In my e-mail I receive the request to write an article about care leave. 'I find it interesting, I have no experience with it and I do not understand it, so it can take a while', I respond. A day later I send a message again. 'I take a few days of care leave, my daughter is ill'. With a smiley behind it. I do this work at home when it suits me.
It will happen to you
But it will happen to you. A busy working day on the program, meetings, presentations, appointments. Actually as always. You enter the room of your child to wake it up lovingly, and ready for the reception. But at the first kiss you feel wrong. Yes, fever! You look at your partner. "Are you staying home, or me?" How many days off does each of you still have? But do you always have to take a day off, or is care leave also an option?
This article describes the guidelines for government care leave. However, always consult your own collective labor agreement or the arrangement of the employee representation, because the agreements contained herein are binding. Even if this is less favorable for you than the government guidelines.
Care leave for sick child
When your child (you) is ill, you are entitled to care leave. This is true for:
Your own child.
The child of your husband, wife or registered partner.
The child of your partner with whom you live together.
Your foster child, if this foster child according to the basic registration persons of the municipality lives at the same address as you.
Short-term care leave
Short-term care leave is a maximum of twice the number of hours that you work contractually per week on an annual basis. So for a (contractually) 40-hour working week, you are entitled to 80 hours of short-term care leave per year. The year starts on the first day of care leave. So not per contract year, or per calendar year. Those two weeks do not have to be used consecutively, but it is allowed. Once three days before a flu, and later four days in connection with the chickenpox, may. As long as the maximum number of hours is not exceeded.
Payment during short-term care leave
The employer will continue to pay at least 70% of the wages during short-term care leave. As long as you do not end up below the minimum wage. If 70% of the salary is therefore less than the minimum wage, the minimum wage must be paid out. But here too, agreements in the CAO or the regulations of the staff association are binding.
Conditions for short-term care leave
You must actually provide care.
Care must be necessary.
You must be the one who has to care.
Sounds all quite logical, but also means that you do not have to, or have to get, a care leave for a child in the hospital. Your child will then receive the necessary care from doctors and nurses in the hospital. When your child is discharged from the hospital and still needs care, short-term care leave can be taken.
Request short-term care leave
Requesting short-term care leave can be done both orally and in writing. The employer may ask for proof, but may only refuse leave if the company is in serious trouble due to the granting of the care leave.
Long-term care leave
Long-term care leave is a maximum of six times the number of hours that you work contractually per year. So for a (contractually) 40-hour working week, you are entitled to 240 hours of long-term care leave per year. The year also applies here to the first day of leave and therefore does not count per contract or calendar year. This leave ends when the number of hours for which you are entitled to long-term care leave has been used up. Or when the person who needs the care no longer needs it, or dies.
Payment during long-term care leave
In contrast to short-term care leave, long-term care leave is not (partially) paid. Holiday hours are being built up.
Conditions for long-term care leave
The person in need of care must be life-threateningly ill.
The person in need of care must be ill for a long time or need help.
The healthcare provider must actually provide care.
The healthcare provider must be the designated person to provide the care ...
This, too, is just as understandable, just as with short-term care leave. But even now, the hospital is not entitled to care leave in case of a sick child. In that case, the necessary care is provided by the nurses and the doctors.
Request long-term care leave
At least two weeks before the leave starts, a written request must be made. In the application, the applicant must indicate the reason for the care leave, the person who needs the care, the time, the size and the intended duration of the leave must also be included in the application. The employer must respond within one working day and may only refuse long-term care leave if the leave of the employee brings the company into serious problems. However, the employer may request proof.
Where care leave, the name says it, is only awarded if the employee has to take care of a sick person in his immediate environment (in this article for his / her child), emergency leave is broader. Calamity leave can be granted if an employee must have free time immediately to resolve a calamity, or to take action so that the calamity can be resolved. This can involve a fire in the employee's home, a car that stops on the way to work, but also to arrange the first care / reception for a suddenly ill child.
The duration of emergency leave
The duration of emergency leave is as long as necessary to remedy the calamity. This can be different for each situation. When emergency leave is taken in connection with a sick child, it is a maximum of one day. If the employee has to take longer care of the sick child, the emergency leave goes into short-term care leave on the second day of the leave.
Payment during calamity leave
In case of calamity leave, normal payment (in principle, unless otherwise agreed in the Collective Labor Agreement) takes place. The employer may ask whether the employee agrees to the use of holiday hours for the duration of the calamity leave, but the employee is not obliged to do so.
Applying for calamity leave
Applying for calamity leave is not an issue. You can not schedule a calamity in advance. However, the employee must inform the employer as soon as possible of the calamity and the expected duration of the leave. A reasonable request for emergency request must be honored.