28 Amendments of Jadwiga WIŚNIEWSKA related to 2017/0085(COD)
Amendment 78 #
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, 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 100 #
Proposal for a directive
Recital 11
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 107 #
Proposal for a directive
Recital 13
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 123 #
Proposal for a directive
Recital 14
Recital 14
(14) As the majority of fathers do not avail themselves of their right to parental leave or transfer a considerable proportion of their leave entitlement to mothers, iIn 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, one month of parental leave which cannot be transferred from one parent to the other.
Amendment 127 #
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 twelvemost 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 peraking 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 serviceone 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 147 #
Proposal for a directive
Recital 17
Recital 17
Amendment 158 #
Proposal for a directive
Recital 18
Recital 18
(18) In addition to the right to carers’ leave provided for in this Directive, aAll workers should maintainhave 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 160 #
Proposal for a directive
Recital 19
Recital 19
Amendment 209 #
Proposal for a directive
Recital 30
Recital 30
(30) This DirectiveIn 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 212 #
Proposal for a directive
Article 1 – paragraph 1
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 215 #
Proposal for a directive
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) paternity leave, and parental leave and carers’ leave;
Amendment 219 #
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) flexible working arrangements for working parents and carers.
Amendment 233 #
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 to be takenon 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 249 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
Amendment 261 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
Amendment 276 #
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 297 #
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 within the first two years of a child’s life, preferably on the occasion of the birth or adoption of a child.
Amendment 320 #
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 twelvemost eight.
Amendment 331 #
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 fourone months of parental leave cannot be transferred.
Amendment 348 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
Amendment 390 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave.
Amendment 411 #
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 and workers. Employers, in particular in micro, shmall justify any refusal of such a requand medium-sized businessest.
Amendment 421 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Rights acquired or in the process of being acquired by workers on the date on which leave referred to in Article 4, 5 or 6 and 5 starts shall be maintained until the end of such leave. At the end of such leave, those rights, including any changes arising from national law, collective agreements or practice, shall apply.
Amendment 423 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that, at the end of leave referred to in Article 4, 5 or 6 and 5, workers are entitled to return to their jobs or to equivalent posts on terms and conditions which are no less favourable to them, and to benefit from any improvement in working conditions to which they would have been entitled during their absence.
Amendment 425 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. .Member States shall define the status of the employment contract or employment relationship for the period of leave referred to in Article 4, 5 or 6 and 5, including as regards entitlements to social security, while ensuring that the employment relationship is maintained during that period.
Amendment 432 #
Proposal for a directive
Article 11 – paragraph 1
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, and 5 or on the ground that they have exercised their right to flexible working arrangements referred to in Article 9.
Amendment 438 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall take the necessary measures to prohibit the dismissal and all preparations for dismissal of workers, on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6 and 5, or have exercised the right to request flexible working arrangements referred to in Article 9.
Amendment 440 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Workers who consider that they have been dismissed on the grounds that they have applied for, or have taken, leave referred to in Article 4, 5 or 6 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.