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From 1 June 2018, brand new parents may apply for unpaid postnatal leave once and for a maximum of 1 year. They may apply for this leave up to a maximum of 1 year after the birth of their child(ren). This leave should not be confused with the already existing maternity or paternity leave, time credit with motive for providing care to a young child and prophylactic leave.
For all brand new parents.
At least 1 month before the desired start date of the postnatal leave, the employee must submit a written application to his employer. This written application must state the duration of the postnatal leave. The leave must start at the latest 1 year after the birth.
The employee provides his employer with a certificate of birth at the latest when the postnatal leave commences.
Postnatal leave must be taken for at least 1 month and may last for a maximum of 1 year.
Yes. The employer may postpone entitlement to postnatal leave on account of exceptional circumstances.
The employee can return early from postnatal leave with a written request. The employer may postpone the employee's request for resumption of work for a maximum of 1 month. After this period, the employer is obliged to re-employ the employee.
N.B. If the employee returns earlier, the remaining part of the postnatal leave will be lost.
Yes, this is possible. If the employee works part-time, he can spread the leave over a maximum of 2 years. The agreements concerning the work schedule shall be set out in an appendix to the employment contract.
This unpaid postnatal leave shall be considered to be a suspension of the employment contract.
On expiry of the stipulated period of postnatal leave, the employer shall immediately re-employ the employee, retaining the wage scale and working hours as before the postnatal leave.
If the employee spends more than 3 months on unpaid leave, this has an impact on the calculation of his seniority. Periods of suspension of the performance of the employment contract which exceed 3 months do not count for the purposes of calculating seniority.
Author: Céline Bockstal
21/06/2018
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