22 Amendments of Angelika MLINAR related to 2017/0085(COD)
Amendment 44 #
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, 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 60 #
Proposal for a directive
Recital 6 a (new)
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 92 #
Proposal for a directive
Recital 8 b (new)
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 113 #
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 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 129 #
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 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.
Amendment 154 #
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 carryingtaking care of elderly family member and/or other relatives in need of care, workers with a seriously ill or dependant relativerelative 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 dependencycare or support needs may be required prior to granting of the leave.
Amendment 167 #
Proposal for a directive
Recital 19
Recital 19
(19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The level of the allowance should be at least equivalent to what the worker concerned would receive in case of sickin any case not lower than 85%, of worker’s gross salary, also for parental and carers’ leave. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 224 #
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 236 #
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, stillbirth or adoption of a child;
Amendment 269 #
Proposal for a directive
Article 3 – paragraph 1 – point d
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 275 #
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 282 #
Proposal for a directive
Article 3 – paragraph 1 – point e a (new)
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 295 #
Proposal for a directive
Article 4 – paragraph 1
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 302 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
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 359 #
Proposal for a directive
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Member States shall assess the need for the conditions of access and detailed arrangements forarrangements needed to make sure the application of parental leave to beis adapted to the needs of adoptive parents, parents having a disability anddisabled parents, parents with mental health problems, parents withof children with a disability or, a long-term illness or mental health problems.
Amendment 369 #
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 care and support needs of the medical condition of the worker's relative.
Amendment 378 #
Proposal for a directive
Article 7 – paragraph 1
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 380 #
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 leaves 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 398 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
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 410 #
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 any refusal of such a request.
Amendment 414 #
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.
Amendment 461 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
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.