news

New legislation as of 1 July: additional birth leave for partners

18 June 2020

From July 1, 2020, partners can take a total of 5 weeks of additional birth leave in the first six months after birth, with entitlement to a benefit of 70% of the salary. This is part of the WIEG Act that had already entered into force on 1 January 2019. This is in addition to the right that a partner can take leave during the first 5 days (on a full-time basis) after birth, while retaining the full salary. Below we would like to list the leave options for partners at birth. A partner with a workload of 40 hours per week is assumed.

Emergency leave

On the day of birth, a partner can take emergency leave with full salary retention. This remains the same.

Birth leave

As of January 1, 2019, partners are entitled to 5 days of birth leave. Partners can record this immediately, but also divided in the first 4 weeks after delivery. The partner can take birth leave entirely according to his own wishes. The employer cannot change this.

Additional birth leave

From July 1, 2020, partners can take additional birth leave in the first six months after birth. In this period they can take a total of 5 weeks of additional birth leave, whereby partners are entitled to a benefit of 70% of the salary. The right to additional birth leave can only be enjoyed if the birth leave of once the weekly working time (5 days) with continued payment of salary has first been taken.

This leave does not have to be taken consecutively. In principle, the employee can fill in himself how he takes the additional birth leave. The employer can only oppose the pattern of admission and consult with the employee if he has a compelling business and service interest.

Parental leave

Parents can take 6 months parental leave until the child reaches the age of 8, without pay. A bill is currently pending under which workers are entitled to 9 weeks of paid parental leave during the first year after birth. After that, they can still withdraw for the remaining 17 weeks, but this remains unpaid. The envisaged entry into force of this Act is August 2, 2022.

Adoption and foster care leave

In connection with the adoption of a child or the inclusion of a foster child in the home, adoptive or foster parents were able to take four weeks' leave until 31 December 2018. As of 1 January 2019, adoptive or foster parents are entitled to 6 weeks' leave. This leave can be taken from 4 weeks before the actual admission into the family or up to 22 weeks afterwards. The adoptive or foster parents are entitled to a benefit equal to their daily wages.

In principle, this leave must be taken consecutively. The employee can request the employer to spread the leave. The employer can object to this on the basis of a compelling business and service interest.

 

 



More information?

All lawyers of our firm specializing in labor law. We have extensive experience in providing employment law advice and resolving employment disputes.