45 Amendments of Rosa ESTARÀS FERRAGUT related to 2017/0085(COD)
Amendment 31 #
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 States 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 66 #
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 twelveeight 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. 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 82 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) With a view to sharing family responsibilities more fairly between men and women, progress must be made towards ensuring parental leave is realistic, financially sustainable and, above all, also taken by men. To that end, leave must be non-transferable and more focused on proving a high level of income rather than a particularly long duration of paid leave, thus avoiding any possible indirect discrimination against women.
Amendment 82 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to all workers, both men and women, who have an employment contract or employment relationship as defined by the law, collective agreements or practice in force in each Member State.
Amendment 89 #
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) "dependency" "dependency" means a situation in which a person is, temporarily or permanently, in need of care due to disability or a serious medical condition other than serious illnessdependent on healthcare ;
Amendment 101 #
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 aeight lyeast twelvers old.
Amendment 104 #
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
The length of parental leave shall be extendible for parents looking after a child with a disability or serious illness.
Amendment 124 #
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6a Leave for mothers and fathers with a disability The Member States shall guarantee that the length of the types of leave described in this Directive is extendible by at least 50% for mothers and fathers with a disability.
Amendment 130 #
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 leave80% of their salary.
Amendment 131 #
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, in order to encourage the second parent to take parental leave, this Directive, while maintaining the right of each parent to at least four month16 weeks of parental leave currently provided for by Directive 2010/18/EU, extends from one to four monthfour to 16 weeks the period of parental leave which cannot be transferred from one parent to the other.
Amendment 133 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1 (new)
Article 8 – paragraph 1 – subparagraph 1 (new)
The Member States may establish a pay or allowance ceiling in accordance with their national legislation.
Amendment 137 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be aeight lyeast twelvers old, and carers, have the right to request flexible working arrangements for caring purposes. The duration of such flexible working arrangements may be subject to a reasonable limitation.
Amendment 144 #
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. 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 149 #
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 twelveeight 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. 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 157 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Without prejudice to the powers of the labour inspection services or other bodies, including social services, responsible for monitoring workers' rights, Member States shall ensure that the body or bodies designated, pursuant to Article 20 of Directive 2006/54/EC, for the promotion, analysis, monitoring and support of equal treatment of parents and carers without discrimination on grounds of sex are also competent for issues falling within the scope of this Directive.
Amendment 162 #
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
Article 8 of this Directive shall not apply to any period of parental leave taken pursuant to Directive 2010/18/EU prior to … [OJ: please insert the date equivalent to two years from the entry into force of this Directive] and which has been deducted from the total parental leave entitlement under Article 5 of this Directive, as specified in paragraph 1 of this Article.
Amendment 163 #
Proposal for a directive
Article 19 – paragraph 1 b (new)
Article 19 – paragraph 1 b (new)
Notwithstanding the repeal of Directive 2010/18/EU, any period or separate cumulative periods of parental leave taken by a worker, or transferred by that worker pursuant to that Directive prior to … [OJ: please insert the date equivalent to two years from the entry into force of this Directive] may be deducted from that worker’s parental leave entitlement under Article 5 of the present Directive.
Amendment 165 #
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive, at the latest twofour years after the entry into force. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 169 #
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 in need of care or support due to a serious medical reason or chronic illness, disability or mental health problem 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 dependency may be required prior to granting of the leave.need of care or support may be required by the employer
Amendment 185 #
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 sickch does not have to be directly related to the duration of the leave. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 260 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) With a view to ensuring that this Directive enters into force smoothly and without major financial impact in the individual Member States, the provisions on the unpaid part of parental leave must be phased in gradually.
Amendment 318 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) "“carer"” means a worker providing personal carassistance or support in case of a serious illness or dependency of a relative;to a person with support needs due to a disability, a mental health problem or a health condition.
Amendment 338 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) “"relative" means a worker's son, daughter, mother, father, spouserelatives up to the second degree of consanguinity or affinity or partner in civil partnership, where such partnerships are envisaged by national law;
Amendment 346 #
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 353 #
Proposal for a directive
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
Amendment 362 #
Proposal for a directive
Article 3 – paragraph 1 - point g a (new)
Article 3 – paragraph 1 - point g a (new)
(ga) "carer’s leave” means leave from work for carers in order to provide personal assistance or support to a relative with support needs due to a disability, a mental health problem or a health condition;
Amendment 371 #
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 mandatory paternity leave of at least ten working days on the occasion of the birth, stillbirth or adoption of a child.
Amendment 392 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Member States shall assess the need for arrangements needed to make sure the application of paternity leave is adapted to the needs of adoptive parents, disabled parents, parents with mental health problems, parents with children with a disability or with a mental health problem.
Amendment 400 #
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 month16 weeks to be taken before the child reaches a given age which shall be aeight lyeast twelvers old.
Amendment 418 #
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 four month16 weeks of parental leave cannot be transferred.
Amendment 460 #
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 464 #
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 for the application of parental leave to be adapted to the needs of adoptive parents, parents having a disability and parents with children with a disability or serious and/or long-term illness.
Amendment 487 #
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 conditionsupport needs of the worker'’s relative.
Amendment 502 #
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 507 #
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.) for parental leave as referred to in Article 4, a payment or allowance equivalent to 80% of the worker's gross wage; b) for parental leave as referred to in Article 5, a payment or allowance equivalent to 80% of the worker's gross wage in the first eight weeks of the leave; c) for carer’s leave as referred to in Article 6, a payment or allowance equivalent to 80% of the worker's gross wage;
Amendment 540 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be aeight lyeast twelvers old, and carers, have the right to request flexible working arrangements for caring purposes. The duration of such flexible working arrangements may be subject to a reasonable limitation.
Amendment 568 #
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. Member States shall assess the need for arrangements needed to make sure the application of flexible working time is adapted to the needs of adoptive parents, disabled parents, parents with mental health problems, parents of children with a disability, a long-term illness or mental health problems
Amendment 578 #
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 580 #
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 586 #
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 593 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall take the necessary measures to prohibit less favourable treatmentthe 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, or on the ground that they have exercised their right to flexible working arrangements referred to in Article 9 and 5.
Amendment 607 #
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, or have exercised the right to request flexible working arrangements referred to in Article 95.
Amendment 615 #
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 or of exercising the right to request flexible working arrangements referred to in Article 95 may request the employer to provide duly substantiated grounds for the dismissal. The employer shall provide those grounds in writing.
Amendment 639 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States may introduce or maintain provisions that are more favourable to workers than those laid down in this Directive. They shall however ensure that at least four month16 weeks of parental leave remain non-transferable in accordance with Article 5(2).
Amendment 677 #
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive, at the latest two years after the entry into force apart from the four paid weeks of parental leave referred to in Article 8(1)(b) which shall come into force four years after publication of this Directive. They shall forthwith communicate to the Commission the text of those provisions.