II. The Proposal For A Directive Of The European Parliament And Of The Council On Work-life Balance For Parents And Carers And Repealing Council Directive 2010/18/EU
The Proposal for a Directive of the European Parliament and of the Council on work-life…
The introduction of paternity leave: There is currently no paternity leave regulated at EU level. ‘Paternity leave’ means leave from work for fathers to be taken on the occasion of the birth of a child (Art. 3/a). The Proposal introduces the right for fathers to take paternity leave on the occasion of the birth of their child. Member States are to take the necessary measures to ensure that fathers have the right to take paternity leave of at least ten working days on the occasion of the birth of a child (Art. 4). Paternity leave shall be granted irrespective of marital or family status as defined in national law. This is important to avoid any discrimination between married and unmarried couples and between heterosexual and homosexual couples.…
The introduction of carers’ leave: ‘Carer’ means a worker providing personal care or support in case of a serious illness or dependency of a relative (Art. 3/c). ‘Relative’ means a worker’s son, daughter, mother, father, spouse or partner in civil partnership, where such partnerships are envisaged by national law (Art. 3/d). ‘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 illness (Art. 3/e). There is currently no carers’ leave regulated at EU level. According to the Proposal, Member States have to 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 condition of the worker’s relative (Art. 6). The rationale behind the introduction of this right is that improving the possibilities for workers to take a short period of time off to care for a relative can help to improve their work-life balance and, at the same time, avoid them dropping out of the labour market entirely.Improving parental leave: ‘Parental leave’ means leave from work on the grounds…
Extension of the right to request flexible working arrangements: ‘Flexible working arrangements’ means the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours (Art. 3/f). The Parental Leave Directive already provides for the possibility to ask for two types of flexible working arrangements (working patterns and working hours) for parents returning from parental leave. The Proposal extends these two existing forms to a third form of flexible
Employment rights: The Parental Leave Directive already provides for employment…
Protection against discrimination: The Parental Leave Directive already provides protection for workers against discrimination with regard to parental leave and puts the burden of proof on the employer in case of breach of the equal treatment principle. The Proposal builds on the provisions of the Parental Leave Directive and extends them to the newly introduced rights, paternity leave, carers’ leave, and flexible working arrangements (Art. 11): Member States shall take the necessary measures to prohibit less favourable treatment of workers having applied for, or have used parental leave, carers’ leave, paternity leave, or flexible working arrangements. Protection from dismissal and burden of proof: The Parental Leave Directive…
In addition to these legislative measures, complementing non-legislative measures…