9 Amendments of Iratxe GARCÍA PÉREZ related to 2008/0193(COD)
Amendment 2 #
Proposal for a directive – amending act
Recital 6 d (new)
Recital 6 d (new)
(6d) The World Health Organisation Global strategy on infant and young child feeding of 16 April 2002, endorsed by Resolution 55.25 of the 55th World Health Assembly states that exclusive breastfeeding during the first six months of a child's life guarantees optimum growth and development. On the basis of this resolution, the Member States should encourage the provision of leave designed to fulfil this purpose.
Amendment 3 #
Proposal for a directive – amending act
Recital 13 a (new)
Recital 13 a (new)
(13a) For the purposes of helping workers to reconcile their professional and family life and to achieve true gender equality it is essential for men to be entitled to paid paternity leave, granted on an equivalent basis – except with regard to its duration – to maternity leave with a view to gradually establishing the conditions required. This entitlement should also be given to unmarried couples. Member States are encouraged to consider whether, under their respective legal systems, working men might be granted a non-transferable individual right to paternity leave, without any loss of employment rights.
Amendment 6 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC.
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to a continuous period of maternity leave of at least 1820 weeks allocated before and/or after confinement. The following rules shall be taken into account when calculating these 20 weeks: - with respect to the last 6 weeks of the period referred to in paragraph 1, an existing scheme of family-related leave available at national level may be considered to be maternity leave for the purposes of this Directive, on condition that it provides overall protection to workers within the meaning of Article 2 of this Directive that is adequate as regards the level set out in this Directive. In this case, the total period of leave granted must exceed the period of parental leave provided for in Directive 96/34/EC. - the pay for the last 6 weeks of leave may not be lower than the allowance referred to in Article 11(3) or, alternatively, the pay over the whole period of maternity leave may in average be equivalent to the pay calculated for the first 14 weeks of the leave, if the monthly pay calculated for these 14 weeks is equivalent to the salary of the last month or of the average of the monthly salary; - where a Member State has made provisions for a period of maternity leave of at least 18 weeks fully paid, that Member State may decide that the last 2 weeks are met through paternity leave available at national level, with the same level of pay.
Amendment 10 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall take the necessary measures to ensure that fully paid additional maternity leave is granted in the case of premature childbirth, children hospitalised at birth, children with disabilities and multiple births. The duration of the additional leave should be proportionate and allow the special needs of the mother and the child/children to be accommodatedspecific situations justified on medical grounds, such as in the case of premature childbirth, children with disabilities, mothers with disabilities, teenage mothers, multiple births or births occurring within 18 months of the previous birth. The duration of the additional maternity leave after confinement should be proportionate and allow the special needs of the mother and the child/children to be accommodated. Where national legislation and/or practice provide for maternity leave or parental leave in excess of 20 weeks this can be counted towards any additional periods of maternity leave provided for under paragraphs 3 and 4.
Amendment 81 #
Proposal for a directive – amending act
Recital 3 a (new)
Recital 3 a (new)
(3a) In accordance with the case-law of the Court of Justice of the European Union, in particular its judgment of 11 October 2007, Paquay (C-460/06), preparatory steps or preparations for dismissal include searching for and finding a replacement for the employee on the grounds of her pregnancy or the birth of a child.
Amendment 84 #
Proposal for a directive – amending act
Recital 6 a (new)
Recital 6 a (new)
(6a) The World Health Organisation recommendation of 16 April 2002 on a global strategy on infant and young child feeding states that exclusive breastfeeding during the first six months of a child's life guarantees optimum growth and development. On the basis of this recommendation, the Member States should encourage the provision of leave designed to fulfil this purpose.
Amendment 111 #
Proposal for a directive – amending act
Article 1 – point -1 b (new)
Article 1 – point -1 b (new)
Directive 92/85/EEC
Recital 14 a (new)
Recital 14 a (new)
-1b. The following recital 14 a shall be added: "Whereas for the purposes of helping workers to reconcile their professional and family rights and obligations, Member States are encouraged to consider whether, under their respective legal systems, working men might be granted a non-transferable individual right to paternity leave, without any loss of employment rights;"
Amendment 122 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to a continuous period of maternity leave of at least 18 weeks allocated before and/or after confinement. The following rules shall be taken into account when calculating these 18 weeks: - with regard to the last four weeks of the period referred to in paragraph 1, the parental leave available at national level may be considered to be maternity leave provided that it grants a level of general protection for workers within the meaning of Article 2 of this Directive that conforms to the level established in this Directive. In such cases, the period of guaranteed leave must be longer than the period of parental leave provided for in Directive 96/34/EC; - the pay for the last four weeks of leave may not be lower than the allowance referred to in Article 11(3) or, alternatively, it may be an average of the pay received in the 18 weeks of maternity leave, which shall be at least (X%) of the salary for the last month or of an average monthly salary; - where a Member States has made provision for a period of maternity leave of at least 16 weeks on full pay, that Member State may decide that the last two weeks are met through paternity leave available at national level, with the same level of pay.
Amendment 138 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall take the necessary measures to ensure that additionallonger maternity leave is granted in special cases justified on medical grounds, such as in the case of premature childbirth, children hospitalised at birth, children with disabilities and multiple births. The duration of the additional leave should be proportionate and allow the special needs of the mother and the child/children to be accommodated.