Partner and parental leave in 2022
Date: November 02, 2022
Modified November 14, 2023
Written by: Antoinette Niebeek
Reading time: +/- 2 minutes
Date: November 02, 2022
Modified November 14, 2023
Written by: Antoinette Niebeek
Reading time: +/- 2 minutes
We are regularly asked about the exact situation regarding the leave entitlements of the mother's partner after the birth of their child. We understand this question well; in recent years, the various regulations have changed several times. Most recently on August 2, 2022, since then (both) parents are entitled to 9 weeks (partially) paid parental leave.
High time to take stock: what forms of "partner leave" are there, what conditions apply and do you, as an employer, have the option of rejecting the request for leave? Antoinette Niebeek answers these questions through this overview below.
| Birth leave (maternity leave) | Additional birth leave | Parental leave | |
| For whom | o the mother's spouse; o the mother's registered partner; o the person living with the mother unmarried; or the person who acknowledged the child. | o the mother's spouse o the mother's registered partner; o the person living with the mother unmarried; or the person who acknowledged the child. | o the legal parent; o the person who acknowledged the child; o the person who lives with, cares for and raises the child (e.g., a stepparent); or o the foster care parent or adoptive parent. of a child up to 8 years of age |
| Duration/scope? | once the number of working hours per week | up to 5 weeks (based on weekly working hours) | 26 weeks, including 9 paid (based on weekly working hours) |
| Right to wages? | yes, employer must continue to pay wages. | no, but on benefits from the UWV at 70% of the daily wage. | no, but on benefits from the UWV at 70% of the daily wage. |
| Per when to deploy? | within four weeks from the day of birth. | after birth leave, within six months from the day after delivery | the 9 paid weeks must be taken within the child's first year of life , the remaining weeks must be taken before the child is 8 years old |
| How to deploy? | the employee may decide when to use the birth leave, must, of course, notify the employer accordingly | the employee indicates how many weeks he/she wants to take (i.e., a maximum of five). The leave can only be taken in whole weeks (the UWV pays in whole weeks), but the employee may take the leave in stages the employee must request the leave (and the way he wants to use it) in writing from the employer no later than four weeks before it is due to start, the employer must in principle agree to this in practice this must be done in consultation | the leave can only be taken in whole weeks. The employer applies for the benefit with the UWV after the employee has taken at least one time the number of hours of his work week the employee must request the leave (and the way he wants to use it) in writing from the employer no later than two months before it is to take effect, the employer must in principle agree to this in practice this must be done in consultation |
| Ability to reject? | no | the basic principle is that this (the details of the leave) must be agreed upon. The employer may not refuse the leave as such. The employer can still change the details of the leave up to two weeks before it takes effect if there is a compelling business or service interest*. | the basic principle is that this (the details of the leave) must be agreed upon. The employer may not refuse the leave as such The employer can still change the details of the paid leave up to four weeks before it takes effect, if there is a compelling business or service interest* with regard to the unpaid parental leave, the employee is in principle free to fill it in himself (here too, the principle applies: in consultation). In case of compelling business or service interests, the employer may refuse the specific interpretation of the leave* |
We hope the above chart helps you with issues related to your employees' spousal and childbirth leave. If you have specific questions or would like to spar with us on this topic, please call one of our attorneys from team Labor or contact us using the form below.
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