2.3.7 EASA Regulation and Flight time limitations

• The obligation on the employer of adapting work to the worker (clause 6).

106. Next, Directive 2019/1158 on work-life balance for parents and caregivers and repealing Council Directive 2010/18/EU (the Work-Life Balance Directive) 56 aims to ensure gender equality with regard to treatment at work and labour market opportunities and to improve access to family-related leave and to flexible working arrangements. The purpose is to facilitate the reconciliation between work life and family life for parents and caregivers.

This Directive provides notably the introduction of paternity leave (at least 10 working days), the strengthening of the right to 4 months of parental leave, the introduction of a 5 days per year’s caregiving’ leave and the extension of the right to demand flexible working arrangements to workers who are parents of children below 8 years old and to all caregivers.

EU member states have to take the necessary measures to achieve the goals of this act. For example, articles 11 and 12 requires them to set up protection against discrimination and dismissal for workers who are parents or caregivers.

2.3.7 EASA Regulation and Flight time limitations

107. Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 sets forth common rules in the field of civil aviation and establishes a European Union Aviation Safety Agency (EASA). This Regulation aims at maintaining a high uniform level of civil aviation security, which implies that essential requirements be met by aircrew and that flight time limitations be enforced to guarantee the safety of air operations. The power to adopt flight time limitations has been delegated to the Commission (see below). Further, the EASA Regulation establishes essential requirements for aircraft with respect to their airworthiness and environmental compatibility. Manufacturers will be required to issue certificates of airworthiness, in accordance with the technical requirements. The Regulation also provides risk- and performance-based rules that set objectives but leave some flexibility as to the means for achieving them. It also promotes taking non-binding measures (such as safety promotion actions) whenever this is possible. Cabin crew involved in commercial air transport are subject to certification and should be issued with an attestation. The European Commission has established detailed rules and procedures for the qualification of cabin crew members. The regulation also sets out essential requirements for safe ground handling services, which are now included within the scope of the regulation, and closes a number of other safety gaps.

108. In addition, Commission Regulation (EU) No 83/2014 of 29 January 2014 amending Regulation (EU) No 965/2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council currently provides for specific limits at EU level concerning among others flight times, duty periods and rest periods.

109. This act notably sets out flight and duty time limitations for air crew. According to the Subpart FTL of Annex III of this Regulation :

56 Directive 2019/1158 of the European Parliament and of the Council of 20 June 2019 on worklife balance for parents and carers and repealing Council Directive 2010/18/EU (date of effect : 01/08/2019)