Parliament and of the Council17, Council Directive 92/85/EEC18, Council Directive 97/81/EC19 and Council Directive 2010/18/EU20. __________________ 16 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23). 17 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, p. 1). 18 Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (OJ L 348, 28.11.1992, p. 1). 19 Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC - Annex: Framework agreement on part-time work (OJ L 14, 20.1.1998, p. 9). 20 Council Directive 2010/18/EU, of 8 March 2010, implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC (OJ L 68, of 18.03.2010, p. 13).

Amendment 60 #

Proposal for a directive
Recital 6 a (new)

(6a) The Pillar of Social Rights which was proclaimed by Member States on 17th November 2017 is about delivering new and more effective rights for European citizens. The Pillar builds upon 20 key principles of which: Principle 2 on Gender Equality, Principle 3 on Equal Opportunities and Principle 9 on Work- life Balance. The latter states that “parents and people with caring responsibilities have the right to suitable leave, flexible working arrangements and access to care services. Women and men shall have equal access to special leaves of absence in order to fulfil their caring responsibilities and be encouraged to use them in a balanced way.”

Amendment 61 #

Proposal for a directive
Recital 6 a (new)

(6a) The European Pillar of Social Rights, which was proclaimed by Member States on 17 November 2017 aims to deliver new and more effective rights for citizens of the Union. The Pillar builds upon 20 key principles, including Principle 2 on Gender Equality, Principle 3 on Equal Opportunities, and Principle 9 on Work-life Balance. The latter states that “[p]arents and people with caring responsibilities have the right to suitable leave, flexible working arrangements and access to care services. Women and men shall have equal access to special leaves of absence in order to fulfil their caring responsibilities and be encouraged to use them in a balanced way”.

Amendment 62 #

Proposal for a directive
Recital 6 a (new)

(6a) The Pillar of Social Rights which was proclaimed by Member States on the17th November 2017 is about delivering new and more effective rights for European citizens. The Pillar builds upon 20 key principles of which: Principle 2 on Gender Equality, Principle 3 on Equal Opportunities, and Principle 9 on Work-life balance. The latter states that “Parents and people with caring responsibilities have the right to suitable leave, flexible working arrangements and access to care services. Women and men shall have equal access to special leaves of absence in order to fulfil their caring responsibilities and be encouraged to use them in a balanced way.”

Amendment 63 #

Proposal for a directive
Recital 6 a (new)

6a. Stresses that a policy promoting work-life balance cannot be uncoupled from labour regulations which protect workers’ rights, bring an end to flexible working hours, working time and employment relations and prevent all forms of insecure employment. Also points out that increasing wages, having strong regulations and strong labour and social protection provisions in force, reducing hours, and the existence of universal public services are key to guaranteeing at least an equal relationship between time spent at work, resting and enjoying free time.

Amendment 64 #

Proposal for a directive
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)

(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 66 #

Proposal for a directive
Recital 7

(7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact mainly on female employment. A ~~major~~determining factor contributing to the underrepresentation of women in the labour market ~~is the difficulty of balancing work and family obligations. W~~, aside from discrimination in access to work and in their employment status and payment and in the types of work open to them, is the difficulty of balancing work and family responsibilities. Owing to the worsening employment conditions and relations, wage discrimination and low salaries, all of which affect women in particular, the low levels of social protection and maternity and paternity rights protection, along with the limited provision of help with childcare, 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 more negative impact on female employment, leading ~~some~~a significant number of women to drop out of the labour market entirely.

Amendment 67 #

Proposal for a directive
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 68 #

Proposal for a directive
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. The lower participation of women in employment and the interruption of women’s careers due to their assumption of caring responsibilities exacerbate the gender gap in earnings and pay, putting women at higher risk of poverty or social exclusion.

Amendment 69 #

Proposal for a directive
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 a~~n ill~~ relative or dependeant ~~relative~~with care or support needs has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market entirely, with consequential harmful repercussions on their social security entitlements, in particular pensions, and an increased risk of poverty and social exclusion, especially during old age.

Amendment 70 #

Proposal for a directive
Recital 7

(7) Work-life balance remains however a considerable challenge for many parents and workers ~~with caring responsibilities, with a negative impact on~~involved in caring for children and the elderly, which has consequences for female employment. A major factor contributing to the ~~und~~lesser 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 responsibilities~~irreplaceable and invaluable care responsibilities for children and the elderly. Having an ill or dependent relative has also been shown to ~~have a negative impact on~~influence 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 71 #

Proposal for a directive
Recital 7

(7) ~~Work-life balanc~~Reconciliation of family and professional life 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 obligation~~family and work responsibilities. 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.

Amendment 72 #

Proposal for a directive
Recital 7

Amendment 73 #

Proposal for a directive
Recital 7

Amendment 74 #

Proposal for a directive
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 75 #

Proposal for a directive
Recital 8

(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or ~~flexi~~adaptable working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment. Furthermore, researches 1a shows that take-up rates among parents depend on many inter twined factors. Such factors include: (a) information about the type (s) of leave available; (b) leave (s) compensation and pay disparities; (c) availability of childcare facilities; (d) prevailing family organisation models; (e) and the extent to which workers fear isolation from the labour market when taking leave; __________________ 1aEurofound (2015) Promoting uptake of parental and paternity leave among fathers in the European Union and The gender employment gap: Challenges and solutions (2016).

Amendment 76 #

Proposal for a directive
Recital 8

(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment. Furthermore, Eurofound research shows that take-up rates among parents depend on many intertwined factors. Such factors include: information about the leave available; leave compensation and pay disparities; availability and flexibility of childcare facilities; prevailing family organisation models; and the extent to which workers fear isolation from the labour market when taking leave1a. __________________ 1aEurofound: Promoting uptake of parental and paternity leave among fathers in the European Union (2015) and The gender employment gap: Challenges and solutions (2016).

Amendment 77 #

Proposal for a directive
Recital 8

(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment. Furthermore, it is vital that Member States ensure adequate provision of quality, accessible, and affordable services for the care of children and other dependants such as the elderly and people with disabilities in order to increase the participation of women in the labour market.

Amendment 78 #

Proposal for a directive
Recital 8

(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity ~~and parental~~ leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work- life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment. Furthermore, the availability of quality, accessible, and affordable infrastructure for the care of children and other dependants has proven to be a crucial factor for work-life balance policies that facilitate the rapid return of new mothers to, and an increasing participation of women on, the labour market.

Amendment 79 #

Proposal for a directive
Recital 8

Amendment 80 #

Proposal for a directive
Recital 8

(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The situation is worse in countries where leave is 100% unpaid, which not only disincentivises people from using leave but also fuels inequality and discrimination between men and women, who, on average, receive salaries 16.2% lower than men’s in the EU28. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work- life balance arrangements by fathers~~, such as leave or flexible working arrangements,~~ has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment.

Amendment 81 #

Proposal for a directive
Recital 8

Amendment 82 #

Proposal for a directive
Recital 8

Amendment 83 #

Proposal for a directive
Recital 8

(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. LTransferability of parental leave and lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender stereotypes and differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment.

Amendment 84 #

Proposal for a directive
Recital 8

Amendment 85 #

Proposal for a directive
Recital 8

Amendment 86 #

Proposal for a directive
Recital 8 a (new)

(8a) The availability of and access to affordable, adequate and quality early childhood education and care (ECEC), care for other dependent persons and high-quality social services have proven to be a crucial aspect to work-life balance policies that facilitates the return of women to work and their increased participation in the labour market. However, there is a lack of sufficient infrastructure offering quality and accessible childcare for all income levels; for 27 % of Europeans the poor quality of childcare makes it difficult to access these services; achieving quality services means investing in childcare workforce training; only 11 Member States have met the first Barcelona target (childcare available for at least 90 % of children between the ages of 3 and the mandatory school age) and only 10 Member States have achieved the second target (at least 33 % of children under three years). The achievement of these objectives is crucial to allow women to fully participate in employment and prioritising the investment in community- based quality, accessible and affordable childcare in the next Multiannual Financial Framework is pivotal for unlocking the situation. Moreover, funding for community –based services for persons with disabilities or age related support needs is key for ensuring that women are not forced out of the labour market or unable to remain or re-enter paid employment, in line with the Council Conclusions of 7 December 2017 on Enhancing Community-Based Support and Care for Independent Living.

Amendment 87 #

Proposal for a directive
Recital 8 a (new)

(8a) The availability of quality, accessible, and affordable childcare infrastructures and services has proven to be a crucial and essential aspect to work- life balance policies that facilitates the return or re-integration of women to work and their increased participation in the labour market. However, the majority of EU Member States have still not yet achieved the so-called Barcelona objectives for childcare, set in 2002. The achievement of these objectives is fundamental to allow women to fully participate in employment and prioritising the investment in community-based quality, accessible and affordable childcare at European, national and regional level is pivotal for unlocking the situation. Moreover, funding for community –based services for persons with disabilities or age related support needs is key for ensuring that women are not forced out of the labour market or unable to remain or re-enter paid employment, in line with the Council Conclusions of 7 December 2017 on Enhancing Community-Based Support and Care for Independent Living.

Amendment 88 #

Proposal for a directive
Recital 8 a (new)

(8a) To achieve work-life balance and gender equality in the provision of care, Council Directive 92/85/EEC must be revised and updated. Parliament’s position is a good starting point for revision, and that revision must be given priority. Increasing the maternity leave period (in line with the WHO’s recommendation that during the first six months of their lives, children should be breastfed only), increasing obligatory maternity leave, guaranteeing full payment of salaries during leave and creating leave specifically for parents of premature or hospitalised newborns are proposals which should be considered with a view to protecting motherhood and acting in the best interests of the child.

Amendment 89 #

Beatriz BECERRA BASTERRECHEA, Izaskun BILBAO BARANDICA, Filiz HYUSMENOVA

Proposal for a directive
Recital 8 a (new)

(8a) Failure to complete negotiations on the Commission’s proposal for a directive on maternity leave in 2008 was a set-back to progress on reconciliation policies in the Union. A revision of Council Directive 92/85/EEC, however, remains crucial to workers achieving a work-life balance and to promoting more equality between women’s and men’s caring responsibilities and access to the labour market.

Amendment 90 #

Proposal for a directive
Recital 8 a (new)

(8a) The work-life balance package is a step in the right direction, but also a missed chance to make a coherent holistic approach together with the maternity leave directive proposal withdrawn in 2015; the current work-life balance proposal leaves completely aside the need for a new maternity leave proposal which at present dates from 1992;

Amendment 91 #

Beatriz BECERRA BASTERRECHEA, Angelika MLINAR, Izaskun BILBAO BARANDICA, Filiz HYUSMENOVA

Proposal for a directive
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 92 #

Proposal for a directive
Recital 8 b (new)

(8b) The EU Member States should achieve the Barcelona objectives for childcare, set in 2002. The availability of quality, accessible, and affordable childcare infrastructures has proven to be a crucial aspect to work-life balance policies that facilitates the return of women to work and their increased participation in the labour market. Investment in quality, accessible and affordable child care in the next MFF is therefore pivotal for unlocking the situation.

Amendment 93 #

Proposal for a directive
Recital 8 b (new)

(8b) In its conclusions in Barcelona 2002, the European Council decided to set targets for the availability of childcare facilities. Member States agreed to provide, by 2010, childcare for at least 90 % of children between the age of three and the mandatory school age and for at least 33 % of children under the age of three. Those objectives have still not been achieved by the majority of the Member States.

Amendment 94 #

Proposal for a directive
Recital 8 c (new)

(8c) Access to and availability of high- quality, accessible, and affordable early childhood education, and care services for the elderly and dependents, has proven to be a crucial aspect of work-life balance policies and is necessary to allow women to fully participate in employment. However, there is currently a lack of sufficient infrastructure offering quality and accessible care to workers of all income levels. Achieving quality services also requires investing in the workforce through the promotion of decent working conditions and quality employment for care workers, including decent pay and the recognition of care workers’ status and the development of high-quality vocational training pathways for care workers and the development of high- quality training. Investment in community-based, high-quality, accessible and affordable care should therefore be a priority in the next Multiannual Financial Framework.

Amendment 95 #

Proposal for a directive
Recital 8 d (new)

(8d) A disproportionately high tax burden on the second earner in most Member States remains a significant disincentive to the participation of women in the labour market. The identification and removal of all obstacles resulting from gender-biased tax benefit systems is essential to promote women to fully participate in employment and to promote the equal share of reproductive work and care responsibilities.

Amendment 96 #

Proposal for a directive
Recital 9

(9) The Commission has undertaken a two-stage consultation with the social partners on the challenges related to ~~work- life balanc~~reconciliation of family and professional life, in line with Article 154 of the Treaty on the Functioning of the European Union. There was no agreement among social partners to enter into negotiations on those matters, including on the parental leave. It is however important to take action in this area by modernising and adapting the current legal framework, taking into account the outcome of those consultations, as well as of the open public consultation carried out to seek the views of various stakeholders and citizens.

Amendment 97 #

Proposal for a directive
Recital 9 a (new)

(9a) Member States should also provide protection for categories of workers such as those who practise a profession or are self-employed or entrepreneurs.

Amendment 98 #

Proposal for a directive
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 99 #

Proposal for a directive
Recital 11

(11) This Directive lays down minimum requirements related to paternity, parental and ~~carers’ leav~~leave for workers informally providing care and to ~~flexi~~adaptable 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.

source: 620.856

2018/04/20 EMPL 244 amendments...

Amendment 100 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Recital 10b (new)

(10b) Children are the future of our society. However, the cost of raising children, including the loss of earnings parenting entails, is largely borne by parents themselves. As a result, parents throughout Europe are disadvantaged, during the period spent raising children, professionally and in retirement. Work in the family should in principle be equated with paid employment.

Amendment 101 #

Proposal for a directive
Recital 11

(11) This Directive lays down minimum requirements related to paternity, and parental ~~and carers' leave and to flexi~~leaves and leave for workers informally providing care and to employee-oriented adaptable 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.

Amendment 102 #

Proposal for a directive
Recital 11

Amendment 103 #

Proposal for a directive
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 104 #

Proposal for a directive
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. Current demographic developments, lead to 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). This requires a combination of investments in appropriate long-term care services and practical measures such as care leave and respite care that allows carers to maintain an active professional life.

Amendment 105 #

Proposal for a directive
Recital 11

Amendment 106 #

Proposal for a directive
Recital 11

Amendment 107 #

Proposal for a directive
Recital 12

(12) This Directive should apply to all workers who have employment contracts ~~or other employment relationships~~. 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 108 #

Proposal for a directive
Recital 12

(12) This Directive should apply to all workers who have employment contracts or other employment relationships, including self-employed persons. 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 109 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Recital 12

(12) This Directive should apply to all workers who have employment contracts or other employment relationships, including atypical contracts. 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 110 #

Proposal for a directive
Recital 12

Amendment 111 #

Michaela ŠOJDROVÁ, Marijana PETIR, Danuta JAZŁOWIECKA, Romana TOMC, Anna ZÁBORSKÁ

Proposal for a directive
Recital 12

Amendment 112 #

Proposal for a directive
Recital 12

(12) This Directive should apply to all workers who have employment contracts or other employment relationships. 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. This Directive should also apply in legal relationships which, in accordance with the national law or judicial practice of the Member States, fulfil the characteristics of dependent employment and are therefore deemed to be employment relationships (in particular, in cases of self-employment).

Amendment 113 #

Proposal for a directive
Recital 12

Amendment 114 #

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON

Proposal for a directive
Recital 12 a (new)

(12a) In order to ensure effectiveness of the rights provided by Union law, the personal scope of this Directive should take into consideration the case law of the Court of Justice of the European Union, which has established criteria for determining the status of a worker1a.They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. If they fulfil those criteria, domestic workers, on-demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within the scope of this Directive. __________________ 1aJudgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016,Ruhrlandklinik, Case C- 216/15.

Amendment 115 #

Proposal for a directive
Recital 12 b (new)

(12b) Union legislation ensures the principle of equal treatment between various types of employment relationships, prohibits any direct or indirect discrimination based on sex in matters of employment, occupation, social protection and access to goods and services, ensures portability and preservation of rights in case of mobility between Member States and guarantees minimum requirements for the acquisition and preservation of supplementary pension rights across borders, as well as minimum requirements in terms of transparency of occupational schemes.

Amendment 116 #

Renate WEBER, Jasenko SELIMOVIC

Proposal for a directive
Recital 12 c (new)

(12c) As labour markets evolve, social protection systems need to evolve too, to ensure that the European social model is future-proof and that it enables Union societies and economies to make the most of the future world of work. However, in most Member States, the rules governing contributions and entitlements of social protection schemes are still largely based on full-time open-ended contracts between a worker and a single employer while other groups of workers and the self-employed have been more marginally covered. Evidence shows that some non- standard workers and some self-employed have insufficient access to the branches of social protection which are more closely related to the labour market status or type of employment relationship. Social protection rights are not always preserved and transferred when individuals are transiting between different labour market statuses, for instance going from employment to self-employment or unemployment, combining salaried employment and self-employment, starting or closing down a business.

Amendment 117 #

Proposal for a directive
Recital 12 d (new)

(12d) In the long run, the gaps in access to social protection may put at risk the welfare and health of individuals, contribute to increasing economic uncertainty, poverty risk and inequalities, and may also lead to suboptimal investment in human capital, reduce trust in institutions and limit inclusive economic growth. Therefore, the self- employed should come within the scope of this Directive.

Amendment 118 #

Agnieszka KOZŁOWSKA, David CASA, Danuta JAZŁOWIECKA

Proposal for a directive
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 to be taken within the first year of a child’s life, preferably on the occasion of the birth or adoption 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. In order to deter potential abuse, the Member States should be able to introduce a requirement of a minimum period of service before a worker is entitled to benefit from that right, with a maximum duration of one year.

Amendment 119 #

Maria ARENA, Rory PALMER, Vilija BLINKEVIČIŪTĖ, Agnes JONGERIUS, Brando BENIFEI

Proposal for a directive
Recital 13

(13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paid and mandatory paternity leave for fathers ~~to be taken on the occasion of the birth~~or an equivalent second parent as defined in national law to be taken around the time of the birth, stillbirth or adoption 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 120 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Recital 13

(13) In order to e~~ncourage~~stablish a more equal sharing of caring responsibilities between women and men, the right to paternity leave for fathers to be taken on the occasion of the birth or adoption 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 121 #

Proposal for a directive
Recital 13

(13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to fully paid and mandatory paternity leave 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 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 122 #

Proposal for a directive
Recital 13

Amendment 123 #

Proposal for a directive
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 equal 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 124 #

Proposal for a directive
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 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. The work involved in caring for one’s own children at home should be acknowledged to a much greater degree than hitherto.

Amendment 125 #

Proposal for a directive
Recital 13 a (new)

Amendment 126 #

Proposal for a directive
Recital 13 a (new)

(13a) Member States should take specific measures whereby all benefits under this Directive will be applicable when parents are making a lengthy stay abroad in order to complete an international adoption procedure.

Amendment 127 #

Proposal for a directive
Recital 13 b (new)

(13b) The free decision of the woman and the couple regarding how to share parental leave must take into account not only the socio-economic and cultural elements of parenthood but also the biological elements, given the need to guarantee women the support and care necessary during pregnancy, childbirth and the postnatal and breastfeeding periods.

Amendment 128 #

Michaela ŠOJDROVÁ, Marijana PETIR, Danuta JAZŁOWIECKA, Romana TOMC

Proposal for a directive
Recital 14

(14) ~~As t~~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 par~~ because the salary percentage that they forfeit by taking the leave penalises the household too much and, takent to ~~take parental lea~~gether, these decisions serve, t~~his Directive, while maintaining the right of each parent to at least~~o perpetuate gender inequalities. At the same time, owing to an absence of effective mechanisms four mon~~ths of parental leave currently provided for by Directive 2010/18/EU, extends from one to fou~~itoring the application of labour law, sometimes men – and even women – are denied the opportunity to exercise their rights as fathers or month~~s the period~~ers and parents. Payment of salaries in full for those ofn parental leave ~~which cannot be transferred from one parent to the other.~~ is a prerequisite to leave being shared fairly, with the length of the period taken by either parent being determined freely by the couple.

Amendment 129 #

Proposal for a directive
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 months of parental leave currently provided for by Directive 2010/18/EU, ~~extends from one to four months~~ introduces an alternative for Member States to the current one monthe period of parental leave which cannot be transferred from one parent to the other. The alternative shall consist in granting an additional two months leave to parents who share at least half of the total parental leave period granted to them by national law, which should motivate parents in sharing caring responsibilities, while maintaining reasonable flexibility of specific family arrangements.

Amendment 130 #

Proposal for a directive
Recital 14

Amendment 131 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Recital 14

Amendment 132 #

Proposal for a directive
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 months of parental leave currently provided for by Directive 2010/18/EU, extends from one to four months the period of parental leave which cannot be transferred from one parent to the other. Ensuring that some parental leave is exclusively available for men prompts fathers to take it, thus promoting fatherhood, especially if the father’s partner is not on leave at the same time. It also promotes and facilitates mothers’ reintegration to work after maternity and parental leave. Creating conditions for a more balanced distribution of the responsibilities of care between both parents certainly contributes to an increase in the participation of men and women in employment.1a __________________ 1aEurofound (2015) Promoting uptake of parental and paternity leave among fathers in the European Union

Amendment 133 #

Proposal for a directive
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 whethduring the period when they most need it and it will be most beneficial for raising their children in a harmonious manner, 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 grantingshould be granted for a consecutive, uninterrupted period following the birth of the child of no less than six months, in line with the WHO’s recommendation. Member States may provide for the establishment of supplementary parental leave to enable parents to care for their children beyond the period of parental leave uander 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- until the child is twelve years old. The supplementary leave may be taken consecutively, in staggered periods or in combination with part-time work. Member States should specify the period of notimce ~~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- tim~~to be given by the worker to the employer when applying for parental 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 134 #

Proposal for a directive
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~~eight years old. Member States should be able to specify taking into account in particular the constraints of micro, small and medium-sized businesses, a reasonable 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 order to deter potential abuse, the Member States should be able to introduce a requirement of a minimum period of service before the worker is entitled to benefit from that right, with a maximum duration of one year. 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, in particular with regard to children with disabilities, serious medical conditions or illness, in accordance with their national law and practice.

Amendment 135 #

Proposal for a directive
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~~a given age of the child of up to eight. 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, taking into particular account the constraints of enterprises. 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 136 #

Proposal for a directive
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 t~~welv~~en 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, taking into particular account the constraints of micro and small and medium-sized enterprises (MSMEs). 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 137 #

Maria ARENA, Vilija BLINKEVIČIŪTĖ, Agnes JONGERIUS, Brando BENIFEI, Elena GENTILE, Edouard MARTIN, Guillaume BALAS, Flavio ZANONATO, Michael DETJEN, Miapetra KUMPULA-NATRI, Sergio GUTIÉRREZ PRIETO, Javi LÓPEZ

Proposal for a directive
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 tha reasonable 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 in writing. 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~~specific situations, in particular with regard to children with disabilities, mental health problems, serious medical conditions or illness, in accordance with their national law and practice.

Amendment 138 #

Michaela ŠOJDROVÁ, Marijana PETIR, Romana TOMC, Anna ZÁBORSKÁ, Ádám KÓSA

Proposal for a directive
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~~eight 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,~~Workers should also have the possibility to return to work earlier than the intended and reported period of parental leave, especially if the reason of the premature return does not depend on the will of the worker and if earlier return is not excessively burdensome for the employer. Given that flexibility makes it more likely that both parents 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, especially parents having a disability and parents with children with a disability or long-term illness requiring more care.

Amendment 139 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Recital 15

Amendment 140 #

Proposal for a directive
Recital 15

(15) In order to ~~provide greater possibility for~~ensure that 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. 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 objective and justified circumstances in accordance with national law and collective agreements. In such cases, the employer may be allowed to postpone once and for a maximum period of three months and should provide a reasonable and justified justification for the postponement in writing. Given that employee-oriented adaptable working arrangements 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~~in other employee-oriented working arrangement forms. It should be up to national law and collective agreements to define the conditions for taking parental leave in other ~~flexible form~~arrangements 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 situation~~challenging situations including with regard to children with disabilities, mental health problems, serious medical conditions or illness.

Amendment 141 #

Proposal for a directive
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, taking into account the specific conditions in micro, small- and medium- size businesses. 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~~objective circumstances. In such cases, the employer should provide written 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, in particular with regard to children with disabilities, serious medical condition, or illness.

Amendment 142 #

Proposal for a directive
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, 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, particularly where children are suffering from serious medical conditions or disabilities. Member States should take the specificity of SMEs into account when planning the above-mentioned arrangements.

Amendment 143 #

Proposal for a directive
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, 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~~specific situations, in particular with regard to children with disabilities, children with special needs or with serious medical conditions or illness, in accordance with their national law and practice.

Amendment 144 #

Proposal for a directive
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, 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~~specific situations, in particular with regard to children with disabilities, mental health problems, serious medical conditions or illness, in accordance with their national law and practice.

Amendment 145 #

Proposal for a directive
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, 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~~specific situations, in particular with regard to children with disabilities, serious medical conditions or illness, in accordance with their national law and practice.

Amendment 146 #

Proposal for a directive
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, 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~~The employer should accept ~~such a~~ requests for parental leave in other flexible forms than full-time, unless there are compelling and justified reasons not to do so. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to favour the specific needs of parents in particularly disadvantaged situations.

Amendment 147 #

Proposal for a directive
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 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, taking into particular account the requirements of micro, small, and medium-sized enterprises. 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~~determine whether 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 other than full-time. Member States should also a~~ssess if~~dapt the conditions and detailed arrangements of parental leave ~~should be adapted~~ to the specific needs of parents in particularly disadvantaged situations.

Amendment 149 #

Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Geoffroy DIDIER

Proposal for a directive
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~~eight 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 150 #

Proposal for a directive
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~~six 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 151 #

Proposal for a directive
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 t~~welv~~en 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 152 #

Proposal for a directive
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~~eight 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 153 #

Proposal for a directive
Recital 15 a (new)

Amendment 154 #

Maria ARENA, Vilija BLINKEVIČIŪTĖ, Agnes JONGERIUS, Brando BENIFEI, Edouard MARTIN, Guillaume BALAS, Evelyn REGNER, Flavio ZANONATO, Georgi PIRINSKI, Michael DETJEN, Miapetra KUMPULA-NATRI

Proposal for a directive
Recital 16

Amendment 155 #

Sergio GUTIÉRREZ PRIETO, Javi LÓPEZ, Iratxe GARCÍA PÉREZ

Proposal for a directive
Recital 16

Amendment 156 #

Proposal for a directive
Recital 16

(16) In order to ~~facilitate the return to work follow~~protect from discrimination the workers exercising their rights to take leave or to flexible working par~~ental leave, workers and employers should be encouraged to maintain contact~~rangements provided for in this Directive, employers must inform those workers during their 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~~or flexible working arrangements about any training offered to the rest of the workers, promotion processes and internal vacancies available, and these workers will retain their right to participate in them.

Amendment 157 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO

Proposal for a directive
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~~may request voluntarily to maintain a certain level of contact during the period of leave -without prejudice, however to the worker’s right to disconnect and to fully enjoy the leave without any contact if desired. Contact between workers and employers should not result in any burden or distress particularly for workers and family members and should facilitate the makeing arrangements for any appropriate reintegration measures, to be decided on a voluntary basis between the parties concerned, taking into account national law, collective agreements and practice .

Amendment 158 #

Proposal for a directive
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 159 #

Michaela ŠOJDROVÁ, Marijana PETIR, Danuta JAZŁOWIECKA, Romana TOMC, Anna ZÁBORSKÁ, Ádám KÓSA

Proposal for a directive
Recital 16

Amendment 160 #

Proposal for a directive
Recital 16

Amendment 161 #

Proposal for a directive
Recital 16

(16) In order to facilitate the return to work following parental or carers' leave, workers and employers should be encouraged to maintain contact during the period of leave and may make arrangements for any appropriate reintegration measures, such as training or retraining to be decided between the parties concerned, taking into account national law, collective agreements and practice

Amendment 162 #

Proposal for a directive
Recital 16

(16) In order to facilitate the return to work following parental leave, workers and employers should be encouraged to maintain a reasonable level of 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 163 #

Proposal for a directive
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. To preventestablish a proper legal framework and the necessary assistance for close family – whether older or younger generations – in force majeure, emergency or unforeseen situations without causing the worker’s employment relationship and status to suffer, Member States should provide in labour law for family-related leave with a number of days that can be taken every year and which enables workers to justify work abusence ofn th~~at right, proof of the serious illness or dependency may be required prior to granting of the leave~~e basis of provision of direct assistance to family members, whether children or elderly and/or other relatives in need of care. Proof of the nature of the assistance may be required.

Amendment 164 #

Proposal for a directive
Recital 17

(17) In order to provide greater opportunities to remain in the work force for men and women ~~carrying of~~who care for elderly family members and/or other relatives in need of care, all workers with a seriously ill or dependaent 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, with increasing care needs on the one hand and a deficit in the supply of formal long-term care options, it will also 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 165 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Recital 17

(17) In order to provide greater opportunities to remain in the work force for men and women carrying ofor elderly family member and/or other relatives in need of care, workers with a ~~seriously ill or dependant relative~~relative in need of care or support due to a disability or a mental or physical health condition should have the right to take time off from work in the form of carers' leave to take care of that relative. T~~o prevent abuse~~his not only reflects the current care provision reality, with increasing care needs ofn th~~at right, proof of the serious illness or dependency may~~e 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. Informal care is the bedrock of care provision and carers need to be enabled to care. To prevent abuse of that right, medical proof of the serious medical condition should be required prior to granting of the leave.

Amendment 166 #

Proposal for a directive
Recital 17

(17) In order to provide greater opportunities to remain in the work force for women and women carrying of children, elderly family member and/or other relatives or dependant in need of care~~, workers with a seriously ill or dependant relative~~ or support due to old age, a medical reason, a chronic illness, a disability or mental health problem, workers should have the right to take time off from work in the form of ~~carers' leav~~leave for workers informally providing care to take care of that ~~relative~~person. To prevent abuse of that right, proof of the ~~serious illness or dependency~~need of care or support may be required prior to granting of the leave while protecting at all times the privacy and personal data of both the worker and the person in need of care.

Amendment 167 #

Proposal for a directive
Recital 17

(17) In order to provide greater opportunities to remain in the work force for women and women carrying of elderly family member and/or other relatives or dependants in need of care~~, workers with a seriously ill or dependant relative~~ or support due to old age, a serious medical reason, a chronic illness, a disability, a mental health problem or another impairment, should have the right to take time off from work in the form of carers' leave to take care of that ~~relative~~person. To prevent abuse of that right, proof of the ~~serious illness or dependency may be required prior to granting of the leav~~need of care or support may be required, while protecting at all times the privacy and personal data of both the worker and the person in need of care.

Amendment 168 #

Proposal for a directive
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~~relative in need of significant care or support owing to a serious medical condition should have the right to take time off from work in the form of carers' leave to take care of that relative. To prevent abuse of that right, appropriate proof of the serious ~~illness or dependency may~~medical condition must be required prior to granting of the leave, in accordance with national law.

Amendment 169 #

Proposal for a directive
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~~relative in need of care or support due to a serious medical reason or chronic illness, disability or mental health problem should have the right to take time off from work in the form of carers' leave to take care of that relative. To prevent abuse of that right, proof of the ~~serious illness or dependency may be required prior to granting of the leave.~~need of care or support may be required by the employer

Amendment 170 #

Proposal for a directive
Recital 17

Amendment 171 #

Agnieszka KOZŁOWSKA, David CASA, Danuta JAZŁOWIECKA

Proposal for a directive
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~~relative in need of care or support due to a disability or physical or mental health condition should have the right to take time off from work in the form of carers' leave to take care of that relative. To prevent abuse of that right, medical proof of the serious ~~illness or dependency~~health condition may be required prior to granting of the leave.

Amendment 172 #

Proposal for a directive
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~~ relative in need of care or support d~~ependant relative~~ue to a serious medical reason should have the right to take time off from work in the form of carers' leave to take care of that relative. To prevent abuse of that right, medical proof of the serious ~~illness or dependency may~~medical reason should be required prior to granting of the leave.

Amendment 173 #

Maria ARENA, Vilija BLINKEVIČIŪTĖ, Agnes JONGERIUS, Brando BENIFEI, Elena GENTILE, Edouard MARTIN, Guillaume BALAS, Evelyn REGNER, Flavio ZANONATO, Georgi PIRINSKI, Michael DETJEN, Miapetra KUMPULA-NATRI, Sergio GUTIÉRREZ PRIETO, Javi LÓPEZ

Proposal for a directive
Recital 17

Amendment 174 #

Renate WEBER, Enrique CALVET CHAMBON, Robert ROCHEFORT

Proposal for a directive
Recital 17

(17) In order to provide greater opportunities to remain in the work force for men and women carrying ofor an 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. To prevent abuse of that right, proof of the serious illness or dependency may be required prior to granting of the leave.

Amendment 175 #

Michaela ŠOJDROVÁ, Anna ZÁBORSKÁ, Romana TOMC

Proposal for a directive
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. The Union should encourage Member States to adopt a more extensive interpretation of “relative” for the purpose of carer’s leave than that set forth in this Directive, without prejudice to the exclusive competence of Member States to define the right to marry and right to found a family, in compliance with Article 9 of the Charter of Fundamental Rights of the EU. To prevent abuse of that right, proof of the serious illness or dependency may be required prior to granting of the leave.

Amendment 176 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Recital 17

(17) In order to provide greater opportunities to remain in the work force for men and women carrying ofor elderly family members and/or other relatives in need of care, workers with a seriously ill or dependaent relative should have the right to take time off from work in the form of carers’ leave to take care of that relative. To prevent abuse of that right, proof of the serious illness or dependency may be required prior to granting of the leave. To simplify leave requests, however, carers should be required to furnish such proof once only under a simplified standard procedure.

Amendment 177 #

Proposal for a directive
Recital 17 a (new)

(17a) In order to better protect those workers taking breaks from employment to provide informal care, Member States should introduce care credits through labour and social security legislation for both women and men as equivalent periods for building up pension right;

Amendment 178 #

Proposal for a directive
Recital 17 a (new)

Amendment 179 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Recital 18

(18) In addition to the right to ~~carers'~~family assistance leave provided for in this Directive, all workers should maintain their right to take time off from work, without loss of employment rights, on the grounds of force majeure for urgent and unexpected family reasons, ~~currently provided for by Directive 2010/18/EU, under the conditions established by~~notably in situations involving long-term illness or disability, in accordance with the conditions established by law and/or collective agreements in each of the Member States.

Amendment 180 #

Proposal for a directive
Recital 18

(18) In addition to the right to ~~carers' leav~~leave for workers informally providing care provided for in this Directive, all workers should maintain their right to take time off from work on the grounds of force majeure for urgent and unexpected family reasons, currently provided for by Directive 2010/18/EU, under the conditions established by the Member States.

Amendment 181 #

Proposal for a directive
Recital 18 a (new)

(18a) Member States should encourage subsidised home care arrangements by supporting ‘independent living’ projects which give persons requiring assistance the option of seeking help from qualified professionals; both men and women would thus be able to combine their working lives more easily with caring for elderly relatives, or for those who have a disability and/or are in need of support.

Amendment 182 #

Proposal for a directive
Recital 19

Amendment 183 #

Alessandra MUSSOLINI

Proposal for a directive
Recital 19

Amendment 184 #

Proposal for a directive
Recital 19

Amendment 185 #

Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Geoffroy DIDIER

Proposal for a directive
Recital 19

Amendment 186 #

Proposal for a directive
Recital 19

Amendment 187 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC, João PIMENTA LOPES

Proposal for a directive
Recital 19

Amendment 188 #

Proposal for a directive
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~~fully paid (100% of their gross salary) while on leave. The level of the allowance should be ~~at least equivalent to what the worker concerned would receive in case of sick leave~~equal to the wage of the worker concerned. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare and pension schemes.

Amendment 189 #

Maria ARENA, Vilija BLINKEVIČIŪTĖ, Agnes JONGERIUS, Brando BENIFEI, Elena GENTILE, Edouard MARTIN, Guillaume BALAS, Flavio ZANONATO, Georgi PIRINSKI, Michael DETJEN, Miapetra KUMPULA-NATRI

Proposal for a directive
Recital 19

Amendment 19 #

Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Paloma LÓPEZ BERMEJO, Kostadinka KUNEVA

Proposal for a directive
Citation 1

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153 (1) (i) and (2)(b) and article 157 (3) thereof,

Amendment 190 #

Sergio GUTIÉRREZ PRIETO, Iratxe GARCÍA PÉREZ, Javi LÓPEZ

Proposal for a directive
Recital 19

Amendment 191 #

Proposal for a directive
Recital 19

Amendment 192 #

Michaela ŠOJDROVÁ, Marijana PETIR

Proposal for a directive
Recital 19

Amendment 193 #

Elisabetta GARDINI, Lorenzo CESA

Proposal for a directive
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 existence and level of an allowance is to be determined at Member States level, while taking into account national frameworks already in place. 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 194 #

Proposal for a directive
Recital 19

Amendment 195 #

Proposal for a directive
Recital 19

Amendment 196 #

Proposal for a directive
Recital 19

Amendment 197 #

Proposal for a directive
Recital 19 a (new)

(19a) Member States should give special attention to single parents who face particular challenges in terms of work-life balance and need specific support. This Directive should allow for separate provisions regarding leave and flexible working arrangements for single parents.

Amendment 198 #

Proposal for a directive
Recital 20

(20) In accordance with Directive 2010/18/EU Member States are required to define the status of the employment contract ~~or employment relationship~~ for the period of parental leave. In accordance with the case-law of the Court of Justice of the European Union, the employment relationship between the worker and his employer is therefore maintained during the period of leave and, as a result, the beneficiary of such leave, remains, during that period, a worker for the purposes of Union law. When defining the status of employment contract ~~or employment relationship~~ during the period of the leaves covered by this Directive, including as regards entitlements to social security, the Member States should therefore ensure that the employment relationship is maintained.

Amendment 199 #

Proposal for a directive
Recital 20

(20) In accordance with Directive 2010/18/EU Member States are required to define the status of the employment contract or employment relationship for the period of parental leave. In accordance with the case-law of the Court of Justice of the European Union, the employment relationship between the worker and his employer is therefore maintained during the period of leave and, as a result, the beneficiary of such leave, remains, during that period, a worker for the purposes of Union law. When defining the status of employment contract or employment relationship during the period of the leaves covered by this Directive, ~~including as regards entitlements to social security,~~ the Member States should therefore ensure that the employment relationship is maintained without prejudice to entitlements to social security including pension contribution which the worker remains subject to throughout the period of leave. In that perspective, Members states shall secure the leave provided for in this Directive shall not affect the worker’s pension entitlements during this whole period.

Amendment 20 #

Proposal for a directive
Citation 1

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153 (1) (i) and (2)(b) and article 157 (3) thereof,

Amendment 200 #

Proposal for a directive
Recital 20 a (new)

Amendment 201 #

Proposal for a directive
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 with suitable hours, 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 requiresa reduction in working hours to enable them to breastfeed or bottle-feed or make it easier for them to fulfil their responsibilities to their families. Workers should have the right to return to their original working patterns at the end of a given agreed period.

Amendment 202 #

Proposal for a directive
Recital 21

(21) In order to encourage working parents and carers to remain in the work force, those workers should be able to a~~dapt~~sk for their working schedules to be adapted 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. In order to balance 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 requireMember States should always take the specificity of SMEs into account when planning the above-mentioned arrangements.

Amendment 203 #

Proposal for a directive
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, 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,~~employer should accept flexible working arrangements, unless there are compelling and justified reasons not to do so. 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 204 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
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 abentitled to ~~request~~employee-oriented flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, employee-oriented 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~~still a large percentage of female part-time work remains involuntary, partly due to caring responsibilities which leads to lower social security contributions ~~translating into~~and 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, who should justify the grounds of refusal in writing while providing options for alternative arrangements. 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 205 #

Proposal for a directive
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 ~~flexi~~employee-oriented adaptable working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, ~~flexi~~adaptable working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and the work organization capacity of employers, it should be possible for Member States to limit the duration of ~~flexi~~employee-oriented adaptable 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~~still a large percentage of female part-time work remains involuntary, partly due to caring responsibilities which leads to life instability, lower social security contributions ~~translating into~~and reduced or non-existing pension entitlements. The ~~ultimate~~ decision as to whether or not to accept a worker’s request for ~~flexible~~adaptable to their needs working arrangements should lie with the employer, who in case of refusal shall adequately justify in writing the refusal and its grounds and furthermore provide alternative options for working arrangements. Specific circumstances underlying the need for ~~flexi~~employee-oriented adaptable 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 206 #

Proposal for a directive
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, taking into account the difficulties that flexible working arrangements may cause to MSMEs. 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 207 #

Agnieszka KOZŁOWSKA, David CASA, Danuta JAZŁOWIECKA

Proposal for a directive
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 and pension entitlements. It must be borne in mind that 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 208 #

Proposal for a directive
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 deter potential abuse, the Member States should be able to introduce a requirement of a minimum period of service before a worker is entitled to benefit from that right, with a maximum duration of one year. 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 209 #

Proposal for a directive
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, 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 and should take into account the constrains to the working arrangements and planning for the micro, small and medium enterprises, 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~~mutually 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 21 #

Proposal for a directive
Recital 1

(1) Article 153(1)(i) of the Treaty on the Functioning of the European Union enables the Union to support and complement the activities of the Member States, in the field of equality between men and women with regard to labour market opportunities and treatment at work.

Amendment 210 #

Renate WEBER, Jasenko SELIMOVIC, Robert ROCHEFORT

Proposal for a directive
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~~, with the proviso that the necessary safeguards should always be in place in order to avert all forms of abuse. In order to address the needs of workers and employers, and of micro, small, and medium-sized enterprises in particular, 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 211 #

Proposal for a directive
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 abentitled to ~~request~~ flexible working arrangements, meaning for example 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~~demand for flexible working arrangements should lie with the employer, who should justify the refusal in writing. 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 212 #

Proposal for a directive
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~~have the right to request, based on discussions with the employer, 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 213 #

Proposal for a directive
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, 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 an employee’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 214 #

Proposal for a directive
Recital 21 a (new)

(21a) Member States should provide working parents with suitable childcare facilities and services that are of high quality and affordable for all income groups.

Amendment 215 #

Michaela ŠOJDROVÁ, Marijana PETIR, Romana TOMC, Anna ZÁBORSKÁ, Ádám KÓSA

Proposal for a directive
Recital 22

(22) Leave arrangements are intended to support working parents and carers during a specific period of time, and are aimed at maintaining and promoting their continued attachment to the labour market. It is therefore appropriate to make express provision for the protection of the employment rights of workers taking leave covered by this Directive and in particular their right to return to the same or an equivalent post, and not to suffer any detriment in their terms and conditions as a result of their absence. Workers should retain their entitlement to relevant rights already acquired, or in the process of being acquired, until the end of such leave. Equally important is the goal of leave arrangements to ensure that working parents maintain quality of family life, by taking care of their children, carrying out their responsibilities, including their primary educational role, especially during early childhood, in the best possible way and by spending quality time with their children. An ineffective reconciliation of family and professional life can also have a negative impact on the physical and mental health of children and parents.

Amendment 216 #

Proposal for a directive
Recital 22 a (new)

(22a) Council Directive 2010/18/EC of 8 March 2010 implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC provides the baseline reference for any actions by the Member States or the worker in the case of parental leave.

Amendment 217 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO

Proposal for a directive
Recital 23

(23) Workers exercising their rights to leave ~~or to request flexible working arrangements~~ should be protected against discrimination or any less favourable treatment on that ground.

Amendment 218 #

Proposal for a directive
Recital 23

(23) Workers exercising their rights to leave or to request ~~flexi~~employee-oriented adaptable working arrangements should be protected against discrimination or any less favourable treatment on that ground.

Amendment 219 #

Maria ARENA, Rory PALMER, Vilija BLINKEVIČIŪTĖ, Agnes JONGERIUS, Brando BENIFEI, Elena GENTILE, Edouard MARTIN, Guillaume BALAS, Evelyn REGNER, Flavio ZANONATO, Georgi PIRINSKI, Michael DETJEN, Miapetra KUMPULA-NATRI, Sergio GUTIÉRREZ PRIETO, Javi LÓPEZ

Proposal for a directive
Recital 23

(23) Workers exercising their rights to leave or to ~~request~~ flexible working arrangements should be protected against discrimination or any less favourable treatment on that ground.

Amendment 22 #

Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO

Proposal for a directive
Recital 2

(2) ~~Equality between men and women~~Gender equality is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union ~~the promotion of equality between women and men is one of the Union's aims. Similarly, Article 23 of the Charter of Fundamental Rights of the European Union requires equality between women and men~~, combatting social exclusion and discrimination, promoting social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child are aims of the Union. Similarly, under Title III of the Charter of Fundamental Rights of the European Union everyone is equal before the law and moreover Articles 21 and 23 prohibits discrimination and requires equality to be ensured in all areas, including employment, work and pay.

Amendment 220 #

Agnieszka KOZŁOWSKA, David CASA, Danuta JAZŁOWIECKA

Proposal for a directive
Recital 23

(23) Workers exercising their rights to leave or to request flexible working arrangements should be protected against discrimination or any less favourable treatment on that ground. At the same time, in order to ensure balance between the interests of employers and workers, Member States should ensure that employers are protected against any abuse of such rights and detrimental effects for the functioning of companies, taking into account in particular the constraints of micro, small and medium-sized businesses.

Amendment 221 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO

Proposal for a directive
Recital 24

(24) Workers exercising their rights to take leave or to request flexible working arrangements provided for in this Directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for, or have taken such leave or have exercised the right to request such flexible working arrangementswho use leave schemes or flexible working arrangements should enjoy protection from dismissal for having used them. Where workers consider that they have been dismissed on those grounds, they should be able to ask the employer to provide duly substantiated grounds for the dismissal.

Amendment 222 #

Proposal for a directive
Recital 24

(24) Workers exercising their rights to take leave or to request ~~flexi~~employee-oriented adaptable working arrangements provided for in this Directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for, or have taken such leave or have exercised the right to request such ~~flexi~~employee-oriented adaptable working arrangements. Where workers consider that they have been dismissed on those grounds, they should be able to ask the employer to provide duly substantiated grounds for the dismissal in writing.

Amendment 223 #

Proposal for a directive
Recital 24

(24) Workers exercising their rights to take leave ~~or to request flexible working arrangements provided for in this Directive~~ should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for, or have taken such leave or have exercised the right to request ~~such flexible~~ working arrangements~~. Where workers consider that they have been dismissed on those grounds, they should be able to~~ with suitable hours. Dismissals instigated in this context should be considered null and void, with suitable procedures for reintegrating and compensating the worker, as well ask the ~~employer to provide duly subst~~application of sancti~~ated grounds for the dismissal~~ons against the employer taking such action.

Amendment 224 #

Proposal for a directive
Recital 24

Amendment 225 #

Proposal for a directive
Recital 24

(24) Workers exercising their rights to take leave or to request flexible working arrangements provided for in this Directive should enjoy protection from dismissal and any preparations for a possible dismissal on the grounds that they applied for, or have taken such leave or have exercised the right to request such flexible working arrangements. Where workers consider that they have been dismissed on those grounds, they should be able to ask the employer to provide duly substantiated grounds for the dismissal in writing.

Amendment 226 #

Proposal for a directive
Recital 25

Amendment 227 #

Proposal for a directive
Recital 25

Amendment 228 #

Proposal for a directive
Recital 25

Amendment 229 #

David CASA

Proposal for a directive
Recital 25

Amendment 23 #

Proposal for a directive
Recital 2

(2) Equality between men and women is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union ~~the promotion of equality between women and men is one of the Union's aims~~, combatting social exclusion and discrimination, promoting social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child are aims of the Union. Similarly, Article 23 of the Charter of Fundamental Rights of the European Union requires equality between women and men to be ensured in all areas, including employment, work and pay.

Amendment 230 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO

Proposal for a directive
Recital 25

Amendment 231 #

Proposal for a directive
Recital 25

Amendment 232 #

Sergio GUTIÉRREZ PRIETO, Javi LÓPEZ, Iratxe GARCÍA PÉREZ

Proposal for a directive
Recital 25

(25) The burden of proof that there has been no dismissal on the grounds that workers 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 with suitable hours referred to in Article 9 should fall on the employer when workers ~~establish, before a court or other competent authority, facts from which it may be presumed that they have been dismissed on such grounds~~report a presumed dismissal on such grounds to a court or other competent authority.

Amendment 233 #

Proposal for a directive
Recital 25

Amendment 234 #

Proposal for a directive
Recital 25

(25) The burden of proof that there has been no dismissal on the grounds that workers 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 9 should fall on the employer when workers establish, before a court or other competent authority, facts from which it may be presumed that they have been dismissed on such grounds. When a court's decision considers that the dismissal was based on those grounds, the worker will have the right to reinstatement if he/she chooses to do so. This will be without prejudice of compensation for damages granted by national law, applicable collective agreements and/or practice.

Amendment 235 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC, João PIMENTA LOPES

Proposal for a directive
Recital 26

(26) In order to ensure the proper implementation of this Directive, Member States shall ensure that labour inspections are in place and furthermore, reassure that adequate human and financial and technical resources are available in order for labour inspections to be conducted. Member States should provide for effective, proportionate and dissuasive penalties in the event of 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. The effective implementation of the principle of equal treatment requires adequate judicial protection of workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this Directive. Victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this Directive. Such protection is particularly relevant as regards workers' representatives in the exercise of their function.

Amendment 236 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC, João PIMENTA LOPES

Proposal for a directive
Recital 26

(26) Member States should provide for effective, proportionate and dissuasive penalties in the event of 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. The effective implementation of the principle of equal treatment requires adequate judicial protection of workers against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this Directive. Victims may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this Directive. Such protection is particularly relevant as regards workers' representatives in the exercise of their function. Labour and social inspections should monitor the appropriate implementation of this Directive with the adequate means to avoid discrimination and ensure equal access of workers to their social and labour rights.

Amendment 237 #

Proposal for a directive
Recital 27

(27) With a view to further improving the level of protection of rights provided for in this Directive, national equality bodies, workers' bodies, social care and children's rights and care bodies should also be competent in the areas covered in this Directive.

Amendment 238 #

Proposal for a directive
Recital 27

Amendment 239 #

Michaela ŠOJDROVÁ, Marijana PETIR, Danuta JAZŁOWIECKA, Romana TOMC

Proposal for a directive
Recital 27 a (new)

(27a) Local and regional authorities, which play a key role in drafting, implementing and evaluating policies in areas where they often have vital expertise, such as childcare (including the different types of child minding), care for the elderly and people with disabilities, education and social services or employment, as well as social integration and employability, should be involved in the implementation of the proposed measures. Moreover, local and regional authorities should promote best practices and mutual learning on work-life balance measures.

Amendment 24 #

Proposal for a directive
Recital 2

(2) Equality between men and women is a fundamental principle of the Union. According to Article 3 of the Treaty on European Union the promotion of equality between women and men is one of the Union's aims and according to Article 8 of the Treaty on the Functioning of the European Union equality between women and men should be promoted in all activities of the European Union. Similarly, Article 23 of the Charter of Fundamental Rights of the European Union requires equality between women and men to be ensured in all areas, including employment, work and pay.

Amendment 240 #

Tania GONZÁLEZ PEÑAS, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC, João PIMENTA LOPES

Proposal for a directive
Recital 27 a (new)

(27a) Equally, local and regional authorities, which play a key role in drafting, implementing and evaluating policies in areas where they often have vital expertise, such as childcare, care for the elderly and people with disabilities, education and social services or employment, as well as social integration, should be involved in the reflection process and in the implementation of the proposed measures. Moreover, local and regional authorities should also promote best practices and mutual learning on how to best foster a work-life balance.

Amendment 241 #

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON

Proposal for a directive
Recital 27 a (new)

(27a) Civil society, including equality bodies should have a role in the effective application of gender equality laws and provisions in employment relations with a view to ensuring equal treatment; Member States should improve social dialogue and the exchange of experience and best practice among all relevant stakeholders.

Amendment 242 #

Herbert DORFMANN, Heinz K. BECKER, David CASA

Proposal for a directive
Recital 27 a (new)

(27a) In order to enhance the adoption of work-life balance measures, Member States should promote voluntary certification systems assessing the performance of public and private organisations. The implementation of the certification systems should be fostered through incentive measures.

Amendment 243 #

Proposal for a directive
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 DirectiveHowever, rights that have been acquired should not be reversed.

Amendment 244 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Recital 28

Amendment 245 #

Proposal for a directive
Recital 28

(28) This Directive lays down minimum requirements, thus ~~giv~~obliging the Member States t~~he option of introducing or maintaining~~o maintain and encouraging them to introduce 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, national legislation and collective agreements 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.

Amendment 246 #

Proposal for a directive
Recital 29

(29) In particular, nothing in this Directive should be interpreted as diminishing previously existing rights under Directive 2010/18/EU and Directive 2006/54/EC, including its Article 19. ~~All references to the repealed Directive 2010/18/EU should be construed as references to this Directive~~The minimum requirements and standards laid down in Directive 2010/18/EU concerning paternity leave and parental leave should therefore continue to apply in full. This Directive should accordingly be converted into a recommendation. The corresponding provisions of this instrument, which at this stage is still a proposal for a Directive, should remain valid as recommendations and therefore become non-binding minimum guidelines for the Member States.

Amendment 247 #

Proposal for a directive
Recital 29 a (new)

(29a) Five years after the entry into force of the non-binding guidelines concerned, the progress at Member State level should be reviewed. Should it become clear that insufficient progress has been made in the Member States, these non-binding guidelines should then be transformed into binding guidelines.

Amendment 248 #

Proposal for a directive
Recital 29 a (new)

Amendment 249 #

Proposal for a directive
Recital 30

Amendment 25 #

Proposal for a directive
Recital 2

Amendment 250 #

Proposal for a directive
Recital 30

(30) This Directive should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Member States are therefore invited to assess the impact of their transposition act on SMEs in order to make sure that SMEs are not disproportionately affected, with specific attention for micro- enterprises and forIn parallel to the implementation of this Directive, Member States should draw up a set of administrative, financial and legal measures to bolster the productivity of small and medium-sized undertakings, guaranteeing that leave can be taken without having an impact on SMEs, particularly in terms of the administrative burden.

Amendment 251 #

Proposal for a directive
Recital 30

(30) TMember States are encouraged to ensure that employers are not overly burdened by the financial obligations resulting from this Directive. In particular, this Directive should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of ~~small and medium-sized undertaking~~MSMEs. Member States are therefore invited to assess the impact of their transposition act on MSMEs in order to make sure that MSMEs are not disproportionately affected, with specific attention for micro-enterprises and for administrative burden.

Amendment 252 #

Proposal for a directive
Recital 30

Amendment 253 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Recital 30

Amendment 254 #

Proposal for a directive
Recital 30

(30) This Directive should avoid imposing unjustified administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Member States are therefore invited to ~~assess the impact of their transposition act on SMEs in order to~~provide guidance and advice on SMEs in order to successfully implement the Directive while ensuring make sure that SMEs are not disproportionately affected, with specific attention for micro- enterprises ~~and for administrative burden~~.

Amendment 255 #

Proposal for a directive
Recital 30

Amendment 256 #

Proposal for a directive
Recital 30

(30) This Directive should ~~avoid imposing~~not apply to SMEs if its administrative, financial and legal constraints are imposed in a way which would hold back the creation and development of small and medium-sized undertakings. Member States are ~~therefore~~ invited to assess the impact of their transposition act on SMEs in order to make sure that SMEs are not disproportionately affected, with specific attention for micro-enterprises and for administrative burden.

Amendment 257 #

Michaela ŠOJDROVÁ, Marijana PETIR, Anna ZÁBORSKÁ, Ádám KÓSA

Proposal for a directive
Recital 30

(30) ~~This Directive~~In implementing this Directive, Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of micro, small and medium-sized undertakings. Member States are therefore invited to assess the impact of their transposition act on SMEs in order to make sure that SMEs are not disproportionately affected, with specific attention for micro- enterprises and for administrative burden, particularly concerning the impact of arrangements for parental leave and patterns of flexible work on the work organisation, and to publish the results of such assessments.

Amendment 258 #

Proposal for a directive
Recital 30

(30) This Directive should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Member States are therefore invited to assess the impact of their transposition act on SMEs in order to make sure that SMEs are not disproportionately affected, with specific attention for micro-enterprises and for administrative burden. Member states may choose to reduce the administrative burden for SMEs and micro-enterprises, without significantly diminishing the rights of workers of SMEs and micro- enterprises established by this Directive, and essentially maintaining an equality of treatment of workers of such enterprises and of workers of other enterprises.

Amendment 259 #

Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO

Proposal for a directive
Recital 30 a (new)

(30a) This Directive should avoid imposing administrative, financial, and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings. Corrective measures, including possible compensatory measures, also financed with European funds, will be proposed by the Commission through active measures falling under European social policies to ensure that SMEs are not disproportionately affected and particular attention is given to micro-enterprises.

Amendment 26 #

Proposal for a directive
Recital 2 a (new)

(2a) According to Article 8 TFEU the Union must aim to eliminate inequalities and to promote equality between men and women in all its activities.

Amendment 260 #

Proposal for a directive
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 261 #

Herbert DORFMANN, Heinz K. BECKER

Proposal for a directive
Recital 30 a (new)

(30a) Member States should provide for tax relief and/or incentives to help micro, small, and medium-sized enterprises comply with the terms of this Directive.

Amendment 262 #

Proposal for a directive
Recital 32 a (new)

(32a) Member States should take the measures required to ensure that enough places are available in high-quality, accessible and affordable childcare facilities so that the requirements of this Directive can feasibly be met. In that connection, Member States should support and develop existing models, such as social farming.

Amendment 27 #

Proposal for a directive
Recital 2 a (new)

(2a) Articles 7 and 9 of the Charter of Fundamental Rights of the European Union provide for respect for private and family life and the right to marry and found a family.

Amendment 28 #

Michaela ŠOJDROVÁ, Marijana PETIR, Romana TOMC, Anna ZÁBORSKÁ, Ádám KÓSA

Proposal for a directive
Recital 3 a (new)

Amendment 29 #

Proposal for a directive
Recital 3 a (new)

(3a) Release from employment in order to act as a carer is not the same thing as a holiday; providing care is work. Terms such as ‘maternity leave’, ‘paternity leave’, ‘parental leave’ or ‘carer’s leave’ are therefore misleading and should be rejected. The uniform use of the term ‘release’ would therefore make more sense.

Amendment 30 #

Rosa ESTARÀS FERRAGUT, Verónica LOPE FONTAGNÉ

Proposal for a directive
Recital 4

(4) All EU Member States are party to the United Nations' Convention on the Rights of People with Disabilities and more generally have to promote and protect all fundamental rights enshrined in the Universal Declaration of Human Rights. Furthermore, point (x) of the Preamble to the Convention underlines the conviction that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State, and that persons with disabilities and their family members should receive the necessary protection and assistance to enable families to contribute towards the full and equal enjoyment of the rights of persons with disabilities. 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.

Amendment 31 #

Proposal for a directive
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 32 #

Proposal for a directive
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 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 33 #

Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, João PIMENTA LOPES

Proposal for a directive
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. Furthermore, Member States shall take effective and appropriate measures to eliminate discrimination on grounds of disabilities in all matters relating to marriage, family, parenthood and relationships, according to Article 23 of the Convention.

Amendment 34 #

Proposal for a directive
Recital 4

Amendment 35 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, João PIMENTA LOPES, Patrick LE HYARIC

Proposal for a directive
Recital 4 a (new)

Amendment 36 #

Proposal for a directive
Recital 4 a (new)

Amendment 37 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, João PIMENTA LOPES, Patrick LE HYARIC

Proposal for a directive
Recital 4 a (new)

(4a) Family- and child-friendliness are proven key factors in the global competition for skilled workers and employees. The EU, as an internal market and regional economic power, must take due account of this. Family-friendliness must therefore be a cross-cutting objective in all policy areas and be given practical expression in a European family strategy and under the Pillar of Social Rights.

Amendment 38 #

Proposal for a directive
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, encouraging and making it easier for men to share caring responsibilities on an equal basis with women, and closing gender gaps in earnings, pay and payension. Such policies should ~~take into account demographic changes including the effects of an ageing population.~~also focus on reducing gender stereotypes, recognising and redistributing care responsibilities, developing and implementing quality standards for all types of care services and should take into account the cost of a lower female employment rate in terms of EU’s GDP1a, demographic changes including the effects of an ageing population and the disproportionate burden of caring responsibilities that women erroneously are expected to take as an extension of their female nature. Particular attention needs to be given to the labour market participation of vulnerable categories of women, such as single parents, women with a disability, women with a migrant background and women from ethnic minorities. __________________ 1aEurofound (2016), The gender employment gap: Challenges and solutions - Executive summary. European Union publication, Luxemburg. Recovered: https://www.eurofound.europa.eu/publicat ions/executive- summary/2016/labour- market/the-gender-employment-gap- challenges-and-solutions-executive- summary

Amendment 39 #

Michaela ŠOJDROVÁ, Marijana PETIR, Danuta JAZŁOWIECKA, Romana TOMC, Ádám KÓSA

Proposal for a directive
Recital 5

Amendment 40 #

Proposal for a directive
Recital 5

Amendment 41 #

Michaela ŠOJDROVÁ, Marijana PETIR, Danuta JAZŁOWIECKA, Romana TOMC, Ádám KÓSA

Proposal for a directive
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~~encouraging 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 42 #

Brando BENIFEI

Proposal for a directive
Recital 5

Amendment 43 #

Proposal for a directive
Recital 5 a (new)

Amendment 44 #

Proposal for a directive
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 45 #

Proposal for a directive
Recital 5 a (new)

(5a) Informal carers or family carers currently provide 80% of all care across the EU, free of charge. 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 46 #

Proposal for a directive
Recital 5 a (new)

(5a) The demographic crisis and low birth rates in the EU are inseparable from policies that promote unemployment, job instability, disregard for and violation of maternity and paternity rights in the workplace, low salaries, deregulation and increased working hours, and the lack of a public network of social childcare facilities which guarantee access irrespective of families’ economic situations;

Amendment 47 #

Proposal for a directive
Recital 5 a (new)

(5a) Work-life balance policies should promote women’s participation in the labour market, closing the gender pay gap and reducing the poverty that is increasingly affecting women.

Amendment 48 #

Proposal for a directive
Recital 5 b (new)

(5b) For the social role of motherhood – aside from its contribution to the reversal of the low birth rate – to be recognised, a multi-sectoral response, with particular focus on economic and social issues, is necessary. Jobs with rights and which put an end to job insecurity and instability must urgently be created; wages must be increased; working time must be organised and reduced, making it possible to improve work-life balance; maternity, paternity and parental rights must be bolstered, and compliance with fundamental rights must be monitored; social benefits, particularly the family allowance, must be increased and access to them extended; a tax policy must be introduced which relieves the pressure on workers’ incomes and household consumption; a public network of crèches and childcare facilities must be set up; primary and hospital care must be stepped up, guaranteeing the right and access to sexual and reproductive health, family planning and to maternal and child health, work on infertility issues must be stepped up, and support for people with disabilities must be increased and integrated into national public, universal and free healthcare services; access to a public, free and high-quality education system must be possible, and access to affordable housing must be possible;

Amendment 49 #

Proposal for a directive
Recital 6

(6) At Union level, several Directives in the fields of gender equality and working conditions already address certain issues that are relevant for work-life balance, in particular Directive 2006/54/EC of the European Parliament and of the Council 16 , Directive 2010/41/EU of the European Parliament and of the Council 17 , Council Directive 92/85/EEC 18 , Council Directive 97/81/EC 19 and Council Directive 2010/18/EU 20. __________________ 16 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23). 17 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, p. 1). 18 Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC) (OJ L 348, 28.11.1992, p. 1). 19 Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC - Annex: Framework agreement on part-time work (OJ L 14, 20.1.1998, p. 9). 20 Council Directive 2010/18/EU of 8 March 2010 implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC (OJ L 68, 18.3.2010, p. 13).

Amendment 50 #

Proposal for a directive
Recital 6 a (new)

(6a) The European Pillar of Social Rights, which was proclaimed by Member States on 17 November 2017 aims to deliver new and more effective rights for citizens of the Union. The Pillar builds upon 20 key principles, including Principle 2 on Gender Equality, Principle 3 on Equal Opportunities, and Principle 9 on Work-life Balance. The latter states that “Parents and people with caring responsibilities have the right to suitable leave, flexible working arrangements and access to care services. Women and men shall have equal access to special leaves of absence in order to fulfil their caring responsibilities and be encouraged to use them in a balanced way”.

Amendment 51 #

Proposal for a directive
Recital 6 a (new)

(6a) The European Pillar of Social Rights which was proclaimed by Member States on17th November 2017 shall deliver new and more effective rights for European citizens. The Pillar builds upon 20 key principles of which: Principle 2 on Gender Equality, Principle 3 on Equal Opportunities, and Principle 9 on Work- life Balance. The latter states that “Parents and people with caring responsibilities have the right to suitable leave, flexible working arrangements and access to care services. Women and men shall have equal access to special leaves of absence in order to fulfil their caring responsibilities and be encouraged to use them in a balanced way.”

Amendment 52 #

Proposal for a directive
Recital 6 a (new)

(6a) Stresses that a policy promoting work-life balance cannot be uncoupled from labour regulations which protect workers’ rights, bring an end to flexible working hours and employment relations and prevent all forms of insecure employment. Also points out that increasing wages, having strong regulations and strong labour and social protection provisions in force, reducing hours, and the existence of universal public services are key to guaranteeing at least an equal relationship between time spent at work, resting and enjoying free time.

Amendment 53 #

Proposal for a directive
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 54 #

Proposal for a directive
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 55 #

Marijana PETIR, Arne GERICKE

Proposal for a directive
Recital 6 b (new)

(6b) In order to avoid disadvantages for carers and parents, and especially women, paternity leave, parental leave and carers' leave should continue to contribute to pension rights as much as possible, which means up to 100%.

Amendment 56 #

Proposal for a directive
Recital 7

(7) In line with the European Social Charter, the Additional Protocol thereto and the revised version thereof, in particular Part I, Part II, and Articles 2, 4, 16 and 27 of the latter, workers with family responsibilities should be granted equal opportunities and equal treatment, including right to workers’ rest time, which should take into account, where applicable, a common weekly day of rest recognised by tradition and custom in the country or region. 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. Moreover, working hours are more often extended until late in the evening, workers are faced with night work, work on public holidays and Sundays without break and rest periods, which makes it difficult for workers to reconcile work with duties towards children and dependents.

Amendment 57 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC, João PIMENTA LOPES

Proposal for a directive
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 a~~n ill~~ relative or dependeant ~~relative~~with care or support needs has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market entirely, with consequential harmful repercussions on their social security entitlements, in particular pensions, and an increased risk of poverty and social exclusion, especially during old age.

Amendment 58 #

Proposal for a directive
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 ~~obligation~~responsibilities. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care ~~responsibilitie~~tasks. Having a~~n ill~~ relative or dependeant ~~relative~~with care or support needs has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market entirely with the subsequent harmful repercussions on their social security entitlements, in particular pensions and an increased risk of poverty and social exclusion, especially during old age.

Amendment 59 #

Proposal for a directive
Recital 7

Amendment 60 #

Renate WEBER, Marian HARKIN, Jasenko SELIMOVIC, Enrique CALVET CHAMBON, Robert ROCHEFORT

Proposal for a directive
Recital 7

Amendment 61 #

Proposal for a directive
Recital 7

(7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact mainly on female employment. A ~~major~~determining factor contributing to the underrepresentation of women in the labour market ~~is the difficulty of balancing work and family obligations. W~~, aside from discrimination in access to work and in their employment status and payment and in the types of work open to them, is the difficulty of balancing work and family responsibilities. Owing to the worsening employment conditions and relations, wage discrimination and low salaries, all of which affect women in particular, the low levels of social protection and maternity and paternity rights protection, along with the limited provision of help with childcare, 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 more obvious negative impact on female employment, leading ~~some~~a significant number of women to drop out of the labour market entirely.

Amendment 62 #

Proposal for a directive
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 63 #

Proposal for a directive
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. There is a strong business case to address the needs of working carers, as this can lead to better outcomes such as reduced absenteeism, attracted and retained staff, and better motivation of staff.

Amendment 64 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Recital 7

(7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a particularly 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.

Amendment 65 #

Proposal for a directive
Recital 8

(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. LTransferability of parental leave and lack of fully paid paternity and parental leave in many Member States contributes to the low take- up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender stereotypes and differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or ~~flexi~~employee-oriented adaptable working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment. Furthermore, researches1a shows that take-up rates among parents depend on many intertwined factors. Such factors include: a) information about the type(s) of leave available; b) leave(s) compensation and pay disparities; c) availability of childcare facilities; d) prevailing family organisation models; e) and the extent to which workers fear isolation from the labour market when taking leave. __________________ 1aEurofound (2015) Promoting uptake of parental and paternity leave among fathers in the European Union and The gender employment gap: Challenges and solutions (2016).

Amendment 66 #

Michaela ŠOJDROVÁ, Marijana PETIR, Romana TOMC, Ádám KÓSA

Proposal for a directive
Recital 8

(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of fully paid paternity and parental leave in many Member States contributes to the low take- up of such leave by fathers and therefore not only puts fathers off taking it but also fuels inequality and discrimination between men and women who, on average in the EU, are paid 16.2% less than men. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work- life balance arrangements by fathers~~, such as leave or flexible working arrangements,~~ has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment.

Amendment 67 #

Proposal for a directive
Recital 8

Amendment 68 #

Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Geoffroy DIDIER

Proposal for a directive
Recital 8

Amendment 69 #

Maria ARENA, Rory PALMER, Vilija BLINKEVIČIŪTĖ, Agnes JONGERIUS, Brando BENIFEI, Elena GENTILE, Edouard MARTIN, Guillaume BALAS, Flavio ZANONATO, Georgi PIRINSKI, Michael DETJEN, Miapetra KUMPULA-NATRI, Sergio GUTIÉRREZ PRIETO, Javi LÓPEZ

Proposal for a directive
Recital 8

(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment. Furthermore, Eurofound research shows that take-up rates among parents depend on many intertwined factors. Such factors include: information about the leave available; leave compensation and pay disparities; availability and flexibility of childcare facilities; prevailing family organisation models; and the extent to which workers fear isolation from the labour market when taking leave.1a __________________ 1aEurofound (2015) Promoting uptake of parental and paternity leave among fathers in the European Union and The gender employment gap: Challenges and solutions (2016).

Amendment 70 #

Proposal for a directive
Recital 8

(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment. Furthermore, the implementation of incentive-based family policies to facilitate contractual employment between individuals, whether for childcare in the home or for home- based care for dependent persons, has proven to be a crucial aspect of work-life balance policies that facilitates the rapid return of women to work and their increased participation in the labour market.

Amendment 71 #

Proposal for a directive
Recital 8

(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment. Of particularly great importance are high-quality, accessible and affordable facilities for childcare and care for the elderly. They will enable both men and women to reconcile family responsibilities with a professional career.

Amendment 72 #

Proposal for a directive
Recital 8

Amendment 73 #

Proposal for a directive
Recital 8

Amendment 74 #

Proposal for a directive
Recital 8

(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment. Furthermore, the availability of quality, accessible, and affordable infrastructure for the care of children and other dependants has proven to be a crucial factor for work-life balance policies that facilitate the rapid return of new mothers to, and an increasing participation of women in the labour market.

Amendment 75 #

Proposal for a directive
Recital 8

(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of EU work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment. Furthermore, the availability of high-quality, accessible and affordable childcare facilities has proven to be a crucial aspect of work-life balance policies that facilitates the rapid return of women to work and their increased participation in the labour market.

Amendment 76 #

Brando BENIFEI

Proposal for a directive
Recital 8

(8) The current Union legal framework provides limited incentives for men to assume an equal share of caring responsibilities. Lack of paid paternity and parental leave in many Member States contributes to the low take-up of such leave by fathers. The imbalance in the design of work-life balance policies between women and men reinforces gender differences between work and care. Conversely, use of work-life balance arrangements by fathers, such as leave or flexible working arrangements, has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment. Strong childcare infrastructure is particularly crucial to the integration of young parents into the labour market. Young people are already more vulnerable to exclusion from the labour market as they experience multiple barriers in transitioning into employment, including on the basis of their age.

Amendment 77 #

Maria ARENA, Vilija BLINKEVIČIŪTĖ, Agnes JONGERIUS, Brando BENIFEI, Elena GENTILE, Edouard MARTIN, Guillaume BALAS, Evelyn REGNER, Flavio ZANONATO, Michael DETJEN, Miapetra KUMPULA-NATRI, Sergio GUTIÉRREZ PRIETO, Javi LÓPEZ

Proposal for a directive
Recital 8 a (new)

(8a) The availability of and access to affordable, adequate and quality early childhood education and care (ECEC), care for other dependent persons and high-quality social services have proven to be a crucial aspect to work-life balance policies that facilitates the return of women to work and their increased participation in the labour market. However, there is a lack of sufficient infrastructure offering quality and accessible childcare for all income levels; for 27 % of Europeans, the poor quality of childcare makes it difficult to access these services; achieving quality services means investing in childcare workforce training; only 11 Member States have met the first Barcelona target (childcare available for at least 90 % of children between the ages of 3 and the mandatory school age) and only 10 Member States have achieved the second target (at least 33 % of children under three years). The achievement of these objectives is crucial to allow women to fully participate in employment and prioritising the investment in community- based quality, accessible and affordable childcare in the next Multiannual Financial Framework is pivotal for unlocking the situation. Moreover, funding for community –based services for persons with disabilities or age related support needs is key for ensuring that women are not forced out of the labour market or unable to remain or re-enter paid employment, in line with the Council Conclusions of 7 December 2017 on Enhancing Community-Based Support and Care for Independent Living.

Amendment 78 #

Proposal for a directive
Recital 8 a (new)

(8a) The availability of quality, accessible, and affordable care infrastructures – supporting childcare as well as care for other dependants – has proven to be a crucial aspect to work-life balance policies. However, the majority of EU Member States have still not yet achieved the so-called Barcelona objectives for childcare, set in 2002. The achievement of these objectives is crucial to allow women to fully participate in employment. Moreover, funding for community-based services for persons with disabilities or other support needs is key for ensuring that women are not forced out of the labour market or unable to remain or re-enter paid employment, in line with the Council Conclusions of 7 December 2017 on Enhancing Community-Based Support and Care for Independent Living.

Amendment 79 #

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON, Robert ROCHEFORT

Proposal for a directive
Recital 8 a (new)

Amendment 80 #

Proposal for a directive
Recital 8 a (new)

(8a) Member States and, where appropriate, the European Union, should take measures under the European Pact for Gender Equality (2011-2020) and its provisions on the promotion of a better work-life balance to improve the supply of adequate, affordable, high-quality childcare services for children under the mandatory school age in line with the objectives set at the European Council in Barcelona in March 2002. Commission Recommendation 2013/112/EU[21] “Investing in children: breaking the cycle of disadvantage” also stresses the need to improve access to sufficient resources and to achieve the Barcelona objectives on childcare facilities for young children. At the same time, work-life balance and gender equality need to be complemented by investment in quality long-term care and diversification of services in this area.

Amendment 81 #

Proposal for a directive
Recital 8 a (new)

(8a) For work-life balance and gender equality in the provision of care and access to the labour market to be achieved, Council Directive 92/85/EEC must be updated. The European Parliament has already expressed its position on that matter and the EU should give priority to revising that Directive. Proposals which should be considered with a view to protecting motherhood and acting in the best interests of the child include: increasing the maternity leave period (in line with the WHO’s recommendation that during the first six months of their lives, children should be breastfed only), increasing obligatory maternity leave, payment in full of salaries during leave and creating leave specifically for parents of premature or hospitalised newborns.

Amendment 82 #

Proposal for a directive
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 83 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC, João PIMENTA LOPES

Proposal for a directive
Recital 8 a (new)

(8a) Paternity and parental leave arrangements are an essential part of the efforts to achieve a work-life balance, but accessible and affordable childcare, fiscal measures and other relevant national policy measures for which the Member States are responsible are also key to promoting the balance between work and life and increasing the employment rate of women and the economic independence of women in particular.

Amendment 84 #

Proposal for a directive
Recital 8 a (new)

(8a) Failure to complete negotiations on the Commission’s proposal for a directive on maternity leave in 2008 was a set-back to progress on reconciliation policies in the Union. A recast of Directives related to maternity, paternity and parental leave in case of birth or adoption remains crucial to workers’ achieving work-life balance, equal access to the labour market and co-responsibility between men and women in caring.

Amendment 85 #

Proposal for a directive
Recital 8 a (new)

(8a) Failure to complete negotiations on the Commission’s proposal for a directive on maternity leave in 2008 was a set-back to progress on reconciliation policies in the Union. A revision of Council Directive 92/85/EEC, however, remains crucial to workers achieving a work-life balance and to promoting more equality between women's and men's caring responsibilities and access to the labour market.

Amendment 86 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC, João PIMENTA LOPES

Proposal for a directive
Recital 8 b (new)

(8b) A minimum level of paid leave arrangements and options applicable in all Member States will indeed contribute to flexible working and help to create a fair and level-playing field, but ignores the big differences between Member States, the importance of the mix of measures at national level in this area and the fact that social policy is primarily a competence of the Member States themselves, while the EU plays a complementary and supporting role in it.

Amendment 87 #

Proposal for a directive
Recital 8 b (new)

(8b) The availability of and access to high-quality, adequate and public early childhood education and care for other dependent persons and high-quality social services has proven to be a crucial aspect to work-life balance policies and allow women to fully participate in employment. However there is currently a lack of sufficient infrastructure offering quality and accessible public childcare for all. Investment in community-based, high- quality, accessible and public care should therefore be a priority. Achieving quality services also requires investing in the workforce through the promotion of decent working conditions and quality employment for care professional workers, including decent pay and the recognition of these workers’ status.

Amendment 88 #

Renate WEBER, Marian HARKIN, Jasenko SELIMOVIC, Enrique CALVET CHAMBON

Proposal for a directive
Recital 8 b (new)

(8b) In order to improve work-life balance, discriminatory practices such as the persistent gender pay gap should be tackled as to eventually ensure greater equity in the labour market. Member States together with the social partners and relevant stakeholders should include gender equality education in their curricula in compulsory and pre-school education and to continue with public authorities’ efforts to provide information and raise awareness. Policies on equal treatment should aim at addressing the issue of stereotypes in both male and female occupations and roles and social partners should act upon their key role in informing both workers and employers and in raising their awareness about tackling discrimination.

Amendment 89 #

Proposal for a directive
Recital 8 b (new)

Amendment 90 #

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON

Proposal for a directive
Recital 8 c (new)

Amendment 91 #

Proposal for a directive
Recital 8 c (new)

(8c) To better assess the impact of the underlying and other related legislation, relevant data such as the number of working hours, pay, position, including a breakdown by gender and age should be collected and published at local, regional and national level in order to document intersectional discrimination and shape policies in a targeted and resource- efficient way. The European Institute for Gender Equality (EIGE), the European Foundation for the Improvement of Living and Working Conditions (EUROFOUND) and the European Centre for the Development of Vocational Training (Cedefop) together with national and regional equality bodies should continuously update work-life balance indicators to ensure data is relevant and timely.

Amendment 92 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC, João PIMENTA LOPES

Proposal for a directive
Recital 8 c (new)

(8c) The sensitivity surrounding the issue of subsidiarity lies in particular in the search for a balance between the desire to establish decent and fair minimum standards in Europe, in particular when it comes to leave arrangements, and the fact that these issues do not involve cross-border problems, that it would not be true to say that they can only be resolved at EU level, and that the social domain is in principle a matter for the Member States.

Amendment 93 #

Proposal for a directive
Recital 8 c (new)

(8c) Investing in community–based public services for persons with disabilities or age related support needs is key for ensuring that women are not forced out of the labour market or unable to remain or re-enter paid employment, in line with the Council Conclusions of 7 December 2017 on Enhancing Community-Based Support and Care for Independent Living.

Amendment 94 #

Renate WEBER, Jasenko SELIMOVIC

Proposal for a directive
Recital 8 d (new)

Amendment 95 #

Proposal for a directive
Recital 8 d (new)

(8d) In order to build a socially and economically sustainable society, the responsibility for a suitable work-life balance should be shared among workers, families, the social partners, local and regional authorities and all public and private employers and service providers.

Amendment 96 #

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON

Proposal for a directive
Recital 9

(9) The Commission has undertaken a two-stage consultation with the social partners on the challenges related to work- life balance, in line with Article 154 of the Treaty on the Functioning of the European Union. There was no agreement among social partners to enter into negotiations on those matters, including on the parental leave. It is however important to take action in this area by modernising and adapting the current legal framework, taking into account the outcome of those consultations, as well as of the open public consultation carried out to seek the views of various stakeholders and citizens.

Amendment 97 #

Proposal for a directive
Recital 9 a (new)

(9a) Social partners should be constantly encouraged by Member States to continue their active work on ways to facilitate reconciliation of work, private and family life and improve gender equality and equal treatment in the labour market through education, adult learning, raising awareness and information campaigns.

Amendment 98 #

Proposal for a directive
Recital 9 a (new)

(9a) Member States should also provide protection for those categories of workers who practise a profession or are self- employed or entrepreneurs.

Amendment 99 #

Proposal for a directive
Recital 10 a (new)

(10a) This Directive acknowledges the exceptional work done by mothers and fathers in raising their children and regards that work as a vital long-term contribution to society.

source: 619.262

2018/04/25 EMPL 417 amendments...

Amendment 263 #

Proposal for a directive
Article 1 – paragraph 1

Amendment 264 #

Proposal for a directive
Article 1 – paragraph 2

~~To that end, it provides for individual rights related to: (a) carers' leave; (b) flexible working arrangements for working parents and carers.~~deleted paternity leave, parental leave and

Amendment 265 #

Proposal for a directive
Article 1 – paragraph 2 – point a

a) paternity leave, parental leave and ~~carers'~~family assistance leave;

Amendment 266 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO

Proposal for a directive
Article 1 – paragraph 2 – point a

a) maternity leave, paternity leave, parental leave and carers' leave;

Amendment 267 #

Proposal for a directive
Article 1 – paragraph 2 – point b

(b) ~~flexi~~employee-oriented adaptable working arrangements for work~~ing~~ers parentsing and ~~car~~/or informally providing care to dependent family members.

Amendment 268 #

Proposal for a directive
Article 1 – paragraph 2 – point b

b) ~~flexible~~ working arrangements ~~for working parents and carers~~with suitable hours for working parents in the period following parental leave.

Amendment 269 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Article 1 – paragraph 2 – point b

(b) employee-oriented flexible working arrangements for working parents and carers.

Amendment 270 #

Proposal for a directive
Article 2 – paragraph 1

This Directive applies to all ~~workers, men and women, who have an employment contract or employment relationship~~natural persons, irrespective of gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation and nationality, who -in accordance with objective criteria defining the status of a worker (e.g. law, collective agreement and/or practices in force in each Member State), and as showcased in several CJEU cases, performs services of some economic value for and under the direction of another person; services for which remuneration is received in return.

Amendment 271 #

Proposal for a directive
Article 2 – paragraph 1

This Directive applies to all workers, men and women, who have an employment contract ~~or employment relationship~~.

Amendment 272 #

Brando BENIFEI, Terry REINTKE

Proposal for a directive
Article 2 – paragraph 1

Amendment 273 #

Proposal for a directive
Article 2 – paragraph 1

Amendment 274 #

Proposal for a directive
Article 2 – paragraph 1

Amendment 275 #

Proposal for a directive
Article 2 – paragraph 1

This Directive applies to all workers, men and women, who have an employment contract or employment relationship as defined by law, collective agreement and/or practices in force in each Member State, in accordance with the criteria for determining the status of a worker as established by the case law of the Court of Justice of the European Union.

Amendment 276 #

Proposal for a directive
Article 2 – paragraph 1

This Directive applies to all workers, men and women, who have an employment contract or an employment relationship, according to the criteria established by the Court of Justice of the European Union for determining the status of a worker and to the self-employed.

Amendment 277 #

Proposal for a directive
Article 2 – paragraph 1

This Directive applies to all workers, men and women, who have an employment contract or employment relationship. as defined in the laws and collective agreements and/or by the practices in force in each Member State.

Amendment 278 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI

Proposal for a directive
Article 2 – paragraph 1

This Directive applies to all workers, men and women, who have an employment contract or employment relationship as defined by law, collective agreements and/or practice in force in each Member State.

Amendment 279 #

Proposal for a directive
Article 2 – paragraph 1

Amendment 280 #

Proposal for a directive
Article 2 – paragraph 1

Amendment 281 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC, João PIMENTA LOPES

Proposal for a directive
Article 2 – paragraph 1

Amendment 282 #

Proposal for a directive
Article 3 – paragraph 1 – point a

(a) "paternity leave" means paid and mandatory leave from work for fathers ~~to be taken on the occasion of the birth of a child;~~or an equivalent second parent as defined in national law to be taken around the time of the birth, stillbirth or adoption of a child; The right to paternity leave referred in paragraph 1 shall be granted irrespective of their length of service or the status of their employment relationship.

Amendment 283 #

Proposal for a directive
Article 3 – paragraph 1 – point a

(a) "paternity leave" means ~~leave from work for fathers~~fully paid and mandatory to take leave from work for fathers or an equivalent second parent as defined in national law to be taken onaround the occasion of the birth, stillbirth or adoption of a child;

Amendment 284 #

Agnieszka KOZŁOWSKA, David CASA, Danuta JAZŁOWIECKA

Proposal for a directive
Article 3 – paragraph 1 – point a

(a) "paternity leave" means paid leave from work for fathers ~~to be taken on the~~ on the grounds of the birth or adoption of a child, to be taken within the first year, of the child’s life, preferably on the occasion of the birth or adoption of a child;

Amendment 285 #

Proposal for a directive
Article 3 – paragraph 1 – point a

(a) "paternity leave" means paid leave from work for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth or adoption of a child;

Amendment 286 #

Proposal for a directive
Article 3 – paragraph 1 – point a

(a) "paternity leave" means paid leave from work for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth or adoption of a child;

Amendment 287 #

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON

Proposal for a directive
Article 3 – paragraph 1 – point a

(a) "paternity leave" means paid leave from work for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth or adoption of a child;

Amendment 288 #

Proposal for a directive
Article 3 – paragraph 1 – point a

(a) "paternity leave" means paid leave from work for fathers or the persons legally recognised as such to be taken on the occasion of the birth of a child;

Amendment 289 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI

Proposal for a directive
Article 3 – paragraph 1 – point a

(a) "paternity leave" means paid leave from work for fathers to be taken on the occasion of the birth or adoption of a child;

Amendment 290 #

Proposal for a directive
Article 3 – paragraph 1 – point a

a) “paternity leave" means paid leave from work for fathers to be taken on the occasion of the birth of a child;

Amendment 291 #

Dieter-Lebrecht KOCH, Sven SCHULZE

Proposal for a directive
Article 3 – paragraph 1 – point a

(a) “paternity leave” means paid leave from work for fathers to be taken on the occasion of the birth of a child;

Amendment 292 #

Proposal for a directive
Article 3 – paragraph 1 – point a

(a) ‘paternity leave’ means leave from work for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth or adoption of a child;

Amendment 293 #

Proposal for a directive
Article 3 – paragraph 1 – point a a (new)

(aa) “maternity leave” means paid leave from work for mothers to be taken on the occasion of the birth of a child;

Amendment 294 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) “parental leave” means leave from work on the grounds of the birth or, adoption or award of custody of a child to take care of that child;

Amendment 295 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC, João PIMENTA LOPES

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) “parental leave” means leave from work for parents on the grounds of the birth or adoption of a child to take care of that child;

Amendment 296 #

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) “parental leave” means fully paid leave from work on the grounds of the birth or adoption of a child to take care of that child;

Amendment 297 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;

Amendment 298 #

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;

Amendment 299 #

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;

Amendment 300 #

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;

Amendment 301 #

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON, Robert ROCHEFORT

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;

Amendment 302 #

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;

Amendment 303 #

Maria ARENA, Rory PALMER, Vilija BLINKEVIČIŪTĖ, Agnes JONGERIUS, Brando BENIFEI, Edouard MARTIN, Guillaume BALAS, Evelyn REGNER, Flavio ZANONATO, Georgi PIRINSKI, Michael DETJEN, Miapetra KUMPULA-NATRI, Sergio GUTIÉRREZ PRIETO, Javi LÓPEZ

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;

Amendment 304 #

Sergio GUTIÉRREZ PRIETO, Javi LÓPEZ, Iratxe GARCÍA PÉREZ

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;

Amendment 305 #

Proposal for a directive
Article 3 – paragraph 1 – point b a (new)

(ba) “carer’s leave” means paid leave from work for carers in order to provide personal assistance or support to a person with support needs due to a serious or chronic illness, hospitalization, surgical intervention without hospitalization, disability, mental health or age related problem;

Amendment 306 #

Maria ARENA, Vilija BLINKEVIČIŪTĖ, Agnes JONGERIUS, Brando BENIFEI, Edouard MARTIN, Guillaume BALAS, Flavio ZANONATO, Georgi PIRINSKI, Michael DETJEN, Miapetra KUMPULA-NATRI

Proposal for a directive
Article 3 – paragraph 1 – point b a (new)

Amendment 307 #

Proposal for a directive
Article 3 – paragraph 1 – point b a (new)

(ba) "carers leave" means leave from work for carers in order to provide personal care or support to a relative in need of care or support due to a serious illness or a serious disability";

Amendment 308 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Article 3 – paragraph 1 – point b a (new)

(ba) ‘carers’ leave’ means time-limited leave from work for carers in order to provide personal care or support to a relative in need of care or support owing to a serious medical condition;

Amendment 309 #

Proposal for a directive
Article 3 – paragraph 1 – point c

(c) "informal carer" means a worker informally providing personal care or support in case of a ~~serious illness or dependency of a relative~~n illness, chronic illness, disability, age related impairment or illness, mental illness or dependency of a relative or a person in their immediate circle; this type of care is provided outside a professional or formal employment framework;

Amendment 310 #

Sergio GUTIÉRREZ PRIETO, Javi LÓPEZ, Iratxe GARCÍA PÉREZ

Proposal for a directive
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 relative;~~to a relative of any age in need of care or support due to a serious illness, disability or mental or physical dependency. “Serious illness” means a long-term medical condition that may be difficult to diagnose, and prevents the person from assuming essential and practical daily tasks, as a consequence of the disease symptoms, the disability generated, the treatment or the complex care pathway.

Amendment 311 #

Maria ARENA, Vilija BLINKEVIČIŪTĖ, Agnes JONGERIUS, Brando BENIFEI, Edouard MARTIN, Guillaume BALAS, Evelyn REGNER, Flavio ZANONATO, Georgi PIRINSKI, Michael DETJEN, Miapetra KUMPULA-NATRI

Proposal for a directive
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 relativ~~to a person with care or support needs due to a serious or chronic illness, disability, mental health or age related problem for a relative or a person in his/her immediate circle;

Amendment 312 #

Proposal for a directive
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 relativ~~to a person with care or support needs due to a serious or chronic illness, hospitalization, surgical intervention without hospitalization, disability, mental health or age related problem for a relative or a person in his/her immediate circle;

Amendment 313 #

Proposal for a directive
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 relative~~or chronic illness, disability or dependency of a relative, or, in accordance with national law, a worker not directly belonging to the family who provides such care on a non-profit basis, upon written request of the person being cared for;

Amendment 314 #

Proposal for a directive
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 relative or, in accordance with national law, a worker not directly belonging to the family who provides such care on a non- profit basis, upon written request of the person being cared for;

Amendment 315 #

Proposal for a directive
Article 3 – paragraph 1 – point c

(c) "carer" means a worker providing personal care or support ~~in case of a serious illness or dependency~~to a relative or a person in his/her immediate circle of any age with care or support needs due to a serious or chronic illness, disability, mental health ofr age relat~~ive~~ed impairment;

Amendment 316 #

Proposal for a directive
Article 3 – paragraph 1 – point c

(c) "carer" means a worker providing personal care or support ~~in case of a serious illness or dependency~~to a relative or a person in their immediate circle with care or support needs due to a serious or chronic illness, disability, mental health ofr age relat~~ive~~ed problem;

Amendment 317 #

Proposal for a directive
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 relative~~to a relative of any age who needs care or support as a result of a serious disability or serious mental or physical health condition;

Amendment 318 #

Proposal for a directive
Article 3 – paragraph 1 – point c

(c) "“carer"” means a worker providing personal ~~car~~assistance or support ~~in case of a serious illness or dependency of a relative;~~to a person with support needs due to a disability, a mental health problem or a health condition.

Amendment 319 #

Proposal for a directive
Article 3 – paragraph 1 – point c

(c) "“carer"” means a ~~worker providing personal care or support in case of~~person who provides care to someone with a serious illness, disability, or dependency o~~f a relative~~r care need, outside a professional or formal framework;

Amendment 320 #

Proposal for a directive
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 relative~~to a relative with support needs due to a serious medical reason, chronic illness or disability;

Amendment 321 #

Proposal for a directive
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 relative~~to a relative in need of care or support owing to a serious medical condition;

Amendment 322 #

Proposal for a directive
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 relative~~to a relative in need of care or support due to a serious illness or a serious disability;

Amendment 323 #

Proposal for a directive
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 relative~~to a relative in need of care or support due to a serious medical reason;

Amendment 324 #

Proposal for a directive
Article 3 – paragraph 1 – point c

(c) “carer" means a worker providing personal care or support to a relative in case of a serious illness, disability or dependency ~~of a relative~~;

Amendment 325 #

Proposal for a directive
Article 3 – paragraph 1 – point c a (new)

(ca) “carers' leave” means leave from work for carers in order to provide personal assistance or support to a relative or a person in the worker's immediate circle with support needs due to old age, a disability, a mental health problem, a health condition or another impairment.

Amendment 326 #

Proposal for a directive
Article 3 – paragraph 1 – point c a (new)

(ca) “carers’ leave” means leave from work for a carer on the grounds of the need to provide care to someone with a serious illness, disability, or dependency or care need, outside a professional or formal framework.

Amendment 327 #

Agnieszka KOZŁOWSKA, David CASA, Danuta JAZŁOWIECKA

Proposal for a directive
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 in need of care or support due to a serious disability or a mental or physical health condition;

Amendment 328 #

Proposal for a directive
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 in need of care or support due to a serious medical reason;

Amendment 329 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Article 3 – paragraph 1 – point d

(d) "relative" means at least a worker's first-degree relatives (son, daughter, mother, father, s~~pouse or partner in civil partnership, where such partnerships are envisaged by national law~~ibling) and second-degree relatives (uncles, aunts, nephews, nieces, grandparents, grandchildren, half- siblings), spouse or partner in civil partnership, where such partnerships are envisaged by national law as well as step- siblings, step- and foster children both in the own and in the spouse’s or partner’s family and children under legal guardianship;

Amendment 330 #

Proposal for a directive
Article 3 – paragraph 1 – point d

(d) "relative" means at least a worker's first-degree relative (son, daughter, mother, father, s~~pouse or partner in civil partnership, where such partnerships are envisaged by national law~~ibling) and second-degree relatives (uncles, aunts, nephews, nieces, grandparents, grandchildren, half- siblings), spouse or partner in civil partnership, where such partnerships are envisaged by national law as well as step- siblings, step- and foster children both in the own and in the spouse’s or partner’s family and children under legal guardianship;

Amendment 331 #

Maria ARENA, Vilija BLINKEVIČIŪTĖ, Agnes JONGERIUS, Brando BENIFEI, Edouard MARTIN, Guillaume BALAS, Evelyn REGNER, Flavio ZANONATO, Georgi PIRINSKI, Michael DETJEN, Miapetra KUMPULA-NATRI, Sergio GUTIÉRREZ PRIETO, Javi LÓPEZ

Proposal for a directive
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 332 #

Proposal for a directive
Article 3 – paragraph 1 – point d

(d) “relative" means a worker's next of kin (son, daughter, mother, father~~, spouse or partner in civil partnership, where such partnerships are envisaged by national law~~ or sibling), second-degree relatives (uncles, aunts, nephews, nieces, grandparents, grandchildren, half-siblings) or spouse or partner in civil partnership as provided for in national law, foster and adopted children, whether the worker’s own family or a spouse or partner’s family;

Amendment 333 #

Proposal for a directive
Article 3 – paragraph 1 – point d

(d) "relative" means a worker's 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 334 #

Michaela ŠOJDROVÁ, Marijana PETIR, Danuta JAZŁOWIECKA, Romana TOMC, Anna ZÁBORSKÁ, Ádám KÓSA

Proposal for a directive
Article 3 – paragraph 1 – point d

(d) "relative" means a worker's son, daughter, ~~mother, father,~~step-child, foster child, mother, father, including adoptive ones, as well as step-father, -mother, siblings, grandparents and grandchildren, as well as spouse or partner in civil partnership, where such partnerships are envisaged by national law;

Amendment 335 #

Robert ROCHEFORT

Proposal for a directive
Article 3 – paragraph 1 – point d

(d) “relative” means a worker’s son, daughter, adopted child, mother, father, ~~spouse~~adoptive parents, spouse and his or her children or partner in civil partnership and his or her children, where such partnerships are envisaged by national law;

Amendment 336 #

Proposal for a directive
Article 3 – paragraph 1 – point d

(d) "relative" means a worker's son, daughter, mother, father, grandmother, grandfather, spouse or partner in civil partnership, where such partnerships are envisaged by national law, and relative of the worker’s spouse;

Amendment 337 #

Proposal for a directive
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 law, and grandparents;

Amendment 338 #

Proposal for a directive
Article 3 – paragraph 1 – point d

(d) “"relative" means a worker's ~~son, daughter, mother, father, spouse~~relatives up to the second degree of consanguinity or affinity or partner in civil partnership, where such partnerships are envisaged by national law;

Amendment 339 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Article 3 – paragraph 1 – point d a (new)

(da) “designated third party” means a worker to whom a parent transfers their entitlement to leave;

Amendment 340 #

Proposal for a directive
Article 3 – paragraph 1 – point d a (new)

(da) “designated third party” means a worker to whom a parent transfers their right to leaves covered in this Directive;

Amendment 341 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Article 3 – paragraph 1 – point d b (new)

Amendment 342 #

Proposal for a directive
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 illness;~~deleted

Amendment 343 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO

Proposal for a directive
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 illness;~~deleted

Amendment 344 #

Proposal for a directive
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 illness;~~deleted

Amendment 345 #

Proposal for a directive
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 illness;~~deleted

Amendment 346 #

Proposal for a directive
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 illness;~~deleted

Amendment 347 #

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON

Proposal for a directive
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 illness;~~“care and support needs” mean personalised assistance or support which allows an individual with a disability, a mental health problem, a health condition or age-related impairment preventing a person to participate fully in society.

Amendment 348 #

Maria ARENA, Vilija BLINKEVIČIŪTĖ, Agnes JONGERIUS, Brando BENIFEI, Edouard MARTIN, Guillaume BALAS, Evelyn REGNER, Flavio ZANONATO, Michael DETJEN, Miapetra KUMPULA-NATRI, Sergio GUTIÉRREZ PRIETO, Javi LÓPEZ

Proposal for a directive
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 illness;~~“care and support needs” mean personalised assistance or support which allows an individual with a disability, a mental health problem, a age-related need or a health condition to fully participate in society'

Amendment 349 #

Proposal for a directive
Article 3 – paragraph 1 – point e

(e) "dependency" means a situation in which a person is, temporarily or permanently, in need of care and / or assistance due to disability or, a serious medical condition other than serious illness or age;

Amendment 350 #

Proposal for a directive
Article 3 – paragraph 1 – point e

(e) "“dependency"” means a s~~ituation~~tate 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 take responsibility over normal activities due to a medical condition or disability.

Amendment 351 #

Verónica LOPE FONTAGNÉ

Proposal for a directive
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 illness~~dependent on health care;

Amendment 352 #

Proposal for a directive
Article 3 – paragraph 1 – point e

(e) "~~dependency~~support needs" 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 illness~~reason, chronic illness or disability;

Amendment 353 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO

Proposal for a directive
Article 3 – paragraph 1 – point e a (new)

(ea) "support needs” means personalised assistance or support which allows an individual with a disability, a mental health problem or a health condition to fully participate in society;

Amendment 354 #

Proposal for a directive
Article 3 – paragraph 1 – point f

(f) “~~flexi~~employee-oriented adaptable working arrangements” means the possibility for workers to adjust their work~~ing~~ time patterns on a voluntary basis, including through the use of remote working arrangements, ~~flexi~~adjustable working schedules, or a reduction in working hours.

Amendment 355 #

Proposal for a directive
Article 3 – paragraph 1 – point f

Amendment 356 #

Proposal for a directive
Article 3 – paragraph 1 – point f

(f) ~~“flexible~~ "working arrangements” with suitable hours" means 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.

Amendment 357 #

Proposal for a directive
Article 3 – paragraph 1 – point f

(f) ‘flexible working arrangements’ means 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.

Amendment 358 #

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON, Robert ROCHEFORT

Proposal for a directive
Article 3 – paragraph 1 – point f

(f) “flexible working arrangements” means the possibility ~~for workers~~ to adjust ~~their~~ working patterns, including through the use of remote working arrangements, flexible working schedules, or a ~~reduction in~~n adjustment of working hours.

Amendment 359 #

Proposal for a directive
Article 3 – paragraph 1 – point f

(f) “flexible working arrangements” means the possibility for workers after discussions with their employer to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours.

Amendment 360 #

Proposal for a directive
Article 3 – paragraph 1 – point f a (new)

(fa) “carers’ leave” means care providers may take time off work to provide personal care or support to a relative who needs care or support owing to a serious disability or a serious mental or physical health condition;

Amendment 361 #

Proposal for a directive
Article 3 – paragraph 1 – point f a (new)

(fa) "single parent" means a person who is neither married nor in a partnership as recognised by national law and who has sole parental responsibility for a child.

Amendment 362 #

Proposal for a directive
Article 3 – paragraph 1 - point g a (new)

(ga) "carer’s leave” means leave from work for carers in order to provide personal assistance or support to a relative with support needs due to a disability, a mental health problem or a health condition;

Amendment 363 #

Proposal for a directive
Article 3 – paragraph 1 - point h a (new)

(ha) “carer’s leave” means leave from work for carers in order to provide personal assistance or support to a relative with support needs due to a disability, a mental health problem or a health condition;

Amendment 364 #

Proposal for a directive
Article 3 – paragraph 1 - point i a (new)

(ia) “support needs” mean personalised assistance or support which allows an individual with a disability, a mental health problem or a health condition to fully participate in society;

Amendment 365 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall be encouraged to 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 a child.

Amendment 366 #

Michaela ŠOJDROVÁ, Marijana PETIR, Romana TOMC, Anna ZÁBORSKÁ

Proposal for a directive
Article 4 – paragraph 1

Amendment 367 #

Alessandra MUSSOLINI

Proposal for a directive
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 a child.

Amendment 368 #

Maria ARENA, Rory PALMER, Vilija BLINKEVIČIŪTĖ, Agnes JONGERIUS, Brando BENIFEI, Edouard MARTIN, Guillaume BALAS, Flavio ZANONATO, Georgi PIRINSKI, Michael DETJEN, Miapetra KUMPULA-NATRI, Sergio GUTIÉRREZ PRIETO, Javi LÓPEZ

Proposal for a directive
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~~a mandatory paternity leave of at least ten working days ~~on the occasion of the~~ to be taken around the time of the birth, stillbirth or adoption of a child. Member states may determine whether the leave can also be taken partly before or only directly after the birth, stillbirth ofr adoption of the child.

Amendment 369 #

Proposal for a directive
Article 4 – paragraph 1

Amendment 370 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States, after consulting the social partners, shall take the necessary measures to ensure that fathers have the ~~right~~obligation to take paternity leave of at least ten working days on the occasion of the birth of a child.

Amendment 371 #

Proposal for a directive
Article 4 – paragraph 1

Amendment 372 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Article 4 – paragraph 1

Amendment 373 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall take the necessary measures to ensure that fathers ~~have the right to take~~or an equivalent second parent or partner as defined in national law have mandatory paternity leave of at least ten working days onaround the occasion of the birth, stillbirth or adoption of a child.

Amendment 374 #

Agnieszka KOZŁOWSKA, David CASA, Danuta JAZŁOWIECKA

Proposal for a directive
Article 4 – paragraph 1

Amendment 375 #

Proposal for a directive
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 within the first year of a child’s life, preferably on the occasion of the birth or adoption of a child.

Amendment 376 #

Renate WEBER, Marian HARKIN, Jasenko SELIMOVIC, Enrique CALVET CHAMBON

Proposal for a directive
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 ~~a child~~the child. Member States may determine whether the leave can also be taken partly before or only after the birth of the child, as well as whether it can be taken in flexible forms.

Amendment 377 #

Ádám KÓSA

Proposal for a directive
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 a child. Member States shall impose a proportional time frame following the birth of a child within which the paternity leave must be exhausted. Such time frame shall not be less than 6 weeks following the birth of a child.

Amendment 378 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall take the necessary measures to ensure that fathers or the persons legally recognised as such have the right to take paternity leave of at least ten working days on the occasion of the birth of a child.

Amendment 379 #

Proposal for a directive
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, stillbirth or adoption of a child.

Amendment 380 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall take the necessary measures to ensure that fathers ~~have the right~~are obliged to take paternity leave of at least ten working days on the occasion of the birth of a child.

Amendment 381 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI

Proposal for a directive
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 or adoption of a child.

Amendment 382 #

Agnieszka KOZŁOWSKA, David CASA, Danuta JAZŁOWIECKA

Proposal for a directive
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 a child or adoption.

Amendment 383 #

Proposal for a directive
Article 4 – paragraph 1 a (new)

1a. Member States may make the right to paternity leave subject to a period of work qualification or a length of service qualification not exceeding one year. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC1a, with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. __________________ 1a Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p. 43)

Amendment 384 #

Michaela ŠOJDROVÁ, Marijana PETIR, Danuta JAZŁOWIECKA, Romana TOMC, Anna ZÁBORSKÁ

Proposal for a directive
Article 4 – paragraph 1 a (new)

1a. Member States shall consider introducing the possibility of fathers to take additional unpaid paternity leave provided that this is not excessively burdensome for the employer.

Amendment 385 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC, João PIMENTA LOPES

Proposal for a directive
Article 4 – paragraph 2

2. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of the length or status of the worker's employment relationship and irrespective of the worker's marital or family status as defined in national law.

Amendment 386 #

Proposal for a directive
Article 4 – paragraph 2

Amendment 387 #

Proposal for a directive
Article 4 – paragraph 2

Amendment 388 #

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. If, after the evaluation procedure provided for by Article 18, it is apparent that insufficient progress has been made in the Member States, the Commission shall then submit a proposal for binding measures.

Amendment 389 #

Sergio GUTIÉRREZ PRIETO, Javi LÓPEZ, Iratxe GARCÍA PÉREZ

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. The reference to ten working days in paragraph 1 shall be understood as referring to the full-time working pattern, as defined in the Member States in question. A worker's entitlement to paternity leave may be calculated proportionally to the working time in line with the worker's individual working pattern as specified in the contract of employment.

Amendment 390 #

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. Member States shall assess the need for the conditions of access and detailed arrangements for the application of paternity leave to be enlarged and adapted in case of multiple births, premature births, disability. Member States may define other cases for special arrangements for the application of paternity leave.

Amendment 391 #

Proposal for a directive
Article 4 – paragraph 2 a (new)

Amendment 392 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC, João PIMENTA LOPES

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. Member States shall assess the need for arrangements needed to make sure the application of paternity leave is adapted to the needs of adoptive parents, disabled parents, parents with mental health problems, parents with children with a disability or with a mental health problem.

Amendment 393 #

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. Member States shall assess the need for arrangements needed to make sure the application of paternity leave is adapted to the needs of multiple births, premature births, adoptive parents, parents with disabilities, parents with mental health problems, parents with children with a disability or with a mental health problem.

Amendment 394 #

Proposal for a directive
Article 4 – paragraph 2 a (new)

Amendment 395 #

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. The right to paternity leave referred in paragraph 1 shall be granted irrespective of the length of service or the status of employment of the employee.

Amendment 396 #

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. Paternity leave shall be enshrined mutatis mutandis for same-sex families;

Amendment 397 #

Proposal for a directive
Article 4 a (new)

Article 4a Maternity leave Member States shall take the necessary measures to ensure that mothers have the right to take maternity leave of at least 30 working days on the occasion of the birth of a child.

Amendment 398 #

Proposal for a directive
Article 5 – paragraph 1

1. Member States shall be encouraged to take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve.

Amendment 399 #

Proposal for a directive
Article 5 – paragraph 1

1. Member States shall take the necessary measures to ensure that workers have ~~an individual~~the right to parental leave of at least ~~four months to be taken before the child reaches a given age which shall b~~180 working days to be taken immediately after the birth. The couple may freely decide to share the leave between themselves, except for the mother’s and the fat ~~least twelve~~her’s own mandatory periods.

Amendment 400 #

Proposal for a directive
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 month~~16 weeks to be taken before the child reaches ~~a given age which shall be a~~eight lyea~~st twelve~~rs old.

Amendment 401 #

Proposal for a directive
Article 5 – paragraph 1

1. Member States shall take the necessary measures to ensure that every workers haves an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelve.

Amendment 402 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI

Proposal for a directive
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 months to be taken before the child reaches a given age which shall be at least twelve. Member States shall ensure that protection measures are also applied to the self-employed, professionals and entrepreneurs.

Amendment 403 #

Maria ARENA, Vilija BLINKEVIČIŪTĖ, Agnes JONGERIUS, Brando BENIFEI, Elena GENTILE, Edouard MARTIN, Guillaume BALAS, Flavio ZANONATO, Georgi PIRINSKI, Michael DETJEN, Miapetra KUMPULA-NATRI, Sergio GUTIÉRREZ PRIETO, Javi LÓPEZ

Proposal for a directive
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 months to be taken before the child reaches a given age which shall be at least twelve. The length of parental leave shall be doubled for single parents.

Amendment 404 #

Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Paloma LÓPEZ BERMEJO

Proposal for a directive
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 months to be taken before the child reaches a given age which shall be at least twelve. Member States may increase the threshold of 12 years for children with disabilities.

Amendment 405 #

Proposal for a directive
Article 5 – paragraph 1

1. Member States shall take the necessary measures to ensure that workers have an individual right to paid, non- transferable parental leave of at least four months to be taken alternatively by each parent before the child reaches a given age which shall be at least twelve.

Amendment 406 #

Michaela ŠOJDROVÁ, Marijana PETIR, Danuta JAZŁOWIECKA, Romana TOMC, Anna ZÁBORSKÁ, Ádám KÓSA

Proposal for a directive
Article 5 – paragraph 1

Amendment 407 #

Proposal for a directive
Article 5 – paragraph 1

Amendment 408 #

Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Geoffroy DIDIER

Proposal for a directive
Article 5 – paragraph 1

Amendment 409 #

Proposal for a directive
Article 5 – paragraph 1

Amendment 410 #

Proposal for a directive
Article 5 – paragraph 1

Amendment 411 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Article 5 – paragraph 1

Amendment 412 #

Proposal for a directive
Article 5 – paragraph 1 a (new)

1a. Member States shall put in place special provisions for single parents, introducing a minimum period of eight months of paid leave. Single parents, as defined by national law, shall be allowed to transfer the leave period allocated to the second parent to a designated third party of their choice;

Amendment 413 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Article 5 – paragraph 1 b (new)

1b. Member States shall put in place special provisions for parents with disabilities, introducing a minimum period of eight months of paid leave. Parents with disabilities shall have the right to transfer a part of the given parental leave to a designated third party.

Amendment 414 #

Proposal for a directive
Article 5 – paragraph 1 a (new)

1a. Member States may specify that two months of parental leave should be taken during the first four years of the child's life.

Amendment 415 #

Proposal for a directive
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 transferr~~deleted.

Amendment 416 #

Michaela ŠOJDROVÁ, Marijana PETIR, Danuta JAZŁOWIECKA, Romana TOMC, Anna ZÁBORSKÁ

Proposal for a directive
Article 5 – paragraph 2

2. Where Member States grant a longer leave period than that established in the previous paragraph and allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least four months of individual parental leave cannot be transferred; where Member States grant parental leave longer than the four-month minimum set out in this Directive, a limited period may be transferred not only to the other parent, but also to the individuals who actually care for the child, such as grandparents who work.

Amendment 417 #

Proposal for a directive
Article 5 – paragraph 2

Amendment 418 #

Proposal for a directive
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 month~~16 weeks of parental leave cannot be transferred.

Amendment 419 #

Proposal for a directive
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~~two months of parental leave cannot be transferred.

Amendment 420 #

Proposal for a directive
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 transferred. Where Member States allow parents more parental leave than the four months in the present directive, a limited amount of it should be transferrable not only to the other parent, but also to persons effectively taking care of the child, such as working grandparents.

Amendment 421 #

Proposal for a directive
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 transferred. Where Member States provide for more than four months' parental leave, a limited amount of that leave might be transferable not only to the other parent, but also to persons who effectively take care of the child, such as working grandparents.

Amendment 422 #

Tania GONZÁLEZ PEÑAS, Patrick LE HYARIC, Paloma LÓPEZ BERMEJO

Proposal for a directive
Article 5 – paragraph 2

Amendment 423 #

Proposal for a directive
Article 5 – paragraph 2

Amendment 424 #

Proposal for a directive
Article 5 – paragraph 2 a (new)

Amendment 425 #

Proposal for a directive
Article 5 – paragraph 3

3. Member States shall establish framework guidelines for the period of notice to be given by the workers to employers when exercising the right to parental leave, specifying the intended beginning and end of the period of leave. In doing so, Member States shall take into account the needs of both employers, especially micro, small and medium-sized undertakings, and workers. Member States shall ~~ensure that the worker's request specifies the intended beginning and end of the period of leave~~also take into account force majeure as well as the possibility for a mutual agreement on changes to the period of notice between the worker and the employer.

Amendment 426 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Article 5 – paragraph 3

3. Member States shall establish the period of notice to be given by workers to employers when exercising the right to parental leave. In doing so, Member States shall take into account the needs of both ~~employers and workers~~workers and employers – particularly the employers’ –when they are carrying out the requisite procedures to cover the workers’ absence while they are on parental leave . Member States shall ensure that the worker's request specifies the intended beginning and end of the period of leave.

Amendment 427 #

Proposal for a directive
Article 5 – paragraph 3

3. Member States, after conducting social dialogue with the related stakeholders and unions, shall establish the period of notice to be given by workers to employers when exercising the right to parental leave. In doing so, Member States shall take into account the needs of both employers and workers. Member States shall ensure that the worker's request specifies the intended beginning and end of the period of leave.

Amendment 428 #

Proposal for a directive
Article 5 – paragraph 3

3. Member States shall establish tha reasonable period of notice to be given by workers to employers when exercising the right to parental leave. In doing so, Member States shall take into account the needs of both employers and workers. Member States shall ensure that the worker's request specifies the intended beginning and end of the period of leave.

Amendment 429 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI

Proposal for a directive
Article 5 – paragraph 3

3. Member States shall establish the period of notice to be given by workers to employers when exercising the right to parental leave. In doing so, Member States shall take into account the needs of both employers, in particular those in micro, small and medium-sized enterprises, and workers. Member States shall ensure that the worker's request specifies the intended beginning and end of the period of leave.

Amendment 430 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI

Proposal for a directive
Article 5 – paragraph 3 a (new)

(3a) Member States shall take specific measures to ensure that all benefits provided for by this Directive apply when parents go abroad for a protracted period in order to complete an international adoption procedure.

Amendment 431 #

Proposal for a directive
Article 5 – paragraph 3 a (new)

3a. Single parents, as defined in national law, shall be allowed to take up the leave period allocated to the second parent or to transfer it to a designated third party.

Amendment 432 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC, João PIMENTA LOPES

Proposal for a directive
Article 5 – paragraph 4

4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed one year. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC21 , with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. __________________ 21 Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p.43).deleted

Amendment 433 #

Proposal for a directive
Article 5 – paragraph 4

4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed one year. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC21 , with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. __________________ 21 Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p.43).deleted

Amendment 434 #

Proposal for a directive
Article 5 – paragraph 4

4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed one year. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC21 , with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. __________________ 21 Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p.43).deleted

Amendment 435 #

Proposal for a directive
Article 5 – paragraph 4

4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed one year. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC21, with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. __________________ 21 Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p.43).deleted

Amendment 436 #

Proposal for a directive
Article 5 – paragraph 4

4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed one year. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC21, with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. __________________ 21 Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p.43).deleted

Amendment 437 #

Proposal for a directive
Article 5 – paragraph 4

4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed ~~one year~~six months. In the case of successive fixed- term contracts, within the meaning of Council Directive 1999/70/EC21, with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. __________________ 21 Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p.43).

Amendment 438 #

Proposal for a directive
Article 5 – paragraph 4

4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification ~~which shall not exceed one year~~of reasonable duration. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC21, with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. __________________ 21 Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p.43).

Amendment 439 #

Proposal for a directive
Article 5 – paragraph 4

4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed one year. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC21 , with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. Also taken into account should be the periods of training and apprenticeship when similar to working obligations. __________________ 21 Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p.43).

Amendment 440 #

Michaela ŠOJDROVÁ, Marijana PETIR, Romana TOMC, Anna ZÁBORSKÁ

Proposal for a directive
Article 5 – paragraph 5

5. Member States may define the ~~Member States may define the~~ 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. The employer shall be allowed to postpone the granting of parental leave no more than twice and a maximum period of six months. Employers shall justify any postponement of parental leave in writing.

Amendment 441 #

Proposal for a directive
Article 5 – paragraph 5

5. Member States may define the 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. In case of justified postponement of parental leave, the employer shall, where possible, offer flexible forms of parental leave pursuant to paragraph 6 of this Article.

Amendment 442 #

Proposal for a directive
Article 5 – paragraph 5

5. Member States may define the 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. In case of disagreement those documents should be examined by the proper instance.

Amendment 443 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Article 5 – paragraph 5

5. Member States may define the 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. In doing so, they shall take particular account of the specific character of SMEs. Employers shall justify any postponement of parental leave ~~in writing~~.

Amendment 444 #

Proposal for a directive
Article 5 – paragraph 5

5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed once to postpone the granting of parental leave by a ~~reasonable period of time~~period of three months maximum 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 445 #

Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Geoffroy DIDIER

Proposal for a directive
Article 5 – paragraph 5

5. Member States may define the 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~~for a maximum of six months 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 446 #

Proposal for a directive
Article 5 – paragraph 5

5. Member States may define the circumstances in which an employer, following consultation in accordance with national law, collective agreements and/or practice, may be allowed to postpone once 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 447 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI

Proposal for a directive
Article 5 – paragraph 5

Amendment 448 #

Proposal for a directive
Article 5 – paragraph 5 a (new)

5a. Member States shall take the necessary measures to create a framework which incentivises the development of home childcare arrangements.

Amendment 449 #

Proposal for a directive
Article 5 – paragraph 6

6. Member States shall be encouraged to 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 request in writing.~~

Amendment 450 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
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~~ , creating reporting, monitor 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 request in~~g and inspection systems to ensure that this right is complied writ~~ing~~h.

Amendment 451 #

Proposal for a directive
Article 5 – paragraph 6

6. Member States shall take the necessary measures to ensure that workers have the right to ~~request~~demand parental leave also on a part-time basis, in blocks separated by periods of work or in other ~~flexible forms. Employers~~adaptable to their needs forms. Employers, acting in accordance with the national legislation and collective agreements, 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 request and set out the grounds in writing.

Amendment 452 #

Maria ARENA, Vilija BLINKEVIČIŪTĖ, Agnes JONGERIUS, Brando BENIFEI, Elena GENTILE

Proposal for a directive
Article 5 – paragraph 6

Amendment 453 #

Proposal for a directive
Article 5 – paragraph 6

Amendment 454 #

Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Geoffroy DIDIER

Proposal for a directive
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 request in writing. Member States shall take the necessary measures to ensure that, where such an application has been refused on grounds deemed insufficient, the worker concerned may lodge an appeal before the competent courts.

Amendment 455 #

Mara BIZZOTTO

Proposal for a directive
Article 5 – paragraph 6

6. Member States shall take the necessary measures, in relation to specific requirements associated with the types of undertakings located in the various localities, 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 request in writing.

Amendment 456 #

Proposal for a directive
Article 5 – paragraph 6

Amendment 457 #

Proposal for a directive
Article 5 – paragraph 6 a (new)

6a. Member States shall establish notice periods to be given by the worker to the employer when exercising the right to parental leave. Such notice shall include the beginning and the end of the period of leave. Member States shall take into consideration the interests of workers and of employers when determining the lengths of such notice periods - this will help employers in the reorganisation of work;

Amendment 458 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC, João PIMENTA LOPES

Proposal for a directive
Article 5 – paragraph 7

7. Member States shall ~~assess the need for the~~establish facilitated 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 long-term illness. in particular through measures such as the extension of the age limit of the child to the purpose of parental leave, facilitated access to part time work upon their return to the workplace and/ or an extension of the length of the parental leave.

Amendment 459 #

Proposal for a directive
Article 5 – paragraph 7

7. Member States shall assess the need for the conditions of access and detailed arrangements ~~for~~needed to make sure the application of parental leave ~~to be~~is adapted to the needs of adoptive parents, parents ~~having~~with a disability, parents with mental health problems and parents with children with a disability or, a long-term illness or mental health problems.

Amendment 460 #

Proposal for a directive
Article 5 – paragraph 7

7. Member States shall assess the need for ~~the conditions of access and detailed arrangements for~~arrangements needed to make sure the application of parental leave ~~to be~~is adapted to the needs of adoptive parents, ~~parents having a disability and~~disabled parents, parents with mental health problems, parents ~~with~~of children with a disability or, a long-term illness or mental health problems.

Amendment 461 #

Proposal for a directive
Article 5 – paragraph 7

Amendment 462 #

Proposal for a directive
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 long-term illness and parents of twins, which may not be set at a lower level than under this Directive.

Amendment 463 #

Proposal for a directive
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 single parents, adoptive parents, parents having a disability and parents with children with a disability or long-term illness.

Amendment 464 #

Proposal for a directive
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 465 #

Proposal for a directive
Article 5 – paragraph 7

7. Member States shall a~~ssess the need for~~dapt 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 long-term illness.

Amendment 466 #

Proposal for a directive
Article 5 – paragraph 7 a (new)

7a. If, after the evaluation procedure provided for by Article 18, it is apparent, in the light of the previous paragraphs of this article, that insufficient progress has been made in the Member States, the Commission shall then submit a proposal for binding measures.

Amendment 467 #

Proposal for a directive
Article 5 – paragraph 7 a (new)

7a. The right to parental leave referred in this article shall be granted irrespective of marital or family status as defined in national law with the condition of a mutual agreement between the parents.

Amendment 468 #

Proposal for a directive
Article 5 – paragraph 7 b (new)

7b. The individual right to parental leave shall be granted according to marital or family status or at least upon a proof of mutual agreement between the parents.

Amendment 469 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Article 5 – paragraph 7 c (new)

7c. In case of a proved lack of involvement of one of the parents, in the children’s education, the whole parental leave should be transferred to the involved parent to the grandparents or the stepparents.

Amendment 470 #

Proposal for a directive
Article 6 – title

~~6 Carers' leav~~Leave for workers who informally provide care

Amendment 471 #

Proposal for a directive
Article 6 – title

~~Carers'~~Family assistance leave

Amendment 472 #

Proposal for a directive
Article 6 – paragraph 1

Amendment 473 #

Proposal for a directive
Article 6 – paragraph 1

Member States shall take the necessary measures to eins~~ure that workers have the right to carers' leave of at least five working days per year, per work~~titute suitable systems providing for leave that can be taken for purposes of caring. In doing so, each Member. S~~uch right may be subject to appropriate substantiation of the medical condition of the worker's relative~~tate shall act in accordance with its own needs and traditions, taking account of all the existing leave systems.

Amendment 474 #

Proposal for a directive
Article 6 – paragraph 1

Member States shall take the necessary measures to ensure that all workers, regardless of gender and including the self-employed, 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 condition of the worker's relative.~~

Amendment 475 #

Proposal for a directive
Article 6 – paragraph 1

Member States shall take the necessary measures to ensure that workers have the right to non-transferable carers' leave of at least fitwelve working days per year, per worker. Such right may be subject to appropriate substantiation of the ~~medical condition~~support needs of the ~~worker's relative~~person requiring such support.

Amendment 476 #

Proposal for a directive
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 condition of the worker's relativ~~physical or mental condition or disability of the person in need of care and support and, if possible, of that person’s wish to receive care and support from the relative concerned. Information on the medical condition or loss of autonomy shall be kept confidential and shared only with a small number of services involved in order to safeguard the right to data protection of both the worker and the person in need of care.

Amendment 477 #

Proposal for a directive
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~~in order to provide personal care or support to a relative in need of care or support owing to a serious medical condition. Such right mayust be subject to appropriate substantiation of the medical condition of the worker's relative in accordance with national law.

Amendment 478 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
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 condition of the worker's relativ~~physical or mental health condition or disability of the person in need for care and support and, if possible, the persons’ will to receive care and support from this relative. The information on the medical condition or situation of loss of autonomy should be kept confidential and be shared only with a restricted number of involved services to safeguard the right to data protection of both the worker and the person in need of care.

Amendment 479 #

Proposal for a directive
Article 6 – paragraph 1

Member States shall take the necessary measures to ensure that workers have the right to ~~carers'~~non-transferable leave of at least fitwelve working days per year, per worker who informally provides care to relatives and/or other dependent persons. Such right may be subject to appropriate substantiation of the ~~medical condition of the worker's relative~~support needs of the person requiring such support.

Amendment 480 #

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON, Robert ROCHEFORT

Proposal for a directive
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 condition ~~of the worker's relativ~~, dependency or the loss of autonomy of the worker's relative. The information on the medical condition, dependency or situation of loss of autonomy should be kept confidential and be shared only with a restricted number of involved services to safeguard the right to data protection of both the worker and the person in need of care.

Amendment 481 #

Proposal for a directive
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~~shall be subject to appropriate medical substantiation of the medical condition of the worker's relative.

Amendment 482 #

Proposal for a directive
Article 6 – paragraph 1

Amendment 483 #

Verónica LOPE FONTAGNÉ

Proposal for a directive
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~~is subject to ~~appropriate substantiation of the medical condition of the worker's relativ~~prior notice and substantiation that it is a result of the worker's relative suffering an accident, serious illness, hospitalisation or a surgical procedure.

Amendment 484 #

Proposal for a directive
Article 6 – paragraph 1

Amendment 485 #

Proposal for a directive
Article 6 – paragraph 1

Member States shall be encouraged to 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 condition of the worker's relative.

Amendment 486 #

Proposal for a directive
Article 6 – paragraph 1

Amendment 487 #

Proposal for a directive
Article 6 – paragraph 1

Amendment 488 #

Proposal for a directive
Article 6 – paragraph 1

Amendment 489 #

Proposal for a directive
Article 6 – paragraph 1 – point 1 (new)

(1) Member States shall take the necessary measures to ensure that workers have the right to paid carers' leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of the medical condition of the worker's relative.

Amendment 490 #

Proposal for a directive
Article 6 – paragraph 1 – point 2 (new)

(2) Member States shall take the necessary measures to ensure that carers have the right to take time off from work in order to provide care that has been substantiated pursuant to the previous point.

Amendment 491 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC, João PIMENTA LOPES

Proposal for a directive
Article 6 – paragraph 1 a (new)

If, after the evaluation procedure provided for by Article 18, it is apparent that insufficient progress has been made in the Member States, the Commission shall then submit a proposal for binding measures.

Amendment 492 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI

Proposal for a directive
Article 6 – paragraph 1 a (new)

Member States shall adopt financial measures and incentives to promote subsidised home care arrangements which provide for the use of qualified operators. The financial incentives must be calculated on the basis of the worker’s reference income.

Amendment 493 #

Proposal for a directive
Article 6 – paragraph 1 a (new)

The information on the medical or mental condition or situation of loss of autonomy should be kept confidential and be shared only with a restricted number of involved services to safeguard the right to data protection of both the worker and the person in need of care.

Amendment 494 #

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON

Proposal for a directive
Article 6 – paragraph 1 a (new)

The national system of a Member State which guarantees workers the right to care for relatives may be recognised as carers’ leave in accordance with paragraph 1 if the national system offers a comparable level of protection.

Amendment 495 #

Proposal for a directive
Article 6 – paragraph 1 a (new)

Member States shall assess the need to adapt or extend the definition of "carer" to the purpose of applying for the relevant leave, with the aim of taking into account situations of particular difficulty.

Amendment 496 #

Proposal for a directive
Article 6 a (new)

Article 6 a The information on the medical condition or situation of loss of autonomy should be kept confidential and be shared only with a restricted number of involved services to safeguard the right to data protection of both the worker and the person in need of care.

Amendment 497 #

Proposal for a directive
Article 7 – paragraph 1

Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness or accident making the immediate presence of the worker indispensable. ~~Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both.~~

Amendment 498 #

Proposal for a directive
Article 7 – paragraph 1

Member States shall be encouraged to take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness or accident making the immediate presence of the worker indispensable. Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both.

Amendment 499 #

Proposal for a directive
Article 7 – paragraph 1

Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness or accident making the immediate presence of the worker indispensable. ~~Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both~~In the case of dependents with disabilities or long-term illness, the enjoyment of this right includes the guarantee of full remuneration and labour rights.

Amendment 500 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC, João PIMENTA LOPES

Proposal for a directive
Article 7 – paragraph 1

Amendment 501 #

Proposal for a directive
Article 7 – paragraph 1

Amendment 502 #

Proposal for a directive
Article 7 – paragraph 1

Member States shall take the necessary measures to ensure that workers have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness, mental health problems or accident making the immediate presence of the worker indispensable. Member States may limit the right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or both.

Amendment 503 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC, João PIMENTA LOPES

Proposal for a directive
Article 7 a (new)

Article 7a Supplementary parental leave 1. Member States shall consider establishing supplementary parental leave, lasting no less than 3 months per parent, which enables parents to provide assistance after they have taken their parental leave to a child or adopted minor up to 12 years old. 2. Whether and how to take or share the leave shall be freely decided by the couple. 3. Member States shall lay down the conditions under which leave may be taken consecutively, for staggered periods or spread over a period longer than 3 months if taken by a parent working part- time. 4. Member States shall determine the deadlines by which workers must tell their employers that they will take the leave and provide their employers with the substantiation necessary for them to take the leave.

Amendment 504 #

Proposal for a directive
Article 8 – title

~~8 Adequate incom~~Right to full income during leave

Amendment 505 #

Proposal for a directive
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~~100% of their salary. The leave referred to in Article 7a shall be paid at 100% if taken immediately and consecutively after parental leave.

Amendment 506 #

Georges BACH

Proposal for a directive
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 a~~t least equivalent to what the worker concerned would receive in case of sick leave.~~s follows: (a) for paternity leave as referred to in Article 4(1), a payment or allowance of at least equivalent to sick pay level whilst ensuring the principle of equality between women and men is respected; (b) for parental leave as referred to in Article 5(1), a payment or allowance, at a minimum level to be set by Member States, of at least equivalent to 45 % of the national average gross annual salary. (c) for carers' leave as referred to in Article 6, a payment or allowance of at least equivalent to sick pay level whilst ensuring the principle of equality between women and men is respected;

Amendment 507 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC, João PIMENTA LOPES

Proposal for a directive
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: a~~t 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 508 #

Proposal for a directive
Article 8 – paragraph 1

Amendment 509 #

Proposal for a directive
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 the 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 a~~t least equivalent to what the worker concerned would receive in case of sick leave.~~s follow:

Amendment 510 #

Proposal for a directive
Article 8 – paragraph 1

Amendment 511 #

Sergio GUTIÉRREZ PRIETO, Javi LÓPEZ, Iratxe GARCÍA PÉREZ

Proposal for a directive
Article 8 – paragraph 1

Amendment 512 #

Proposal for a directive
Article 8 – paragraph 1

Amendment 513 #

Maria ARENA, Vilija BLINKEVIČIŪTĖ, Agnes JONGERIUS, Brando BENIFEI, Edouard MARTIN, Guillaume BALAS, Flavio ZANONATO, Georgi PIRINSKI, Michael DETJEN, Miapetra KUMPULA-NATRI

Proposal for a directive
Article 8 – paragraph 1

Amendment 514 #

Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Geoffroy DIDIER

Proposal for a directive
Article 8 – paragraph 1

Amendment 515 #

Michaela ŠOJDROVÁ, Marijana PETIR

Proposal for a directive
Article 8 – paragraph 1

Amendment 516 #

Alessandra MUSSOLINI

Proposal for a directive
Article 8 – paragraph 1

Amendment 517 #

Proposal for a directive
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 leav~~the following payment or adequate allowance: a) for the minimum period of paternity leave as referred to in Article 4(1), a payment or adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave b) for the minimum period of parental leave as referred to in Article 5(1) and carers´ leave as referred to in Article 6, a payment or allowance which shall represent at least 60% of the worker´s gross wage.

Amendment 518 #

Mara BIZZOTTO

Proposal for a directive
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, and shall stipulate that, if the payment or allowance is greater than that, the additional component shall be completely exempt from any taxation or levying of contributions. Member States and the social partners shall also support special arrangements to meet the operational and organisational requirements of small and medium-sized undertakings.

Amendment 519 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI

Proposal for a directive
Article 8 – paragraph 1

Amendment 520 #

Proposal for a directive
Article 8 – paragraph 1

Amendment 521 #

Proposal for a directive
Article 8 – paragraph 1

Amendment 522 #

Proposal for a directive
Article 8 – paragraph 1 – point 1 (new)

(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 3, 4 or 5 will receive a payment or an allowance at least equivalent to their pay, so as to avoid creating disincentives for having children.

Amendment 523 #

Proposal for a directive
Article 8 – paragraph 1 – point a (new)

(a) for the minimum period of paternity leave provided for in article 4, a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave, including any ceiling in case of sick leave set by Member States;

Amendment 524 #

Proposal for a directive
Article 8.º – paragraph 1 – point 2 (new)

(2) Member States shall ensure that workers exercising the rights to leave referred to in Article 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave.

Amendment 525 #

Proposal for a directive
Article 8 – paragraph 1 – point b (new)

(b) for the minimum period of parental leave provided for in Article 5: (i) for non transferable portion provided in Article 5(2) an allowance at least equivalent to 65% of the remuneration until the children reaches the age of 6 years and (ii) for the transferable portion; a payment or an adequate allowance; to be defined by the Member State and/or the social partners; and

Amendment 526 #

Proposal for a directive
Article 8 – paragraph 1 – point c (new)

(c) for the minimum period, a payment of carer's leave provided for in Article 6, a payment or an adequate allowance, to be defined by the Member States and/or the social partners.

Amendment 527 #

Proposal for a directive
Article 8 – paragraph 1 a (new)

The payment or adequate allowance referred to in paragraph 1(a) and 1(b)(i) may be made subject to a separate ceiling set by the Member State, which shall not be lower than 50% of the basis remuneration in the public sector.

Amendment 528 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO

Proposal for a directive
Article 8 a (new)

Article 8a Social Policies for the family and financial resources In order to implement European promotional policies for the well-being of the family and its members, the European Commission proposes and implements programs and positive actions together the Member States, to be financed with the support of the European funds to promote the improvement of family life and implement measures for families in companies, with particular reference to small and medium-sized enterprises.

Amendment 529 #

Proposal for a directive
Article 9 – title

~~Flexi~~Employee-oriented adaptable working arrangements

Amendment 530 #

Proposal for a directive
Article 9 – title

FEmployee-oriented flexible working arrangements

Amendment 531 #

Proposal for a directive
Article 9 – title

~~Flexible w~~Working arrangements with suitable hours

Amendment 532 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Article 9 – paragraph 1

1. Member States shall be encouraged to take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelve, 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 533 #

Proposal for a directive
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 at least twelve, and ~~carer~~workers who informally provide care to relatives and/or dependent persons, have the right to request ~~flexi~~employee-oriented adaptable working arrangements for caring purposes. The ~~duration of such flexi~~employee-oriented adaptable working arrangements shall be reversible, worker friendly and applicable to all forms of contracts. The duration of such employee- oriented adaptable working arrangements may be subject to a reasonable limitation.

Amendment 534 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI

Proposal for a directive
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 at least twelve, 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~~Wherever possible, Member States shall also provide for instruments such as teleworking and target-oriented work. For the duration of such flexible working arrangements, provision shall be made for all necessary protective measures to prevent all forms of abuse.

Amendment 535 #

Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Geoffroy DIDIER

Proposal for a directive
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 at least twelve,~~ and carers, have the right to request ~~flexible~~ working arrangements ~~for caring purpos~~with suitable hours which enable them to breastfeed or bottle-feed or fulfil their responsibilities to their families. The duration of such ~~flexible~~ working arrangements may be subject to a reasonable limitation.

Amendment 536 #

Proposal for a directive
Article 9 – paragraph 1

Amendment 537 #

Proposal for a directive
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 at least ~~twelve~~six, 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 538 #

Proposal for a directive
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 at least t~~welv~~en, 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 539 #

Proposal for a directive
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 at least twelve, and carers~~ of up to eight, 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 540 #

Proposal for a directive
Article 9 – paragraph 1

Amendment 541 #

Proposal for a directive
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 at least ~~twelve~~eight, 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 542 #

Proposal for a directive
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 ~~at least twelve~~no more than eight, 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 543 #

Proposal for a directive
Article 9 – paragraph 1

Amendment 544 #

Proposal for a directive
Article 9 – paragraph 1

Amendment 545 #

Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1 (new)

Member States shall assess the need for arrangements necessary to make sure the application of flexible working arrangements is adapted to the needs of adoptive parents, disabled parents, parents with mental health problems, parents of children with disabilities, long- terms illnesses or mental health problems.

Amendment 546 #

Proposal for a directive
Article 9 – paragraph 1 a (new)

1a. Member States shall establish framework guidelines for the period of notice to be given by the workers to employers when exercising the right to flexible working arrangements, specifying the intended beginning and end of the period of exercising this right. In doing so, Member States shall take into account the needs of both employers, especially micro, small and medium-sized undertakings, and workers. Member States shall also take into account force majeure as well as the possibility for a mutual agreement on changes to the period of notice between the worker and the employer.

Amendment 547 #

Proposal for a directive
Article 9 – paragraph 1 a (new)

1a. Flexible working arrangements mean putting in place necessary work patterns (such as flexible working hours or work patterns, harnessing technology innovations allowing remote work) that will allow the carers to look after the person they are caring for on an unplanned or regular basis while remaining active on the labour market.

Amendment 548 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI

Proposal for a directive
Article 9 – paragraph 1 a (new)

1a. Member States may make provision for tax relief and/or incentives to help micro, small and medium-sized enterprises comply with the terms of this Directive.

Amendment 549 #

Proposal for a directive
Article 9 – paragraph 2

Amendment 550 #

Proposal for a directive
Article 9 – paragraph 2

2. Employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall justify in writing any refusal or postponement of such a requests within a reasonable period of time following the submission of the application. This justification shall be based on exceptional circumstances that are specifically laid down by law, collective agreements and/or practices in force in each Member State.

Amendment 551 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO

Proposal for a directive
Article 9 – paragraph 2

2. Employers shall consider and respond to requests for flexible working arrangements referred to in paragraphs 1 and 3, taking into account the needs of both employers and workers. ~~Employers shall justify any refusal of~~The final say as to whether or not to accept a worker’s request for flexible working arrangements shall rest with the employer. Employers shall inform the worker of the main reasons for refusing such a request.

Amendment 552 #

Proposal for a directive
Article 9 – paragraph 2

2. Employers shall consider and respond in writing to requests for ~~flexi~~employee-oriented adaptable working arrangements referred to in paragraph 1, taking into account the needs of both employers and workers. Employers shall adequately justify any refusal and its grounds of such a request and shall provide alternative options in writing.

Amendment 553 #

Proposal for a directive
Article 9 – paragraph 2

Amendment 554 #

Proposal for a directive
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, in particular micro and small and medium-sized enterprises, and workers. Employers shall ~~jus~~notify any refusal of such a request.

Amendment 555 #

Proposal for a directive
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, in particular micro and small and medium-sized enterprises (MSMEs), and workers. Employers shall justify any refusal of such a request.

Amendment 556 #

Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Geoffroy DIDIER

Proposal for a directive
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, in particular in micro, small and medium-sized businesses. Employers shall justify any refusal of such a request.

Amendment 557 #

Proposal for a directive
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, in particular for small and medium-sized enterprises. Employers shall justify any refusal of such a request.

Amendment 558 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI

Proposal for a directive
Article 9 – paragraph 2

Amendment 559 #

Proposal for a directive
Article 9 – paragraph 2

Amendment 560 #

Michaela ŠOJDROVÁ, Marijana PETIR, Romana TOMC, Anna ZÁBORSKÁ, Ádám KÓSA

Proposal for a directive
Article 9 – paragraph 2

Amendment 561 #

Proposal for a directive
Article 9 – paragraph 2

Amendment 562 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO

Proposal for a directive
Article 9 – paragraph 3

3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies. Employers shall be obliged to consider and respond to such requests, taking into account the needs of both employers and workers.deleted

Amendment 563 #

Proposal for a directive
Article 9 – paragraph 3

3. When ~~flexi~~employee-oriented adaptable working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern when~~ever a change of circumstances so justifies~~ requested. Employers shall be obliged to consider and respond to such requests in writing, taking into account the needs of both employers and workers.

Amendment 564 #

Proposal for a directive
Article 9.º – paragraph 3

Amendment 565 #

Maria ARENA, Vilija BLINKEVIČIŪTĖ, Agnes JONGERIUS, Brando BENIFEI, Elena GENTILE

Proposal for a directive
Article 9 – paragraph 3

3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern when~~ever a change of circumstances so justifies~~ requested. Employers shall be obliged to consider and respond in writing to such requests, taking into account the needs of both employers and workers.

Amendment 566 #

Proposal for a directive
Article 9 – paragraph 3

3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the worker shall have the right to return to the original working pattern at the end of the agreed period. The worker shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies. Employers shall be obliged to consider and respond in writing to such requests, taking into account the needs of both employers and workers.

Amendment 567 #

Rosa ESTARÀS FERRAGUT, Verónica LOPE FONTAGNÉ

Proposal for a directive
Article 9 – paragraph 3 a (new)

3a. Member States may make the right to flexible working arrangements subject to a period of work qualification or a length of service qualification which shall not exceed one year. In the case of successive fixed-term contracts, within the meaning of Council Directive 1999/70/EC1a, with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. __________________ 1a Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p. 43).

Amendment 568 #

Proposal for a directive
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 569 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO

Proposal for a directive
Article 9 – paragraph 3 a (new)

3a. Member States shall assess the need for arrangements needed to make sure the application of employee-oriented adaptable worktime arrangements are adjusted 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 570 #

Proposal for a directive
Article 9 – paragraph 3 a (new)

Amendment 571 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI

Proposal for a directive
Article 9 a (new)

Amendment 572 #

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON

Proposal for a directive
Article 9 a (new)

Article 9a Supervising children and young people Member States shall take steps to ensure that parents can supervise their children on an ad hoc basis, notably in order to learn about their progress at school, and provision shall be made for ad hoc arrangements to adjust working hours or for paid absences or leave.

Amendment 573 #

Proposal for a directive
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, 6, 7 or 69 starts shall be maintained until the end of such leave or of the respective period of time for the flexible working arrangements. At the end of such leave, those rights, including any changes arising from national law, collective agreements or practice, shall apply.

Amendment 574 #

Proposal for a directive
Article 10 – paragraph 2

2. Member States shall ensure that, at the end of leave referred to in Article 4, 5 or 6, workers are entitled to return to their jobs or to equivalent posts on equivalent 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 575 #

Michaela ŠOJDROVÁ, Marijana PETIR, Danuta JAZŁOWIECKA, Romana TOMC

Proposal for a directive
Article 10 – paragraph 2

2. Member States shall ensure that, at the end of leave or of the respective period of time for the flexible working arrangements, referred to in Article 4, 5, 6, 7 or 6,9 workers are entitled to ~~return to~~have their jobs ~~or to~~reserved or if appropriate to obtain 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 576 #

Proposal for a directive
Article 10 – paragraph 2

Amendment 577 #

Proposal for a directive
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 3, 4, 5 or 6 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 578 #

Proposal for a directive
Article 10 – paragraph 1

Amendment 579 #

Proposal for a directive
Article 10 – paragraph 2

2. Member States shall ensure that, at the end of leave referred to in Article 3, 4, 5 or 6, 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 580 #

Proposal for a directive
Article 10 – paragraph 2

Amendment 581 #

Proposal for a directive
Article 10 – paragraph 2 a (new)

2a. Member States shall ensure that, at the end of the leave referred to in Article 5, workers can benefit, if necessary, from a reintegration plan to support their reintegration into the undertaking.

Amendment 582 #

Proposal for a directive
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~~, including as regards entitlements to social security,~~ while ensuring that the employment relationship is maintained during that period but also without prejudice to entitlements to social security including pension contribution which the worker remains subject to throughout thate period of leave.

Amendment 583 #

Proposal for a directive
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, including as regards entitlements to social security, while ensuring that the employment relationship is maintained during that period.

Amendment 584 #

Proposal for a directive
Article 10 – paragraph 3

3. .Member States shall define the status of the employment contract or employment relationship for the period of leave or of the respective period of time for the flexible working arrangements referred to in Article 4, 5, 6, 7 or 6,9 including as regards entitlements to social security, while ensuring that the employment relationship is maintained during that period.

Amendment 585 #

Proposal for a directive
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 3, 4, 5 or 6, including as regards entitlements to social security, while ensuring that the employment relationship is maintained during that period.

Amendment 586 #

Proposal for a directive
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 587 #

Proposal for a directive
Article 10 – paragraph 3 a (new)

3a. Collective agreements Member States may allow social partners to conclude collective agreements, in accordance with national law or practice, which, while respecting the overall protection of workers and the minimum standards laid down in this Directive, establish arrangements concerning the working conditions of workers.

Amendment 588 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC, João PIMENTA LOPES

Proposal for a directive
Article 10 – paragraph 3 a (new)

3a. Member States shall define the periods of suspension of performance of the work contract, which must be treated as periods of work. Such periods of suspension of performance of the work contract could include periods of annual leave, leave days for marriage, death, etc.

Amendment 589 #

Proposal for a directive
Article 10 – paragraph 3 a (new)

Amendment 590 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC, João PIMENTA LOPES

Proposal for a directive
Article 10 – paragraph 3 a (new)

Amendment 591 #

Proposal for a directive
Article 10 a (new)

Article 10a Collective agreements and bargaining Social partners play an important role in establishing (or improving) provisions for work life balance measures, among other parental and paternity leaves through collective agreements. Collective agreements can function as guidance or reinforcement of existing national-level policies and support the implementation of initiatives that promote gender equality in employment and work-life balance.

Amendment 592 #

Proposal for a directive
Article 11 – title

11 Non-discrimination and protection against dismissal

Amendment 593 #

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON, Robert ROCHEFORT

Proposal for a directive
Article 11 – paragraph 1

Member States shall take the necessary measures to prohibit ~~less favourable treatment~~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 on the ground that they have exercised their right to flexible working arrangements referred to in Article 9~~ and 5.

Amendment 594 #

Proposal for a directive
Article 11 – paragraph 1

Member States together with the social partners shall take the necessary measures to prohibit less favourable treatment of workers on the ground that they have applied for, or have taken, leave referred to in Article 4, 5, 6 or 6,7 or on the ground that they have exercised their right to flexible working arrangements referred to in Article 9.

Amendment 595 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO

Proposal for a directive
Article 11 – paragraph 1

Amendment 596 #

Proposal for a directive
Article 11 – paragraph 1

Amendment 597 #

Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Anne SANDER, Geoffroy DIDIER

Proposal for a directive
Article 11 – paragraph 1

Amendment 598 #

Proposal for a directive
Article 11 – paragraph 1

Member States shall take the necessary measures to prohibit less favourable treatment or dismissal of workers on the ground 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.

Amendment 599 #

Proposal for a directive
Article 11 – paragraph 1

Amendment 600 #

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON

Proposal for a directive
Article 11 – paragraph 1

Amendment 601 #

Proposal for a directive
Article 11 – paragraph 1 a (new)

1a. Member States together with the social partners shall take the appropriate steps to ensure that reasonable, available and accessible legal advice and assistance can be obtained and is provided to those in need of it, including confidential and in-person counselling, by equality bodies or appropriate intermediaries.

Amendment 602 #

Proposal for a directive
Article 12

Protection from dismissal and burden of 1. 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 9. 2. 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 9 may request the employer to provide duly substantiated grounds for the dismissal. The employer shall provide those grounds in writing. 3. necessary measures to ensure that, when workers referred to in paragraph 2 establish, before a court or other competent authority, facts from which it may be presumed that there have been such dismissal, it shall be for the respondent to prove that the dismissal was based on grounds other than those referred to in paragraph 1. 4. Member States from introducing rules of evidence which are more favourable to plaintiffs. 5. paragraph 3 to proceedings in which it is for the court or competent body to investigate the facts of the case. 6. Paragraph 3 shall not apply to criminal procedures, unless otherwise provided by the Member States.12 Article 12 deleted proof Member States shall take the Workers who consider that they Member States shall take the Paragraph 3 shall not prevent Member States need not apply

Amendment 603 #

Anthea McINTYRE

Proposal for a directive
Article 12

~~Protection from dismissal and burden of 1. Member States shall take the necessary measures to prohibit the dismissal and all preparations for dismissal~~ 12 Article 12 deleted proof wWorkers, 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 9. 2. 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 9 may request the employer to provide duly substantiated grounds for the dismissal. The employer shall provide those grounds in writing. 3. necessary measures to ensure that, when workers referred to in paragraph 2 establish, before a court or other competent authority, facts from which it may be presumed that there have been such dismissal, it shall be for the respondent to prove that the dismissal was based on grounds other than those referred to in paragraph 1. 4. Member States from introducing rules of evidence which are more favourable to plaintiffs. 5. paragraph 3 to proceedings in which it is for the court or competent body to investigate the facts of the case. 6. criminal procedures, unless otherwise provided by the Member States. who consider that they Member States shall take the Paragraph 3 shall not prevent Member States need not apply Paragraph 3 shall not apply to

Amendment 604 #

David CASA

Proposal for a directive
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 9~~.

Amendment 605 #

Proposal for a directive
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~~made use of any of the flexible working arrangements referred to in Article 9.

Amendment 606 #

Proposal for a directive
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 9.

Amendment 607 #

Proposal for a directive
Article 12 – paragraph 1

Amendment 608 #

Proposal for a directive
Article 12 – paragraph 1

Amendment 609 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO

Proposal for a directive
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 9. Workers who exercise their right to leave shall be protected from dismissal and any preparations for dismissal on the grounds that they have applied for, or have taken, such leave or have requested working arrangements with suitable hours.

Amendment 610 #

Proposal for a directive
Article 12 – paragraph 1

Amendment 611 #

Proposal for a directive
Article 12 – paragraph 1

Amendment 612 #

Proposal for a directive
Article 12 – paragraph 1

Amendment 613 #

Proposal for a directive
Article 12 – paragraph 2

2. ~~Workers who consider~~The burden of proof that theyre haves been no dismissedal on the grounds that ~~they~~workers have applied for, or have taken, leave referred to in Article 4, 5 or 6 or ofhave exercis~~ing~~ed the right to request ~~flexible~~ working arrangements with suitable hours referred to in Article 9 ~~may request the employer to provide duly substantiated grounds for the dismissal. The employer shall provide those grounds in writing~~should fall on the employer when workers report a presumed dismissal on such grounds to a court or other competent authority.

Amendment 614 #

David CASA

Proposal for a directive
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 9~~ may request the employer to provide duly substantiated grounds for the dismissal. ~~The employer shall provide those grounds in writing.~~

Amendment 615 #

Proposal for a directive
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 9~~5 may request the employer to provide duly substantiated grounds for the dismissal. The employer shall provide those grounds in writing.

Amendment 616 #

Proposal for a directive
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~~made use of any of the flexible working arrangements referred to in Article 9 may request the employer to provide duly substantiated grounds for the dismissal. The employer shall provide those grounds in writing.

Amendment 617 #

Proposal for a directive
Article 12 – paragraph 2

Amendment 618 #

Proposal for a directive
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 3, 4, 5 or 6 or of exercising the right to request flexible working arrangements referred to in Article 9 may request the employer to provide duly substantiated grounds for the dismissal. The employer shall provide those grounds in writing.

Amendment 619 #

Proposal for a directive
Article 12 – paragraph 3

3. Member States shall take the necessary measures to ensure that, when workers referred to in paragraph 2 establish, before a court or other competent authority, facts from which it may be presumed that there have been such dismissal, it shall be for the respondent to prove that the dismissal was based on grounds other than those referred to in paragraph 1.deleted

Amendment 620 #

Proposal for a directive
Article 12 – paragraph 3

3. Member States shall take the necessary measures to ensure that, when workers referred to in paragraph 2 establish, before a court or other competent authority, facts from which it may be presumed that there have been such dismissal, it shall be for the respondent to prove that the dismissal was based on grounds other than those referred to in paragraph 1.deleted

Amendment 621 #

Proposal for a directive
Article 12 – paragraph 3

3. Member States shall take the necessary measures to ensure that, when workers referred to in paragraph 2 establish, before a court or other competent authority, facts from which it may be presumed that there have been such dismissal, it shall bDismissals instigated in this context shall be considered null and void, with suitable procedures for reinstating and compensating the fwor ~~the respondent to prove that the dismissal was based on grounds other than those referred to in paragraph 1~~kers concerned, as well as the imposition of penalties on the employer taking such action.

Amendment 622 #

Sergio GUTIÉRREZ PRIETO, Javi LÓPEZ, Iratxe GARCÍA PÉREZ

Proposal for a directive
Article 12 – paragraph 3

Amendment 623 #

Proposal for a directive
Article 12 – paragraph 3 a (new)

3a. When the court's or competent authority's decision considers that the dismissal was based on the grounds referred to in paragraph 2 of this article, the worker will have the right to reinstatement if he/she chooses to do so. This will be without prejudice of compensation for damages granted by national law, applicable collective agreements and/or practice.

Amendment 624 #

Proposal for a directive
Article 12 – paragraph 4

~~4. Paragraph 3 shall not prevent Member States from introducing rules of evidence which are more favourable to plaintiffs.~~deleted

Amendment 625 #

Proposal for a directive
Article 12 – paragraph 5

~~5. Member States need not apply paragraph 3 to proceedings in which it is for the court or competent body to investigate the facts of the case.~~deleted

Amendment 626 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC, João PIMENTA LOPES

Proposal for a directive
Article 12 – paragraph 6

~~6. Paragraph 3 shall not apply to criminal procedures, unless otherwise provided by the Member States.~~deleted

Amendment 627 #

Proposal for a directive
Article 13 – title

Penalties and compensation

Amendment 628 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC, João PIMENTA LOPES

Proposal for a directive
Article 13 – paragraph 1

Amendment 629 #

Proposal for a directive
Article 13 – paragraph 1

Member States shall lay down rules on penalties and compensation for damages 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~~shall take the form of a fine. They may also comprise payment of compensation.

Amendment 630 #

Proposal for a directive
Article 13 – paragraph 1

Amendment 631 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Article 14 – paragraph 1

Member States shall introduce measures necessary to protect workers~~, including workers who are employees' representatives,~~ from any adverse treatment by the employer or adverse consequences resulting from a complaint lodged within the undertaking or any legal proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive.

Amendment 632 #

Proposal for a directive
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 workers who informally provide carers without gender discrimination ~~on grounds of sex are~~are also competent for issues falling within the scope of this Directive. These national bodies shall also be competent ~~for issues falling within~~in monitoring the implementation of this Directive on national level and provide gender disaggregated data to EIGE in order to allow for the scproper monitoring and assessment of this Directive's application.

Amendment 633 #

Proposal for a directive
Article 15 a (new)

Article 15 a Work-life balance support bodies Member States shall designate or set up consultative bodies for workers to support them and provide personalised advice on dealing with high work pressure and on how to achieve a genuine work-life balance.

Amendment 634 #

Proposal for a directive
Article 16 – title

Level of protection and non-regression

Amendment 635 #

Proposal for a directive
Article 16 – paragraph 1

~~Member States may introduce or maintain~~1. This Directive does not constitute valid grounds for reducing the level of protection already afforded to workers within Member states in any form. 2. This Directive shall not affect Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions ~~that~~which are more favourable to workers ~~than those laid down in this Directive. They~~or to encourage or permit the application of collective agreements more favourable to workers. 3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union. Member States shall however ensure that at least four months of parental leave remain non-transferable in accordance with Article 5(2).

Amendment 636 #

Michaela ŠOJDROVÁ, Marijana PETIR, Romana TOMC, Anna ZÁBORSKÁ

Proposal for a directive
Article 16 – paragraph 1

Member States may introduce or maintain provisions that are more favourable to workers than those laid down in this Directive. The~~y shall however ensure that at least four months of parental leav~~ provisions adopted in this Directive shall not allow workers to be stripped of more favourable rights available under national law. The definition of minimum levels of rights in this Directive may not serve as grounds to deprive workers of protection or rights in any Member State under the pre~~main non-transferable in accordance with Article 5(2~~text that the Union is imposing new rules (including for the purposes of country- specific recommendations).

Amendment 637 #

Ádám KÓSA

Proposal for a directive
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 months of parental leave remain non-transferable in accordance with Article 5(2)~~, provided that such provisions are not excessively burdensome for employers, especially small and middle sized enterprises.

Amendment 638 #

Proposal for a directive
Article 16 – paragraph 1

Amendment 639 #

Proposal for a directive
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 month~~16 weeks of parental leave remain non-transferable in accordance with Article 5(2).

Amendment 640 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Article 16 – paragraph 1

Amendment 641 #

Proposal for a directive
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 months of parental leave remain non-transferable in accordance with Article 5(2) while progressively guarantee the non-transferability of leaves in accordance with the principle of individual social entitlements.

Amendment 642 #

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON, Robert ROCHEFORT

Proposal for a directive
Article 16 – paragraph 1 a (new)

The implementation of this Directive shall not be sufficient grounds for any regression in relation to the situation which already prevails in each Member State and in relation to the general level of protection of workers in the areas to which it applies.

Amendment 643 #

Proposal for a directive
Article 16 – paragraph 1 a (new)

This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States.

Amendment 644 #

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON, Robert ROCHEFORT

Proposal for a directive
Article 16 – paragraph 1 b (new)

This Directive shall not affect Member States' prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements more favourable to workers.

Amendment 645 #

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON, Robert ROCHEFORT

Proposal for a directive
Article 16 – paragraph 1 c (new)

This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.

Amendment 646 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI

Proposal for a directive
Article 16 a (new)

Article 16a Non-regression The implementation of this Directive shall not be sufficient grounds for regression in relation to the situation which already prevails in each Member State and in relation to the general level of protection of workers in the areas to which it applies. Member States and/or the social partners may maintain or introduce more favourable provisions for workers than those set out in this Directive.

Amendment 647 #

Herbert DORFMANN, Heinz K. BECKER, David CASA

Proposal for a directive
Article 17 – paragraph 1

Member States shall ensure that the provisions adopted pursuant to this Directive, together with the relevant provisions already in force relating to the subject matter as set out in Article 1 of this Directive, are brought by all appropriate means to the attention of ~~the persons concerned throughout their territory.~~workers and undertakings, especially micro, small and medium-sized undertakings, concerned throughout their territory, including through the Single Digital Gateway

Amendment 648 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI

Proposal for a directive
Article 17 – paragraph 1

Amendment 649 #

Proposal for a directive
Article 17 – paragraph 1 a (new)

Member States shall assess the possibility to promote voluntary certification systems. In order to foster a broader adoption of work-life balance measures by public and private organisations, public authorities could set up incentive measures in favour of certificated organisations.

Amendment 650 #

Michaela ŠOJDROVÁ, Marijana PETIR, Danuta JAZŁOWIECKA, Romana TOMC, Anna ZÁBORSKÁ, Ádám KÓSA

Proposal for a directive
Article 17 – paragraph 1 a (new)

Implementation of this Directive shall not be sufficient grounds for any regression in relation to the situation which already prevails in each Member State and in relation to the general level of protection of workers in the areas to which it applies.

Amendment 651 #

Proposal for a directive
Article 17 a (new)

Article 17 a Dialogue with relevant stakeholders With a view to promoting the objectives of this Directive, the European Union and its Member States shall encourage dialogue with relevant stakeholders, in particular with parents and family associations, employers and trade unions.

Amendment 652 #

Proposal for a directive
Article 17 a (new)

Article 17 a Dialogue with relevant stakeholders With a view to promoting the objectives of this Directive, the European Union and its Member States shall encourage dialogue with relevant stakeholders, in particular with parents and family associations.

Amendment 653 #

Proposal for a directive
Article 17 a (new)

Article 17 a More favourable provisions 1. The implementation of this directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member states. 2. This Directive shall not affect Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements more favourable to workers. 3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.

Amendment 654 #

Proposal for a directive
Article 17 b (new)

Article 17 b More favourable provisions 1. This Directive does not constitute valid grounds for reducing the level of protection already afforded to workers within Member states in any form. 2. This Directive shall not affect Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements more favourable to workers. 3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.

Amendment 655 #

Proposal for a directive
Article 18 – paragraph 1

1. At the latest, by five years after the entry into force of th~~is Directive~~ese non-binding guidelines, Member States shall communicate to the Commission all relevant information concerning the application of th~~is Directive~~ese guidelines necessary for the Commission to draw up a report to the European Parliament and the Council on the application of th~~is Directive~~ese guidelines.

Amendment 656 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Article 18 – paragraph 1

Amendment 657 #

Proposal for a directive
Article 18 – paragraph 1

Amendment 658 #

Proposal for a directive
Article 18 – paragraph 1

1. At the latest, by five years after the entry into force of this Directive, Member States shall communicate to the Commission all relevant information concerning the application of this Directive necessary for the Commission to draw up a report to the European Parliament and the Council on the application of this Directive and an evaluation of to what extent the objectives of this Directive, including the impact on the development of micro, small and medium-sized enterprises, have been achieved.

Amendment 659 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Article 18 – paragraph 1 a (new)

Amendment 660 #

Proposal for a directive
Article 18 – paragraph 1 a (new)

1a. At the latest, by three years after the entry into force of this Directive, the Commission shall assess the possibility of recasting the Directives on maternity, paternity, parental and informal carer’s leave into a single European Directive providing for an equal and non- transferable parental leave entitlement for parents in case of childbirth or adoption;

Amendment 661 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC

Proposal for a directive
Article 18 – paragraph 2

2. On the basis of the information 2. 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 th~~is Directive, accompani~~ese guidelines, followed, if appropriate, by a legislative proposal.

Amendment 662 #

Proposal for a directive
Article 18 – paragraph 2

Amendment 663 #

Brando BENIFEI, Terry REINTKE

Proposal for a directive
Article 18 – paragraph 2

Amendment 664 #

Proposal for a directive
Article 18 – paragraph 2

Amendment 665 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI

Proposal for a directive
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 gender-specific data on the take-up of the different types of leave set out in this Directive and their impact on micro, small and medium-sized enterprises, accompanied, if appropriate, by a legislative proposal.

Amendment 666 #

Renate WEBER, Marian HARKIN, Enrique CALVET CHAMBON

Proposal for a directive
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 gender and age 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.

Amendment 667 #

Proposal for a directive
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, accompanied, if appropriate, by a legislative proposal. The Commission shall also assess the need to revise Council Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding and, if appropriate, put forward a legislative proposal.

Amendment 668 #

Proposal for a directive
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, 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.

Amendment 669 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC, João PIMENTA LOPES

Proposal for a directive
Article 18 – paragraph 2 a (new)

2a. The report reviewing the application of the directive shall also provide impact assessments, inter alia, on the following points: - possibilities to extending the duration of care leave - possibilities to extending the definition of carers - the effect of the directive on family carers who are using the possibility for carers’ leave, who have used the possibility of requesting flexible working arrangements, and who have used none of the arrangements covered by this directive.

Amendment 670 #

Proposal for a directive
Article 18 – paragraph 2 a (new)

Amendment 671 #

Proposal for a directive
Article 18 – paragraph 2 a (new)

Amendment 672 #

Tania GONZÁLEZ PEÑAS, Kostadinka KUNEVA, Paloma LÓPEZ BERMEJO, Patrick LE HYARIC, João PIMENTA LOPES

Proposal for a directive
Article 18 a (new)

Article 18 a Non-Regression 1. Member States and/or the social partners may maintain or introduce more favourable provisions for workers than those set out in this Directive. 2. This Directive shall be without prejudice to any more specific provisions in Union law, and in particular Union law provisions concerning equal treatment or opportunities for men and women. 3. The implementation of this Directive shall not constitute valid grounds for reducing the general level of protection afforded to workers. 4. The present agreement does not prejudice the right of the social partners to conclude at the appropriate level, including at European level, agreements adapting and/or complementing the provisions of this directive in a manner which will take note of the specific needs of the social partners concerned.

Amendment 673 #

Proposal for a directive
Article 18 a (new)

Article 18 a Non-regression 1. The implementation of this Directive shall not constitute grounds for diminishing the general level of protection already enforced to workers within Member States. 2. This Directive shall not affect Member States' prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers’ rights and leaves. 3. This Directive is without prejudice affecting any application of more favourable collective agreements that improve workers’ rights and leaves. 4. This Directive is without prejudice affecting any other rights conferred on workers by other legal acts of the Union.

Amendment 674 #

Proposal for a directive
Article 18 a (new)

Article 18 a Non-regression 1. The implementation of this Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers within Member States. 2. This Directive shall not affect Member States' prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of more favourable collective agreements. 3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.

Amendment 675 #

Proposal for a directive
Article 18 a (new)

Article 18a Non-regression Article 18a 1. Member States and/or the social partners may maintain or introduce more favourable provisions for workers than those set out in this proposal. 2. The implementation of these guidelines shall not constitute valid grounds for reducing the general level of protection afforded to workers.

Amendment 676 #

Proposal for a directive
Article 19

Directive 2010/18/EU is repealed with effect from two years following the date of entry into force of this Directive. References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in the Annex.Article 19 deleted Repeal

Amendment 677 #

Proposal for a directive
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.

Amendment 678 #

Proposal for a directive
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. They shall forthwith communicate to the Commission the text of those provisions. All these laws, regulations and administrative provisions must be the subject of a consultation procedure involving the social partners which takes account of specific national circumstances.

Amendment 679 #