Activities of Elena GENTILE related to 2017/0085(COD)
Plenary speeches (1)
Work-life balance for parents and carers (debate) (debate) IT
Amendments (35)
Amendment 32 #
Proposal for a directive
Recital 4
Recital 4
(4) The Union is party to the United Nations' Convention on the Rights of People with Disabilities. The provisions of that Convention are thus, from the time of its entry into force, an integral part of the European Union legal order and Union legislation must as far as possible be interpreted in a manner that is consistent with the Convention. The Convention provides, among other things, in its Article 7 that Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children. Moreover, the Convention, in its Article 23, provides that 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 51 #
Proposal for a directive
Recital 6 a (new)
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 59 #
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 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 partly or entirely.
Amendment 69 #
Proposal for a directive
Recital 8
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 77 #
Proposal for a directive
Recital 8 a (new)
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 137 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelve years old. Member States should be able to specify 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 situationsspecific 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 173 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to provide greater opportunities to remain in the work force for men and women carrying of elderly family member and/or other relatives in need of care, workers with a seriously ill or dependant relativerelative with care or supports 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 dependencycare or support needs may be required prior to granting of the leave.
Amendment 189 #
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 a payment or an adequate allowance while on leave. The level of the payment or the allowance should be at least equivalent to what85 % of the worker concerned would receive in case of sick leav’s gross wage. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 199 #
Proposal for a directive
Recital 20
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 211 #
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 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 requestdemand 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 219 #
Proposal for a directive
Recital 23
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 224 #
Proposal for a directive
Recital 24
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 233 #
Proposal for a directive
Recital 25
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 259 #
Proposal for a directive
Recital 30 a (new)
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 274 #
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 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 282 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) "paternity leave" means paid and mandatory leave from work for fathers 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 295 #
Proposal for a directive
Article 3 – paragraph 1 – point b
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 307 #
Proposal for a directive
Article 3 – paragraph 1 – point b a (new)
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 322 #
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 relativeto a relative in need of care or support due to a serious illness or a serious disability;
Amendment 376 #
Proposal for a directive
Article 4 – paragraph 1
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 childthe 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 386 #
Proposal for a directive
Article 4 – paragraph 2
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 389 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
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 391 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
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 403 #
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 twelve. The length of parental leave shall be doubled for single parents.
Amendment 446 #
Proposal for a directive
Article 5 – paragraph 5
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 453 #
Proposal for a directive
Article 5 – paragraph 6
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 states.
Amendment 482 #
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 conditioncare and support needs of the worker's relative.
Amendment 509 #
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 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 at least equivalent to what the worker concerned would receive in case of sick leave.s follow:
Amendment 523 #
Proposal for a directive
Article 8 – paragraph 1 – point a (new)
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 525 #
Proposal for a directive
Article 8 – paragraph 1 – point b (new)
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)
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)
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 #
Proposal for a directive
Article 8 a (new)
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 550 #
Proposal for a directive
Article 9 – paragraph 2
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 566 #
Proposal for a directive
Article 9 – paragraph 3
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.