### comparisons of data on the basis of a latent fingerprint , which is the dactyloscopic trace which may be found at a crime scene , is fundamental in the field of police cooperation . the possibility to compare a latent fingerprint with the fingerprint data which is stored in the ees in cases where there are reasonable grounds for believing that the perpetrator or victim may be registered in the ees should provide the law enforcement authorities of the member states with a very valuable tool in preventing , detecting or investigating terrorist offences or other serious criminal offences , when for example the only evidence at a crime scene are latent fingerprints . ### comparisons of data on the basis of a latent fingerprint , which is the dactyloscopic trace which may be found at a crime scene , is fundamental in the field of police cooperation . the possibility to compare a latent fingerprint with the fingerprint data which is stored in the ees in cases where there are reasonable grounds for believing that the perpetrator or victim may be registered in the ees is necessary for the law enforcement authorities of the member states to prevent , detect or investigate terrorist offences or other serious criminal offences , when for example the only evidence at a crime scene are latent fingerprints .


### the commission has adopted a decision on the adequate protection of personal data in that third country in accordance with article 25 of directive 95 / 46 / ec , or a readmission agreement is in force between the community and that third country , or article 26 of directive 95 / 46 / ec applies ; ### the commission has adopted a decision on the adequate protection of personal data in that third country in accordance with article 45 of regulation 2016 / 679 , or a readmission agreement is in force between the union and that third country , or article 49 and of regulation 2016 / 679 applies ;


### in order to create the individual file of a visa holding third country national the data provided for in paragraph 1 , and may be retrieved and imported directly from the vis by the border authority in accordance with article 18a of regulation no 767 / 2008 . ### in order to create or update the entry / exit record on the individual file of a third country national subject to a visa requirement to cross the external borders the data provided for in paragraph 1 , and may be retrieved and imported directly from the vis by the border authority in accordance with article 18a of regulation no 767 / 2008 .


### if the member state responsible or , where applicable , the member state to which the request has been made does not agree that data recorded in the ees are factually inaccurate or have been recorded unlawfully , that member state shall adopt an administrative decision explaining in writing to the person concerned without delay why it is not prepared to correct or delete data relating to him . ### if the member state responsible or , where applicable , the member state to which the request has been made does not agree that data recorded in the ees are factually inaccurate , incomplete or have been recorded unlawfully , that member state shall adopt an administrative decision explaining in writing to the data subject without delay why it is not prepared to rectify , complete or erase the personal data relating to him or her or restrict the processing of such data .


### any other decision taken by the competent authorities of the member state , in accordance with national legislation , resulting in the removal or departure of the third country national who does not fulfil or no longer fulfils the conditions for the entry into or for the stay in the territory of the member states . ### any other decision taken by the competent authorities of the member state , in accordance with national legislation , resulting in the removal or voluntary departure of the third country national who does not fulfil or no longer fulfils the conditions for the entry into or for the stay in the territory of the member states .


### a national uniform interface in each member state based on common technical specifications and identical for all member states enabling the connection of the central system to the national border infrastructures in member states ; ### a national uniform interface in each member state based on common technical specifications and identical for all member states enabling the connection of the central system to the national border infrastructures in member states ; member states ' national border infrastructures include the schengen information system , interpol’s sltd and europol databases and the national databases of law enforcement authorities ;


### carriers may use the secure internet access to the web service referred to in paragraph 1 to verify whether or not third country nationals holding a single or double entry visa have already used the visa . the carrier shall provide the data listed in article 14 . the web service shall on that basis provide the carriers with an ok / not ok answer . carriers may store the information sent and the answer received . ### carriers may use the secure internet access to the web service referred to in paragraph 1 to verify whether or not third country nationals holding a single or double entry visa have already used the visa . the carrier shall provide the data listed in article 14 . the web service shall on that basis provide the carriers with an ok / not ok answer . carriers may store the information sent and the answer received . carriers shall establish an authentication scheme to ensure that only authorised staff may access the web service .


### difficulties have also been experienced in applying the rules on posting of workers specified in directive 96 / 71 / ec of the european parliament and of the council15 and the rules on the administrative requirements laid down in directive 2014 / 67 / eu of the european parliament and of the council16 to the highly mobile road transport sector . the uncoordinated national measures on the application and enforcement of the provisions on posting of workers in the road transport sector have generated high administrative burdens for non - resident union operators . this created undue restrictions to the freedom to provide cross - border road transport services having negative side - effects on jobs . __________________ 15 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services 16 directive 2014 / 67 / eu of the european parliament and of the council of 15 may 2014 on the enforcement of directive 96 / 71 / ec concerning the posting of workers in the framework of the provision of services and amending regulation no 1024 / 2012 on administrative cooperation through the internal market information system . ### difficulties have also been experienced in applying the rules on posting of workers specified in directive 96 / 71 / ec of the european parliament and of the council15 and the rules on the administrative requirements laid down in directive 2014 / 67 / eu of the european parliament and of the council16 to the highly mobile road transport sector . the uncoordinated national measures on the application and enforcement of the provisions on posting of workers in the road transport sector have generated high administrative burdens for union operators , and have created unfairness in inter - company competition in the sector . __________________ 15 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services 16 directive 2014 / 67 / eu of the european parliament and of the council of 15 may 2014 on the enforcement of directive 96 / 71 / ec concerning the posting of workers in the framework of the provision of services and amending regulation no 1024 / 2012 on administrative cooperation through the internal market information system .


### member states shall not apply points and of the first subparagraph of article 3 of directive 96 / 71 / ec to drivers in the road transport sector employed by undertakings referred to in article 1 of that directive , when performing international carriage operations as defined by regulations 1072 / 2009 and 1073 / 2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar month . ### member states shall not apply points and of the first subparagraph of article 3 of directive 96 / 71 / ec or directive 2014 / 67 / eu to international carriage and transit operations as defined by regulations 1072 / 2009 and 1073 / 2009 .


### these checks shall cover each year a large and representative cross - section of mobile workers , drivers , undertakings and vehicles falling within the scope of regulations no 561 / 2006 and no 165 / 2014 and of mobile workers and drivers falling withing the scope of directive 2002 / 15 / ec . ; ### these checks shall cover each year a large and representative cross - section of mobile workers , drivers , undertakings and vehicles falling within the scope of regulations no 561 / 2006 and no 165 / 2014 and in case of checks at the premises of mobile workers and drivers falling within the scope of directive 2002 / 15 / ec ;


### in order to ensure effective and efficient enforcement of the sector - specific rules on posting of workers and to avoid disproportionate administrative burdens for non - resident operators sector , specific administrative and control requirements should be established in the road transport sector , taking full advantage of control tools such as the digital tachograph . ### in order to ensure effective and efficient enforcement of the sector - specific rules on posting of workers and to avoid disproportionate administrative burdens for non - resident operators sector , standardised forms should be developed by the commission and flexible specific administrative and control requirements should be established in the road transport sector , taking full advantage of control tools such as the smart tachograph .


### the balance between enhancing social and working conditions for drivers and facilitating the exercise of the freedom to provide road transport services based on fair competition between national and foreign operators is crucial for the smooth functioning of the internal market . ### the balance between ensuring the exercise of the freedom to provide road transport services based on non - discriminatory competition between national and foreign operators as enshrined in the treaty and social and working conditions for drivers are crucial for the smooth functioning of the internal market .


### in order to ensure the effective and proportionate implementation of directive 96 / 71 / ec in the road transport sector , it is necessary to establish sector - specific rules reflecting the particularity of the highly mobile workforce in the road transport sector and providing a balance between the social protection of drivers and the freedom to provide cross - border services for operators . ### in order to ensure the effective and proportionate implementation of directive 96 / 71 / ec in the road transport sector , it is necessary to establish sector - specific rules reflecting the particularity of the highly mobile workforce in the road transport sector and providing a balance between the social protection of drivers and the freedom to provide cross - border services for operators . until the rules in question become applicable , the existing directives 96 / 71 / ec and 2014 / 67 / eu will continue to apply to road transport .


### member states shall not apply points and of the first subparagraph of article 3 of directive 96 / 71 / ec to drivers in the road transport sector employed by undertakings referred to in article 1 of that directive , when performing international carriage operations as defined by regulations 1072 / 2009 and 1073 / 2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar month . ### member states shall not apply directive 96 / 71 / ec or directive 2014 / 67 / eu to transit and international transport operations as defined by regulations 1072 / 2009 and 1073 / 2009 ;


### in order to ensure effective and efficient enforcement of the sector - specific rules on posting of workers and to avoid disproportionate administrative burdens for non - resident operators sector , specific administrative and control requirements should be established in the road transport sector , taking full advantage of control tools such as the digital tachograph . ### in order to ensure effective and efficient enforcement of the sector - specific rules on posting of workers and to avoid disproportionate administrative burdens for non - resident operators sector , specific administrative and control requirements should be established in the road transport sector , taking full advantage of control tools such as the digital tachograph . there is a need for more targeted and effective controls therefore there should be a clear distinction between the road controls and controls at the premises . this will also allow to multiply the number of controls and at the same time reduce administrative burdens .


### these checks shall cover each year a large and representative cross - section of mobile workers , drivers , undertakings and vehicles falling within the scope of regulations no 561 / 2006 and no 165 / 2014 and of mobile workers and drivers falling withing the scope of directive 2002 / 15 / ec . ; ### these checks shall cover each year a large and representative cross - section of mobile workers , drivers , undertakings and vehicles falling , where relevant , within the scope of regulations no 561 / 2006 and no 165 / 2014 and of mobile workers and drivers falling within the scope of directive 2002 / 15 / ec ' ;


### member states shall not apply points and of the first subparagraph of article 3 of directive 96 / 71 / ec to drivers in the road transport sector employed by undertakings referred to in article 1 of that directive , when performing international carriage operations as defined by regulations 1072 / 2009 and 1073 / 2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar month . ### member states shall apply directive 96 / 71 / ec to drivers in the road transport sector employed by undertakings referred to in article 1 of that directive , when performing international carriage or cabotage operations as defined by regulations 1072 / 2009 and 1073 / 2009 .


### an obligation for the road transport operator established in another member state to send a posting declaration to the national competent authorities at the latest at the commencement of the posting , in electronic form , in an official language of the host member state or in english , containing only the following information : ### an obligation for the road transport operator established in another member state to send via a dedicated public interface of the imi system a standardized , electronic simple declaration to the national competent authorities at the latest at the commencement of the posting containing only the following information :


### in order to ensure effective and efficient enforcement of the sector - specific rules on posting of workers and to avoid disproportionate administrative burdens for non - resident operators sector , specific administrative and control requirements should be established in the road transport sector , taking full advantage of control tools such as the digital tachograph . ### in order to ensure effective and efficient enforcement of the sector - specific rules on posting of workers and to avoid disproportionate administrative burdens for non - resident operators sector , specific administrative and control requirements should be established in the road transport sector . introducing the smart tachograph across the board as soon as possible is a prerequisite for effective and efficient monitoring of compliance with the rules on posting of drivers for international transport and cabotage operations .


### member states shall adopt and publish , by [ … ] [ the time limit for transposition will be as short as possible and , generally , will not exceed two years ] at the latest , the laws , regulations and administrative provisions necessary to comply with this directive . they shall forthwith communicate to the commission the text of those provisions . ### member states shall adopt and publish , by three years from the entry into force of this directive , the laws , regulations and administrative provisions necessary to comply with this directive . they shall forthwith communicate to the commission the text of those provisions .


### checks at premises shall be planned in the light of past experience in relation to the various types of transport and undertakings . they shall also be carried out if serious infringements of regulation no 561 / 2006 or no 165 / 2014 or directive 2002 / 15 / ec have been detected at the roadside . ; ### checks at premises shall be planned in the light of past experience in relation to the various types of transport and undertakings . checks of conformity with directive 2002 / 15 / ec shall be done solely at the premises . they shall also be carried out if serious infringements of regulation no 561 / 2006 or no 165 / 2014 .


### an obligation for the road transport operator to deliver , after the period of posting , in paper or electronic form , copies of documents referred to in points , and , at the request of the authorities of the host member state within a reasonable period of time ; ### an obligation for the road transport operator to deliver , after the period of posting , in paper or electronic form , copies of documents referred to in points and at the request of the authorities of the host member state within a reasonable period of time ;


### adequate , effective and consistent enforcement of the working time provisions is crucial for protecting the working conditions of drivers and preventing the distortions of competition resulting from non - compliance . therefore it is desirable to extend the existing uniform enforcement requirements set out in directive 2006 / 22 / ec to controlling compliance with the working time provisions set out in directive 2002 / 15 / eu . ### adequate , effective and consistent enforcement of the working time provisions is crucial for protecting the working conditions of drivers and preventing the distortions of competition resulting from non - compliance . therefore it is desirable to extend the existing uniform enforcement requirements set out in directive 2006 / 22 / ec to controlling compliance with the working time provisions set out in directive 2002 / 15 / eu . however , due to its specificities , compliance with directive 2002 / 15 / eu can only be controlled at the premises and not during the roadside checks .


### this article establishes specific rules as regards certain aspects of directive 96 / 71 / ec relating to the posting of drivers in the road transport sector and of directive 2014 / 67 / eu of the european parliament and of the council relating to administrative requirements and control measures for the posting of those drivers . ### this article establishes specific rules as regards certain aspects of directive 96 / 71 / ec relating to the posting of drivers within cabotage operations of the road transport sector and of directive 2014 / 67 / eu of the european parliament and of the council relating to administrative requirements and control measures for the posting of those drivers . transit and international transport operations shall not be subject to posting workers rules .


### these checks shall cover each year a large and representative cross - section of mobile workers , drivers , undertakings and vehicles falling within the scope of regulations no 561 / 2006 and no 165 / 2014 and of mobile workers and drivers falling withing the scope of directive 2002 / 15 / ec . ; ### these checks shall cover each year a large and representative cross - section of mobile workers , drivers , undertakings and vehicles falling , where relevant and justified , within the scope of regulations no 561 / 2006 and no 165 / 2014 and of mobile workers and drivers falling within the scope of directive 2002 / 15 / ec ;


### in order to create a safe , efficient and socially responsible road transport sector it is necessary to ensure adequate working conditions and social protection for drivers , on the one hand , and suitable business and fair competition conditions for operators , on the other . ### in order to create a safe , efficient and socially responsible road transport sector it is necessary to ensure a balance between free movement of services , adequate working conditions and social protection for drivers , on the one hand , to provide a suitable business and competitive environment for operators , on the other , while respecting the fundamental freedoms , the freedom of movement of services in particular , guaranteed by the treaties .


### the anticipated duration , envisaged beginning and end date of the posting ; ### envisaged beginning and end date of the posting ;


### member states shall adopt and publish , by [ … ] [ the time limit for transposition will be as short as possible and , generally , will not exceed two years ] at the latest , the laws , regulations and administrative provisions necessary to comply with this directive . they shall forthwith communicate to the commission the text of those provisions . ### member states shall adopt and publish the laws , regulations and administrative provisions necessary to comply with this directive in the same time frame as that set out under article 2 of the legislative act amending directive 96 / 71 / ec . they shall forthwith communicate to the commission the text of those provisions .


### checks at premises shall be planned in the light of past experience in relation to the various types of transport and undertakings . they shall also be carried out if serious infringements of regulation no 561 / 2006 or no 165 / 2014 or directive 2002 / 15 / ec have been detected at the roadside . ; ### checks at premises shall be planned in the light of past experience in relation to the various types of transport and undertakings . checks of conformity with directive 2002 / 15 / ec shall be done solely at premises . they shall also be carried out if serious infringements of regulation no 561 / 2006 or no 165 / 2014 have been detected at the roadside . ;


### awareness raising , dissemination of information to improve the knowledge of the policies and rights in the areas covered by the programme ; ### awareness raising , dissemination of information to improve the knowledge of the citizens of their rights and responsibilities as europeans , as well as ways to protect and exercise these rights , no matter where they live ;


### the committee may meet in specific configurations to deal with the individual strands of the programme . ### the committee may meet in specific configurations to deal with the individual strands of the programme . where appropriate , in accordance with its rules of procedure , external experts , including representatives of the social partners , civil society organisations and representatives of beneficiaries shall be regularly invited to participate in its meetings as observers .


### the general objective of the programme is to protect and promote rights and values as enshrined in the eu treaties , including by supporting civil society organisations , in order to sustain open , democratic and inclusive societies . ### the general objective of the programme is to protect and promote rights and values as enshrined in the eu treaties , including by supporting and building the capacity of civil society organisations at local , national and transnational levels in order to sustain open , democratic and inclusive societies .


### any legal entity created under union law or any international organisation ; ### any non - profit legal entity created under union law or any international organisation ;


### increasing citizens ' understanding of the union , its history , cultural heritage and diversity ; ### increasing citizens ' , in particular young people ' s , understanding of the union , its history , cultures , cultural heritage and diversity ;


### in order to bring the european union closer to its citizens , a variety of actions and coordinated efforts are necessary . bringing together citizens in town - twinning projects or networks of towns and supporting civil society organisations in the areas covered by the programme will contribute to increase citizens ' engagement in society and ultimately their involvement in the democratic life of the union . at the same time supporting activities promoting mutual understanding , diversity , dialogue and respect for others fosters a sense of belonging and a european identity , based on a shared understanding of european values , culture , history and heritage . the promotion of a greater sense of belonging to the union and of union values is particularly important amongst citizens of the eu outermost regions due to their remoteness and distance from continental europe . ### in order to bring the european union closer to its citizens , a variety of actions and coordinated efforts are necessary . bringing together citizens in town - twinning projects or networks of towns and supporting civil society organisations in the areas covered by the programme will contribute to increase citizens ' engagement in society and ultimately their involvement in the democratic life of the union . at the same time supporting activities promoting mutual understanding , diversity , multilingualism , dialogue and respect for others fosters a sense of belonging to the union and common citizenship under a european identity , based on a shared understanding of european values , culture , history and heritage . the promotion of a greater sense of belonging to the union and of union values is particularly important amongst citizens of the eu outermost regions due to their remoteness and distance from continental europe .


### ' paternity leave ' means leave from work for fathers to be taken on the occasion of the birth of a child ; ### ' paternity leave ' means paid leave from work for fathers or an equivalent second parent as defined in national law on the grounds of the birth or adoption of a child , to be taken around the occasion of the birth or adoption of a child within duration limits of the maternity leave ;


### this directive applies to all workers , men and women , who have an employment contract or employment relationship . ### this directive applies to all workers who have an employment contract or employment relationship as defined by law , collective agreement and / or practices in force in each member state , in accordance with the criteria for determining the status of a worker as established by the case law of the court of justice of the european union .


### 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 situations . ### 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 eight years old . member states should be able to specify taking into account in particular the constraints of micro , small and medium - sized businesses , a reasonable 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 order to deter potential abuse , the member states should be able to introduce a requirement of a minimum period of service before the worker is entitled to benefit from that right , with a maximum duration of one year . 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 , in particular with regard to children with disabilities , serious medical conditions or illness , in accordance with their national law and practice .


### the burden of proof that there has been no dismissal on the grounds that workers 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 9 should fall on the employer when workers establish , before a court or other competent authority , facts from which it may be presumed that they have been dismissed on such grounds . ### the burden of proof that there has been no dismissal on the grounds that workers have applied for , or have taken , leave referred to in article 4 , 5 or 6 should fall on the employer when workers establish , before a court or other competent authority , facts from which it may be presumed that they have been dismissed on such grounds .


### employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request . ### employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request in writing .


### 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 situations . ### 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 a reasonable period of notice to be given by the worker to the employer when applying for parental leave . 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 in writing . 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 needs of parents in specific 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 .


### 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 . ### 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 the following payment or adequate allowance : for the minimum period of paternity leave as referred to in article 4 , a payment or adequate allowance at least equivalent to what the worker concerned would receive in case of sick leave b ) for the minimum period of parental leave as referred to in article 5 and carers´ leave as referred to in article 6 , a payment or allowance which shall represent at least 60% of the worker´s gross wage .


### this directive should avoid imposing administrative , financial and legal constraints in a way which would hold back the creation and development of small and medium - sized undertakings . member states are therefore invited to assess the impact of their transposition act on smes in order to make sure that smes are not disproportionately affected , with specific attention for micro - enterprises and for administrative burden . ### in implementing this directive , member states should avoid imposing administrative , financial and legal constraints in a way which would hold back the creation and development of micro , small and medium - sized undertakings . member states are therefore invited to assess the impact of their transposition act on smes in order to make sure that smes are not disproportionately affected , with specific attention for micro - enterprises and for administrative burden , particularly concerning the impact of arrangements for parental leave and patterns of flexible work on the work organisation , and to publish the results of such assessments .


### this directive should avoid imposing administrative , financial and legal constraints in a way which would hold back the creation and development of small and medium - sized undertakings . member states are therefore invited to assess the impact of their transposition act on smes in order to make sure that smes are not disproportionately affected , with specific attention for micro - enterprises and for administrative burden . ### in implementing this directive member states should avoid imposing unjustified administrative , financial and legal constraints in a way which would hold back the creation and development of micro , small and medium - sized undertakings . member states are therefore invited to regularly assess the impact of their transposition act on smes in order to make sure that smes are not disproportionately affected , with specific attention for micro - enterprises and for administrative burden , particularly concerning the impact of arrangements for parental leave and patterns of flexible work on the work organisation , and to publish the results of such assessments .


### in order to encourage working parents and carers to remain in the work force , those workers should be able to adapt their working schedules to their personal needs and preferences . working parents and carers should therefore be able to request flexible working arrangements , meaning 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 , for caring purposes . in order to address the needs of workers and employers , it should be possible for member states to limit the duration of flexible working arrangements , including a reduction in working hours . while working part - time has been shown to be useful in allowing some women to remain in the labour market after having children , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer , specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires . ### in order to encourage working parents and carers to remain in the work force , those workers should be able to adapt their working schedules to their personal needs and preferences . working parents and carers should therefore be able to request flexible working arrangements , meaning 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 , for caring purposes . in order to address the needs of workers and employers , it should be possible for member states to limit the duration of flexible working arrangements , including a reduction in working hours . while working part - time has been shown to be useful in allowing some women to remain in the labour market after having children or taking care of other dependants with a chronic care need , long periods of reduced working hours may lead to lower social security contributions translating into reduced or non - existing pension entitlements . in the case of many carers , this can lead to financial hardship , due to loss of direct as well as of future income , while the provision of informal care is ultimately a sizeable contribution to society as well as to tight health and social budgets . the ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer , taking into account the difficulties that flexible working arrangements may cause to msmes . specific circumstances underlying the need for flexible working arrangements can change . workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period , but should also be able to request to do so at any time where a change in the underlying circumstances so requires .


### 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 . ### 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 as follows : for paternity leave as referred to in article 4 , a payment or allowance of at least equivalent to sick pay level whilst ensuring the principle of equality between women and men is respected ; for parental leave as referred to in article 5 , a payment or allowance , at a minimum level to be set by member states , of at least equivalent to 45 % of the national average gross annual salary . for carers ' leave as referred to in article 6 , a payment or allowance of at least equivalent to sick pay level whilst ensuring the principle of equality between women and men is respected ;


### employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request . ### employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify in writing any refusal of such a request .


### 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 sick leave . member states should take into account the importance of the continuity of the entitlements to social security , including healthcare . ### 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 , which 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 .


### member states shall 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 . ### member states shall take the necessary measures to ensure that the second parent has the right to take mandatory paid paternity leave of at least fourteen working days on the occasion of the birth or adoption of a child , or at least fifteen days in the event of multiple births or adoptions .


### 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 long - term illness . ### member states shall assess the need for arrangements needed to make sure the application of parental leave 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 .


### the current union legal framework provides limited incentives for men to assume an equal share of caring responsibilities . lack of paid paternity and parental leave in many member states contributes to the low take - up of such leave by fathers . the imbalance in the design of work - life balance policies between women and men reinforces gender differences between work and care . conversely , use of work - life balance arrangements by fathers , such as leave or flexible working arrangements , has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment . ### the current union legal framework provides limited incentives for men to assume an equal share of caring responsibilities . lack of paid paternity and parental leave in many member states contributes to the low take - up of such leave by fathers . the imbalance in the design of work - life balance policies between women and men reinforces gender differences between work and care . conversely , use of work - life balance arrangements by fathers , such as leave or flexible working arrangements , has been shown to have a positive impact in reducing the relative amount of unpaid family work undertaken by women and leaving them more time for paid employment . furthermore , the availability of quality , accessible , and affordable infrastructure for the care of children and other dependants has proven to be a crucial factor for work - life balance policies that facilitate the rapid return of new mothers to , and an increasing participation of women in the labour market .


### 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 9 may request the employer to provide duly substantiated grounds for the dismissal . the employer shall provide those grounds in writing . ### 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 may request the employer to provide duly substantiated grounds for the dismissal .


### article 16 level of protection 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 months of parental leave remain non - transferable in accordance with article 5 . ### article 16 non regression member states and / or the social partners may introduce or shall maintain more favourable provisions for workers than those set out in this directive . they shall however ensure that at least four months of parental leave remain non - transferable in accordance with article5 . 2 . this directive shall be without prejudice to any more specific provisions in union law , and in particular union law provisions concerning equal treatment or opportunities for men and women . 3 . the implementation of this directive shall not constitute valid grounds for reducing the rights conferred to and the general level of protection afforded to workers .


### member states shall 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 . ### 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 paternity leave of at least ten working days around the occasion of the birth or adoption of a child , within duration limits of the maternity leave .


### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers to be taken on the occasion of the birth of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law . ### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paid paternity leave for fathers or an equivalent second parent as defined in national law to be taken around the occasion of the birth or adoption of a child and within duration limits of the maternity leave should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law .


### member states may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed one year . in the case of successive fixed - term contracts , within the meaning of council directive 1999 / 70 / ec21 , with the same employer , the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period . __________________ 21 council directive of 28 june 1999 concerning the framework agreement on fixed - term work concluded by etuc , unice and ceep . ### member states may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed six months . in the case of successive fixed - term contracts , within the meaning of council directive1999 / 70 / ec21 , with the same employer , the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period . __________________ 21 council directive of 28 june 1999 concerning the framework agreement on fixed - term work concluded by etuc , unice and ceep .


### member states shall take the necessary measures to ensure that workers with children up to a given age , which shall be at least twelve , 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 . ### member states shall take the necessary measures to ensure that workers with children up to a given age , which shall be no more than eight , 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 .


### 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 9 . ### member states shall take the necessary measures to prohibit the dismissal , on the grounds that they have applied for , or have taken , leave referred to in article 4 , 5 or 6 .


### ' carer ' means a worker providing personal care or support in case of a serious illness or dependency of a relative ; ### ' carer ' means a worker providing personal care or support to a relative of any age in need of care or support due to a serious illness , disability or mental or physical dependency . “serious illness” means a long - term medical condition that may be difficult to diagnose , and prevents the person from assuming essential and practical daily tasks , as a consequence of the disease symptoms , the disability generated , the treatment or the complex care pathway .


### “carer ' means a worker providing personal care or support in case of a serious illness or dependency of a relative ; ### “carer ' means a worker providing personal care or support to a relative of any age who needs care or support as a result of a serious disability or serious mental or physical health condition ;


### 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 at least twelve . ### 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 at least eight .


### 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 long - term illness . ### member states shall assess the need for arrangements needed to make sure the application of parental leave is adapted to the needs of adoptive parents , parents with a disability , parents with mental health problems and parents with children with a disability , a long - term illness or mental health problems .


### employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request . ### employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers , in particular in micro businesses . employers shall justify any refusal of such a request while providing options for alternative arrangements .


### member states may define the circumstances in which an employer , following consultation in accordance with national law , collective agreements and / or practice , may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment . employers shall justify any postponement of parental leave in writing . ### member states may define the circumstances in which an employer , following consultation in accordance with national law , collective agreements and / or practice , may be allowed to postpone no more than twice and for a maximum period of six months the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment . employers shall justify any postponement of parental leave in writing . in addition , member states shall take into account in particular the constraints of micro companies .


### ' paternity leave ' means leave from work for fathers to be taken on the occasion of the birth of a child ; ### ' paternity leave ' means paid leave from work for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth or adoption of a child ;


### ' 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 ; ### “care and support needs” means a state in which a person is , temporarily or permanently , in need of care due to a disability or a serious medical reason and requires personal assistance or support ;


### 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 . ### 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 as follows : for paternity leave as referred to in article 4 , a payment or allowance equivalent to maternity leave pay as defined at the national level whilst ensuring the principle of equal pay for women and men ; for parental leave as referred to in article 5 , a payment or allowance of at least equivalent to 80 % of the worker ' s gross wage ; for carers ' leave as referred to in article 6 , a payment or allowance of at least equivalent to 80 % of the worker ' s gross wage .


### 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 relative 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 . ### 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 relative 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 need of care or support may be required by the employer


### 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 relative 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 . ### in order to provide greater opportunities to remain in the work force for workers taking care of elderly family member and / or other relatives in need of care , workers with a relative with care or support needs due to a serious medical reason 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 , medical proof of the serious medical reason for care or support needs should be required prior to granting of the leave .


### 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 situations . ### 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 . the employer should accept requests for parental leave in other flexible forms than full - time , unless there are compelling and justified reasons not to do so . member states should also assess if the conditions and detailed arrangements of parental leave should be adapted to favour the specific needs of parents in particularly disadvantaged situations .


### member states shall 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 . ### member states shall take the necessary measures to ensure that fathers have the right to take paid paternity leave of at least ten working days on the occasion of the birth of a child . member states shall impose a proportional time frame following the birth of a child within which the paternity leave must be exhausted . such time frame shall not be less than 6 weeks following the birth of a child .


### employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request . ### employers shall consider and respond to requests for flexible working arrangements referred to in paragraphs 1 and 3 , taking into account the needs of both employers and workers . the final say as to whether or not to accept a worker’s request for flexible working arrangements shall rest with the employer . employers shall inform the worker of the main reasons for refusing such a request .


### ‘ carer’ means a worker providing personal care or support in case of a serious illness or dependency of a relative ; ### ‘ carer’ means a worker providing personal care or support to a relative in need of care or support owing to a serious medical condition ;


### work - life balance remains however a considerable challenge for many parents and workers with caring responsibilities , with a negative impact on female employment . a major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations . when they have children , women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities . having an ill or dependent relative has also been shown to have a negative impact on female employment , leading some women to drop out of the labour market entirely . ### work - life balance remains however a considerable challenge for many parents and workers with caring responsibilities , with a negative impact on female employment . a major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations . when they have children , women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities . having an ill or dependent relative has also been shown to have a negative impact on female employment , leading some women to drop out of the labour market entirely . this in turn has negative financial consequences , as the social security and pension rights of these carers may be affected as a result . research and practice also demonstrate the business case in addressing the needs of working carers , including outcomes such as reduced absenteeism , attracted and retained staff , and better motivation of staff .


### member states shall establish the period of notice to be given by workers to employers when exercising the right to parental leave . in doing so , member states shall take into account the needs of both employers and workers . member states shall ensure that the worker ' s request specifies the intended beginning and end of the period of leave . ### member states shall establish framework guidelines for the period of notice to be given by the workers to employers when exercising the right to parental leave , specifying the intended beginning and end of the period of leave . in doing so , member states shall take into account the needs of both employers , especially micro , small and medium - sized undertakings , and workers . member states shall also take into account force majeure as well as the possibility for a mutual agreement on changes to the period of notice between the worker and the employer .


### equality between men and women is a fundamental principle of the union . according to article 3 of the treaty on european union the promotion of equality between women and men is one of the union ' s aims . similarly , article 23 of the charter of fundamental rights of the european union requires equality between women and men to be ensured in all areas , including employment , work and pay . ### equality between men and women is a fundamental principle of the union . according to article 3 of the treaty on european union the promotion of equality between women and men is one of the union ' s aims and according to article 8 of the treaty on the functioning of the european union equality between women and men should be promoted in all activities of the european union . similarly , article 23 of the charter of fundamental rights of the european union requires equality between women and men to be ensured in all areas , including employment , work and pay .


### 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 9 . ### member states shall take the necessary measures to prohibit the 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 9 .


### 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 situations . ### 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 eight 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 . workers should also have the possibility to return to work earlier than the intended and reported period of parental leave , especially if the reason of the premature return does not depend on the will of the worker and if earlier return is not excessively burdensome for the employer . given that flexibility makes it more likely that both parents 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 , especially parents having a disability and parents with children with a disability or long - term illness requiring more care .


### ' relative ' means a worker ' s son , daughter , mother , father , spouse or partner in civil partnership , where such partnerships are envisaged by national law ; ### ' relative ' means a worker ' s son , daughter , mother , father , grandmother , grandfather , spouse or partner in civil partnership , where such partnerships are envisaged by national law , and relative of the worker’s spouse ;


### 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 months of parental leave remain non - transferable in accordance with article 5 . ### member states may introduce or maintain provisions that are more favourable to workers than those laid down in this directive , provided that such provisions are not excessively burdensome for employers , especially small and middle sized enterprises . they shall however ensure that at least one month of parental leave remains non - transferable in accordance with article 5 .


### work - life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market , making it easier for men to share caring responsibilities on an equal basis with women , and closing gender gaps in earnings and pay . such policies should take into account demographic changes including the effects of an ageing population . ### work - life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market , encouraging and making it easier for men to share caring responsibilities on an equal basis with women , and closing gender gaps in earnings , pay and pension . such policies should take into account demographic changes including the effects of an ageing population . moreover , they should also contribute to tackling the stereotypes ascribed to gender roles .


### work - life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market , making it easier for men to share caring responsibilities on an equal basis with women , and closing gender gaps in earnings and pay . such policies should take into account demographic changes including the effects of an ageing population . ### work - life balance policies should contribute to the achievement of equality of access to work by promoting the participation of women in the labour market and the participation of men in childcare , making it easier for men to share caring responsibilities on an equal basis with women , and closing gender gaps in earnings , pay and pensions . such policies should tackle negative demographic changes including the effects of an ageing population .


### article 16 level of protection 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 months of parental leave remain non - transferable in accordance with article 5 . ### article 16 non regression member states and / or the social partners may introduce or shall maintain more favourable provisions for workers than those set out in this directive . they shall however ensure that at least four months of parental leave remain non - transferable in accordance with article5 . 2 . this directive shall be without prejudice to any more specific provisions in union law , and in particular union law provisions concerning equal treatment or opportunities for men and women . 3 . the implementation of this directive shall not constitute valid grounds for reducing the rights conferred to and the general level of protection afforded to workers .


### member states may define the circumstances in which an employer , following consultation in accordance with national law , collective agreements and / or practice , may be allowed to postpone the granting of parental leave by a reasonable period of time on the grounds that it would seriously disrupt the good functioning of the establishment . employers shall justify any postponement of parental leave in writing . ### member states may define the circumstances in which an employer , following consultation in accordance with national law , collective agreements and / or practice , may be allowed to postpone the granting of parental leave for a maximum of six months on the grounds that it would seriously disrupt the good functioning of the establishment . employers shall justify any postponement of parental leave in writing .


### ' carer ' means a worker providing personal care or support in case of a serious illness or dependency of a relative ; ### “carer” means a person who provides care to someone with a serious illness , disability , or dependency or care need , outside a professional or formal framework ;


### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers to be taken on the occasion of the birth of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law . ### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paid paternity leave for fathers or an equivalent second parent as defined in national law to be taken around the occasion of the birth or adoption of a child and within duration limits of the maternity leave should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law .


### workers exercising their rights to leave or to request flexible working arrangements should be protected against discrimination or any less favourable treatment on that ground . ### workers exercising their rights to leave or to request flexible working arrangements should be protected against any form of discrimination or any less favourable treatment on that ground . at the same time , in order to ensure balance between the interests of employers and workers , member states should ensure that employers are protected against any abuse of such rights .


### member states shall 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 . ### 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 paternity leave of at least ten working days around the occasion of the birth or adoption of a child , within duration limits of the maternity leave .


### &#8220 ; paternity leave&#8221 ; means leave from work for fathers to be taken on the occasion of the birth of a child ; ### &#8220 ; paternity leave&#8221 ; means paid leave from work for fathers to be taken on the occasion of the birth of a child ;


### member states shall take the necessary measures to prohibit less favourable treatment of workers on the ground 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 . ### member states shall take the necessary measures to prohibit discrimination and less favourable treatment of workers on the ground 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 .


### member states shall ensure that , at the end of leave referred to in article 4 , 5 or 6 , 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 . ### member states shall ensure that , at the end of leave referred to in article 4 , 5 or 6 , workers are entitled to return to their jobs or to obtain equivalent posts on terms and conditions which are no less favourable to them and which correspond to the employment contract , and to benefit from any improvement in working conditions to which they would have been entitled during their absence .


### 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 long - term illness . ### member states shall assess the need for arrangements needed to make sure the application of parental leave 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 .


### 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 relative 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 . ### in order to provide greater opportunities to remain in the workforce for men and women caring for elderly family members and / or other relatives in need of care , workers with a seriously ill or dependent relative 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 . to simplify leave requests , however , carers should be required to furnish such proof once only under a simplified standard procedure .


### work - life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market , making it easier for men to share caring responsibilities on an equal basis with women , and closing gender gaps in earnings and pay . such policies should take into account demographic changes including the effects of an ageing population . ### work - life balance policies should contribute to the achievement of gender equity by promoting the participation of women in the labour market , encouraging men to share caring responsibilities on an equal basis with women , and closing gender gaps in earnings and pay . such policies should take into account demographic changes including the effects of an ageing population .


### “parental leave” means leave from work on the grounds of the birth or adoption of a child to take care of that child ; ### “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child ;


### on the basis of the information provided by member states pursuant to paragraph 1 , the commission shall submit to the european parliament and the council a report in which it reviews the application of this directive , accompanied , if appropriate , by a legislative proposal . ### on the basis of the information provided by member states pursuant to paragraph 1 , the commission shall submit to the european parliament and the council a report in which it reviews the application of this directive , including data , disaggregated by sex , on the take - up of different types of leave contained in this directive and its impact on micro , small and medium - sized undertakings , accompanied , if appropriate , by a legislative proposal and to assess the possibility to extend in the future the rights contained in this directive to self - employed workers . .


### “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 . ### “flexible working arrangements” means the possibility for workers to adjust their working patterns on a voluntary basis including through the use of remote working arrangements where feasible , flexible working schedules , or a reduction in working hours .


### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers to be taken on the occasion of the birth of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law . ### in order to encourage a more equal sharing of caring responsibilities between women and men , the right to paternity leave for fathers to be taken within the first year of a child’s life , preferably on the occasion of the birth or adoption of a child should be introduced . in order to take account of differences among member states , the right to paternity leave should be irrespective of marital or family status as defined in national law . in order to deter potential abuse , the member states should be able to introduce a requirement of a minimum period of service before a worker is entitled to benefit from that right , with a maximum duration of one year .


### 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 months of parental leave currently provided for by directive 2010 / 18 / eu , extends from one to four months the period of parental leave which cannot be transferred from one parent to the other . ### 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 16 weeks of parental leave currently provided for by directive 2010 / 18 / eu , extends from four to 16 weeks the period of parental leave which cannot be transferred from one parent to the other .


### article 16 level of protection 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 months of parental leave remain non - transferable in accordance with article 5 . ### article 16 non regression member states and / or the social partners may introduce or shall maintain more favourable provisions for workers than those set out in this directive . they shall however ensure that at least four months of parental leave remain non - transferable in accordance with article5 . 2 . this directive shall be without prejudice to any more specific provisions in union law , and in particular union law provisions concerning equal treatment or opportunities for men and women . 3 . the implementation of this directive shall not constitute valid grounds for reducing the rights conferred to and the general level of protection afforded to workers .


### this directive applies to all workers , men and women , who have an employment contract or employment relationship . ### this directive applies to all workers , both men and women , who have an employment contract or employment relationship as defined in law , collective agreements and / or the practice applicable in each member state .


### employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request . ### employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers , in particular in micro businesses . employers shall justify any refusal of such a request while providing options for alternative arrangements .


### this directive should apply to all workers who have employment contracts or other employment relationships . as is currently the case under clause 2 of the annex to directive 2010 / 18 / eu , this should include contracts relating to employment or employment relationships of part - time workers , fixed - term contract workers or persons with a contract of employment or employment relationship with a temporary agency . ### this directive should apply to all workers who have employment contracts or other employment relationships . as is currently the case under clause 2 of the annex to directive 2010 / 18 / eu , this should include contracts relating to employment or employment relationships of part - time workers , fixed - term contract workers or persons with a contract of employment or employment relationship with a temporary agency . the union should encourage member states to extend the enjoyment of the rights set forth by this directive to the self - employed through national legislative measures . this should especially apply in regard to the self - employed who contribute with their earnings to coverage schemes that finance compensation for the leaves . member states should be encouraged to develop systems which would enable the self - employed to contribute to such coverage schemes .


### member states shall ensure that , at the end of leave referred to in article 4 , 5 or 6 , 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 . ### member states shall ensure that , at the end of leave referred to in article 4 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 .


### in accordance with directive 2010 / 18 / eu member states are required to define the status of the employment contract or employment relationship for the period of parental leave . in accordance with the case - law of the court of justice of the european union , the employment relationship between the worker and his employer is therefore maintained during the period of leave and , as a result , the beneficiary of such leave , remains , during that period , a worker for the purposes of union law . when defining the status of employment contract or employment relationship during the period of the leaves covered by this directive , including as regards entitlements to social security , the member states should therefore ensure that the employment relationship is maintained . ### in accordance with directive 2010 / 18 / eu member states are required to define the status of the employment contract or employment relationship for the period of parental leave . in accordance with the case - law of the court of justice of the european union , the employment relationship between the worker and his employer is therefore maintained during the period of leave and , as a result , the beneficiary of such leave , remains , during that period , a worker for the purposes of union law . when defining the status of employment contract or employment relationship during the period of the leaves covered by this directive , the member states should therefore ensure that the employment relationship is maintained without prejudice to entitlements to social security including to pension contribution to which the worker remains subject throughout the period of leave . in that perspective , member states should ensure the leave provided for in this directive does not affect the worker’s pension entitlements during all this period .


### “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 . ### ' working arrangements with suitable hours ' means the possibility for workers to adjust their working patterns , including through the use of flexible working schedules or a reduction in working hours .


### 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 long - term illness . ### 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 parents in special situations to be defined by member states . such special situations may include : parents having a disability , parents with children with a disability including mental health problems , serious medical condition or illness and single parents as defined by the national law and practice in member states .


### employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request . ### employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1 , taking into account the needs of both employers , in particular micro and small and medium - sized enterprises , and workers . employers shall notify any refusal of such a request .


### 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 9 may request the employer to provide duly substantiated grounds for the dismissal . the employer shall provide those grounds in writing . ### 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 may request the employer to provide duly substantiated grounds for the dismissal .


### at the latest , by five years after the entry into force of this directive , member states shall communicate to the commission all relevant information concerning the application of this directive necessary for the commission to draw up a report to the european parliament and the council on the application of this directive . ### at the latest , by five years after the entry into force of these non - binding guidelines , member states shall communicate to the commission all relevant information concerning the application of these guidelines necessary for the commission to draw up a report to the european parliament and the council on the application of these guidelines .


### equality between men and women is a fundamental principle of the union . according to article 3 of the treaty on european union the promotion of equality between women and men is one of the union ' s aims . similarly , article 23 of the charter of fundamental rights of the european union requires equality between women and men to be ensured in all areas , including employment , work and pay . ### equality between men and women is a fundamental principle of the union . according to article 3 the treaty on european union and article 8 of the treaty on the functioning of the european union the elimination of inequalities and promotion of equality between women and men is one of the union ' s aims . similarly , under article 21 of the charter of fundamental rights of the european union any discrimination on any ground is prohibited , while article 23 requires equality between women and men to be ensured in all areas , including employment , work and pay .


### member states shall take the necessary measures to ensure that workers have the right to request parental leave also on a part - time basis , in blocks separated by periods of work or in other flexible forms . employers shall consider and respond to such requests , taking into account the needs of both employers and workers . employers shall justify any refusal of such a request in writing . ### member states shall be encouraged to take the necessary measures to ensure that workers have the right to request parental leave also on a part - time basis , in blocks separated by periods of work or in other flexible forms .


### work - life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market , making it easier for men to share caring responsibilities on an equal basis with women , and closing gender gaps in earnings and pay . such policies should take into account demographic changes including the effects of an ageing population . ### work - life balance policies should contribute to the achievement of gender equality by promoting the participation of women in the labour market , encouraging and making it easier for men to share caring responsibilities on an equal basis with women , and closing gender gaps in earnings , pay and pension . such policies should take into account demographic changes including the effects of an ageing population . moreover , they should also contribute to tackling the stereotypes ascribed to gender roles .


### ' carer ' means a worker providing personal care or support in case of a serious illness or dependency of a relative ; ### “carer” means a worker providing personal assistance or support to a person with support needs due to a disability , a mental health problem or a health condition .


### 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 long - term illness . ### member states shall assess the need for arrangements needed to make sure the application of parental leave 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 .