9 Amendments of Gabriele STAUNER related to 2008/0193(COD)
Amendment 15 #
Proposal for a directive – amending act
Recital 8 a (new)
Recital 8 a (new)
(8a) Maternity leave under this Directive does not conflict with Member States’ other rules on parental leave and there is no intention to circumvent these models. Maternity leave and parental leave are complementary and used in combination can promote a better balance between work and family life. It is up to the parents themselves to decide whether to return to work soon after the birth or to make use of possibilities provided by Member States such as parental leave.
Amendment 36 #
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 184 weeks allocated before and/or after confinement.
Amendment 39 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 2
Article 8 – paragraph 2
(2) The maternity leave stipulated in paragraph 1 shall include compulsory leave of at least six weeks after childbirth. The Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to choose freely the time at which the non-compulsory portion of the maternity leave is taken, before or after childbirthA pregnant woman or new mother, in consultation with her employer, shall be free to position this period of leave around the date of confinement.
Amendment 40 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 2
Article 8 – paragraph 2
(2) The maternity leave stipulated in paragraph 1 shall include compulsory leave of at least six weeks after childbirth. The Member States shall take the necessary measures to ensure that workers within the meaning of Article 2 are entitled to choose freely the time at which the non- compulsory portion of the maternity leave is taken, before or after childbirthmay extend the compulsory portion of the maternity leave under this Directive to a maximum of eight weeks after the birth and/or a maximum of six weeks before the birth, if the workers are allowed the possibility of expressly declaring themselves ready to work within this extended period, by a declaration that can be revoked at any time.
Amendment 44 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 92/85/EEC
Article 8 – paragraph 5
Article 8 – paragraph 5
(5) Member States shall ensure that any period of sick leavePeriods of absence before and after the birth due to illness orin complications arising out of pregnancy occurring four weeks or more before confinement does not impact on the duration of maternity leavennection with the pregnancy shall be added to the 14- week period.
Amendment 47 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 92/85/EEC
Article 10
Article 10
Amendment 48 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 92/85/EEC
Article 10 – paragraph 1
Article 10 – paragraph 1
(1) The Member States shall take the necessary measures to prohibit the dismissal and all preparations for a dismissal of workers within the meaning of Article 2 during the period from the beginning of their pregnancy to the end of the maternity leave provided for in Article 8(1)at least four months after childbirth, save in exceptional cases not connected with their condition which are permitted under national legislation and/or practice and, where applicable, provided that the competent authority has given its consent.
Amendment 53 #
Proposal for a directive – amending act
Article 1 – point 3 − point b
Article 1 – point 3 − point b
Directive 92/85/EEC
Article 11 – point 2 − point (c a) (new)
Article 11 – point 2 − point (c a) (new)
(ca) The Member States shall ensure that the period of maternity leave is counted as a period of employment for pension purposes and that workers do not suffer any reduction of pension rights through taking maternity leave.
Amendment 55 #
Proposal for a directive – amending act
Article 1 – point 3 − point c
Article 1 – point 3 − point c
Directive 92/85/EEC
Article 11 – point 3
Article 11 – point 3
(3) the allowance referred to in point 2(b) shall be deemed adequate if it guarantees income equivalent to the last monthly salary or an average monthly salary, subject to any ceiling laid down under national legislation. Such a ceiling mayshould not be loweress than 90% of the allowance received by workers within the meaning of Article 2 in the event of a break in activity on grounds connected with the worker's state of health. The Member States may lay down the period over which this average monthly salary is calculated.