There are all sorts of arrangements in the field of maternity leave. Are you aware of all these arrangements? For example, when are you entitled to it? How long does it take? What consequences does it have on your days off? We have tried to find as many answers as possible for you.
Can my employer refuse maternity leave?
Your employer may not refuse maternity leave.
What consequences does maternity leave have for my holidays?
Your employer will not take the days that you have maternity leave on your vacation days.
In your collective labor agreement or in an arrangement by your employer with the works council or employee representation, other agreements may be made. Only agreements can be made about your extra vacation days. You are always entitled to the statutory minimum number of holidays. That number is four times the number of days you work in a week.
What consequences does maternity leave have for my income?
During your maternity leave, your employer will pay your wages. In your collective labor agreement or in an arrangement by your employer with the works council or employee representation, other agreements may be made. Inquire about this with your employer.
How do I apply for maternity leave?
You inform your employer as soon as possible when you take maternity leave. This may be oral or written.
When should I take maternity leave?
After the birth you are entitled to two days of maternity leave.
Childbirth and declaration
You do not need to take maternity leave before giving birth and reporting the birth. You can include the so-called 'other short-term absence leave'. This short leave of absence falls under the same arrangement as the emergency leave. Your two days of maternity leave may be connected to this.
You can take parental leave for the care of children under eight years of age. You can have this leave connected to maternity leave.
When am I entitled to maternity leave?
If you are an employee and your spouse or partner has given birth, you are entitled to two days of maternity leave.
Can my employer refuse care leave and will my salary be paid during the leave?
In the Work and Care (WAZO) Act, for each form of leave, it is determined whether your employer may refuse the leave and what income you have during the leave.
Sometimes there are deviating agreements in a collective agreement or arrangement of the works council or staff representation. These rules then go for the legal rules.
In the overview below you can read what is legally arranged about refusing the leave and the right to pay or benefit.
In case of an adoption you will receive a benefit in the amount of your salary. Your employer can not refuse this leave.
In case of calamity leave, your wages will be paid and your employer can not refuse a reasonable request.
Your wages will be paid. You are entitled to maternity leave, but the collective labor agreement or arrangement of the works council or employee representative body may contain different agreements about the right to maternity leave, the duration and the payment.
Short-term care leave (also called ten-day care leave)
Your wages will continue to be paid during care leave, but the collective labor agreement or arrangement of the works council or staff representation may contain different agreements about the entitlement to this leave, the duration and the payment. Your employer may refuse this leave if this would cause the company serious problems.
Long-term care leave
Long-term care leave is unpaid leave. Your employer may refuse this leave if this would cause the company serious problems.
Parental leave is unpaid leave. Your employer can not refuse if you want to take leave according to the standard distribution (50 percent work, 50 percent leave). You can refuse a different distribution, if that would cause major problems in the company.
What forms of leave are there?
You can use different forms of care leave if you meet the conditions:
- pregnancy and maternity leave;
- parental leave;
- short-term care leave (ten-day care leave);
- calamity leave;
- adoption leave;
- maternity leave;
- long-term care leave;
- life-course savings scheme.
These schemes are bundled in the Work and Care Act (WAZO).
Work and Care Act and Collective Labor Agreement
Nevertheless, different rules may apply to you than the Work and Care Act. Collective agreements can be laid down in collective labor agreements. Your employer can also make other agreements about leave with the works council or staff representation. These then apply above the statutory regulations.
In addition to the leave arrangements in the Work and Care Act, you as an employee are entitled to paid vacation days.