36 Amendments of Heinz K. BECKER related to 2017/0085(COD)
Amendment 29 #
Proposal for a directive
Recital 3 a (new)
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 #
Proposal for a directive
Recital 4
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 44 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Policies addressing work/life balance in relation to informal carers – who currently provide 80% of all care across the EU, free of charge - are relevant and commensurate with the challenges posed by demographic changes. These will contribute to mitigating the effects of an increasing care demand on the one hand side, and the trend towards smaller and more geographically dispersed families as well as increasing number of women entering the labour market, decreasing the informal care potential on the other. The prevalence of informal care in Europe coupled with the pressure on public expenditure in some countries renders this form of support even more important in the future. It is therefore clear that informal care needs to be supported and measures that enable carers to combine care with work are indispensable in this respect.
Amendment 53 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The 2013 European Parliament Own Initiative Report entitled ‘Impact of the crisis on access to care for vulnerable groups’ (2013/2044) specifically calls for a Directive on Carers’ Leave.
Amendment 55 #
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
Amendment 62 #
Proposal for a directive
Recital 7
Recital 7
(7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. Having an ill or dependent relative has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market entirely. This in turn has negative financial consequences, as the social security and pension rights of these carers may be affected as a result. Research and practice also demonstrate the business case in addressing the needs of working carers, including outcomes such as reduced absenteeism, attracted and retained staff, and better motivation of staff.
Amendment 79 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The availability of quality, accessible and affordable care infrastructures – supporting childcare as well as care for other dependants – has proved to be a crucial aspect to work-life balance policies that facilitate rapid return to work (after giving birth) and retaining work (by carers for other dependants).
Amendment 103 #
Proposal for a directive
Recital 11
Recital 11
(11) This Directive lays down minimum requirements related to paternity, parental and carers' leave and to flexible working arrangements for parents and workers with caring responsibilities. By facilitating the reconciliation of work and family life for parents and carers, this Directive should contribute to the Treaty-based goals of equality between men and women with regard to labour market opportunities, equal treatment at work and the promotion of a high level of employment in the Union. It is also totally in line with current demographic developments, such as increasing care needs due to the ageing of society on the one hand and the diminishing informal care potential on the other (due to smaller and more dispersed families and increasing female labour market participation), which call for a combination of investments in appropriate long-term care services and practical measures that allow carers to maintain an active professional life. It needs to be borne in mind that 80 % of all care provided across the EU is provided by (unpaid) informal carers (75% of these carers are women).
Amendment 136 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelven 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 165 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to provide greater opportunities to remain in the work force for men and women carrying ofor elderly family member and/or other relatives in need of care, workers with a seriously ill or dependant relativerelative 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. To prevent abusehis not only reflects the current care provision reality, with increasing care needs ofn that right, proof of the serious illness or dependency maye 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 182 #
Proposal for a directive
Recital 19
Recital 19
(19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The existence and level of thean allowance should be at least equivalent to what the worker concerned would receive in case of sick leavis to be determined at Member States level, while taking into account national frameworks already in place. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 206 #
Proposal for a directive
Recital 21
Recital 21
(21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children or taking care of other dependants with a chronic care need, long periods of reduced working hours may lead to lower social security contributions translating into reduced or non-existing pension entitlements. In the case of many carers, this can lead to financial hardship, due to loss of direct as well as of future income, while the provision of informal care is ultimately a sizeable contribution to society as well as to tight health and social budgets. The ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer, 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 228 #
Proposal for a directive
Recital 25
Recital 25
Amendment 242 #
Proposal for a directive
Recital 27 a (new)
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 251 #
Proposal for a directive
Recital 30
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 undertakingMSMEs. 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 262 #
Proposal for a directive
Recital 32 a (new)
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 275 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to all workers, men and women, who have an employment contract or employment relationship 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 287 #
Proposal for a directive
Article 3 – paragraph 1 – point a
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 301 #
Proposal for a directive
Article 3 – paragraph 1 – point b
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 310 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) "carer" means a worker providing personal care or support in case of a serious illness or dependency of a 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 327 #
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) "carers’ leave" means leave from work for carers in order to provide personal care or support to a relative in need of care or support due to a serious disability or a mental or physical health condition;
Amendment 333 #
Proposal for a directive
Article 3 – paragraph 1 – point d
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 350 #
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) "“dependency"” means a situationtate in which a person is, temporarily or permanently, in need of care due to disability or a serious medical condition other than serious illness;and not able to take responsibility over normal activities due to a medical condition or disability.
Amendment 410 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelven.
Amendment 420 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least four 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 457 #
Proposal for a directive
Article 5 – paragraph 6 a (new)
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 478 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take the necessary measures to ensure that workers have the right to carers'’ leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of the medical condition of the worker's relativphysical 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 510 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 65 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick lean adequate compensation to be determined by each EU country and/or the national social partners during the transposition phase of the directive.
Amendment 538 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelven, 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 547 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
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 555 #
Proposal for a directive
Article 9 – paragraph 2
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 649 #
Proposal for a directive
Article 17 – paragraph 1 a (new)
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 652 #
Proposal for a directive
Article 17 a (new)
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 654 #
Proposal for a directive
Article 17 b (new)
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 669 #
Proposal for a directive
Article 18 – paragraph 2 a (new)
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 672 #
Proposal for a directive
Article 18 a (new)
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.