The proposals were already known (see EUROPE 12032), but were put in writing in compromise amendments shortly before the vote at he European Parliament’s employment and social affairs committee (EMPL) on 11 July. Going by the compromise amendments prepared by the rapporteur on this text in Parliament, David Casa (EPP, Malta) seen by this newsletter on Friday 6 July, MEPs are preparing to setting parental leave at 80% of gross salary.
The MEPs propose a strengthening of the European Commission’ proposal, which foresees remuneration during leave equivalent to national sick pay, and agree to settle pay in line with a worker’s gross salary: 80% of gross salary for paternity leave; 78% of gross salary for parental leave and carers’ leave. The member states have agreed to foresee ‘suitable’ remuneration in order to leave the greatest flexibility depending on national systems (see EUROPE 12046).
In the compromise amendments, the MEPs have laid down the European Commission’s proposal for a four-month period , not-transferable from the father to the mother. The member states set the non-transferable period as two months, including a rewarded period of a month and a half.
Parents can take parental leave up until the child’s tenth year, as opposed to 12 years in the European Commission’s proposal. The MEPs also propose that extensions should be foreseen for single-parent families. They also set 10 years for the option of asking for changing in work arrangements. The member states, however, have dropped any mention of a specific age in order to leave the greatest room for manoeuvre.
For parental leave, the MEPs have introduced are degree of flexibility for SMEs and microenterprises and set the maximum period of work that the member states may lay down before a worker can request leave at 6 months.
Definitions
The MEPs have fine-tuned the definitions, noting systematically that leave is paid, and to take account of homosexual couples. Hence the father or ‘second parent’ may request paternal leave of at least 10 days. They also propose that this leave may be taken before or after the birth of the child (rather than at birth, as stated in the Commission’s proposal), and also for adoption. The MEPs foresee that leave may be requested for still births.
The same applies for carers’ leave, with MEPs extending the scope of application to family of to up the second degree, (and also to 'foster children'), people in trust, porters in civil law arrangements, when recognised in national law.
Safeguards
The MEPs have added safeguards to ensure that the directive, which sets minimum standards at European level, cannot be cited by a national government to cut benefits for citizens of their country. They add that in addition to national law, the directive must not be used to oppose collective bargaining. (Original version in French by Pascal Hansens)