27. 11. 84 Official Journal of the European Communities No C 316/7
Amended proposal for a Council Directive on parental leave and leave for family
reasons (')
(COM(84) 631 final)
(Submitted by the Commission to the Council pursuant to the second paragraph of Article
149 of the EEC Treaty on 15 November 1984)
(84/C 316/09)
0) OJ No C 333, 9. 12. 1983, p. 6.
ORIGINAL TEXT AMENDED TEXT
P r e a m b l e u n c h a n g e d
Whereas the Commission, in its communication to
the Council of 9 December 1981 on a new
Community Action Programme on the promotion of
equal opportunities for women 1982-1985 ('),
undertook to take action to promote parental leave
and leave for family reasons;
Article 1
For the purpose of this Directive:
Parental leave shall mean entitlement to leave of a
given duration to wage-earners, fathers, mothers,
including staff working in the public sector, conse-
quential upon the birth of a child, during the period
following the termination of maternity leave, or to
workers, as defined above, on the adoption of a child
during the period following its reception in the
adoptive parents' household, during which period of
leave the beneficiary takes responsibility for the actual
care of the child.
Whereas the Commission, in its communication to
the Council of 9 December 1981 on a new
Community Action Programme on the promotion of
equal opportunities for women 1982-1985 (*)
announced its intention of taking action to promote
parental leave and leave for family reasons;
Whereas on 11 February 1981 the European Par-
liament adopted a resolution on the situation of
women in the European Community in which it
emphasized the need for harmonization of the
Member States' laws and practices concerning
parental leave and leave for family reasons and on
9 June 1983, a resolution on family policy, in the
European Community, in which it stressed the need
for priority to be given to the development of parental
leave;
- b e c o m e fou r th and fifth r ec i t a l s
Article 1
For the purpose of this Directive:
Parental leave shall mean entitlement to leave of a
given duration for wage-earners including staff
working in the public sector, consequential upon the
birth of a child, during the period following, but not
necessarily consecutive with maternity leave, or upon
the reception of a child into the household of parents
proposing to adopt the child concerned, or upon
adoption, on condition that during the period of
parental leave the beneficiary takes responsibility for
the actual care of the child.
Second rec i t a l u n c h a n g e d
T h i r d and four th r ec i t a l s u n c h a n g e d
O COM(81) 758 final. (') COM(81) 758 final.
No C 316/8 Official Journal of the European Communities 27.11.84
ORIGINAL TEXT AMENDED TEXT
Under these conditions parental leave shall be granted
to:
— fathers and mothers
— adoptive fathers and mothers
— step fathers and mothers
— any person acting in the place of such persons in
circumstances such as the serious illness or death
of the latter.
Leave for family reasons shall mean entitlement to
short periods of leave granted for pressing family
reasons to workers with family responsibilities.
Leave for family reasons shall mean entitlement to
limited periods of leave granted for pressing and
important family reasons to workers as defined above
with family responsibilities.
Ar t ic le 2 u n c h a n g e d
Ar t i c le 3 u n c h a n g e d
Article 4
1. Parental leave shall be granted to enable a
working parent to stay at home in order to take sole
or principal charge of his or her child.
Article 4
1. Parental leave shall be granted to enable any
person entitled under Article 1, to stay at home to
look after the child concerned.
2. Parental leave shall be granted for the
beneficiary to take sole or principal charge of a child.
Parental leave shall not be granted simultaneously in
respect of one child to both parents, or other persons
referred to in Article 1.
2. Parental leave shall constitute a right and not an
obligation. It shall be granted to a working parent on
request subject to the following provisions:
— the workers shall give adequate notice of their
intention to take parental leave
— the workers shall give adequate notice of their
intention to return to work after parental leave
— in no case shall the period of notice required
exceed two months.
3. Parental leave shall consitute a right and not an
obligation. It shall be granted to a working parent on
request subject to the following provisions:
— the workers shall give adequate notice of their
intention to take parental leave
— the workers shall give adequate notice of their
intention to return to work after parental leave
— in no case shall the period of notice required
exceed two months.
3. The period of parental leave to which workers
are entitled shall be at least three months.
4. The period of parental leave to which workers
are entitled shall be at least three months after each
birth or adoption.
4. The duration of parental leave may be extended
for the single parent in the case of one-parent families
or for both parents where the child is handicapped
and lives at home.
5. The duration of parental leave may be extended
in the case of single-parent families or in the case of a
disabled child living at home.
27.11.84 Official Journal of the European Communities No C 316/9
ORIGINAL TEXT AMENDED TEXT
5. Entitlement to parental leave shall cease when
the child reaches the age of two years, or five years in
the case of a handicapped child living in the
household of the entitled parent, or of an adopted
child.
6. A worker's right to parental leave shall not be
transferable.
6. Entitlement to parental leave shall cease when
the child reaches the age of two years, except that:
— in the case of the adoption of a child under the
age of five years, it shall cease, two years after the
adoption, and
— in the case of a disabled child living in the
household of the entitled parent or other persons
referred to in Article 1, it shall cease when the
child reaches the age of five years.
7. A worker's right to parental leave shall not be
transferable.
Ar t i c l e 5 u n c h a n g e d
Ar t i c le 6 u n c h a n g e d
Ar t i c le 7 u n c h a n g e d
Ar t i c l e 8 (1) and (2) u n c h a n g e d
3. The duration of this leave as provided for in
paragraph 1 may be extended where:
— the beneficiary is head of a single-parent family;
— the beneficiary concerned has three or more
children living at home, under an age limit to be
determined.
3. The duration of the leave as provided for in
paragraph 1 may be extended where:
— the beneficiary is head of a single-parent family;
— the beneficiary concerned has three or more
children living at home, under an age limit to be
determined by the Member State concerned;
— the beneficiary is responsible for the care of a
disabled person living in the same household.
Ar t i c l e 9 u n c h a n g e d
Ar t i c le 10 u n c h a n g e d
Ar t i c le 11 u n c h a n g e d
Ar t i c l e 12 u n c h a n g e d
Ar t i c l e 13 u n c h a n g e d
Ar t i c l e 14 u n c h a n g e d
Full & Egal Universal Law Academy