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There are various types of leave involved with birth and adoption: maternity leave, breast-feeding breaks, prophylactic leave, parental leave, paternal leave and adoption leave.
Maternity leave and benefits
Pregnant women are entitled to 15 weeks' maternity leave (17 weeks if giving birth to two or more children). If pregnancy tests have to be carried out within office hours, unpaid time off can be granted for this.
Prenatal rest begins, at the request of the mother, no earlier than seven weeks before the probable birth, or nine weeks if pregnant with twins or triplets. From the seventh day before the probable birth, the future mother is obliged to cease all work or if necessary inform the unemployment office. To this end she must submit a medical certificate to her mutual benefit association. The conditions for maternity benefit are the same as for sickness benefit.
Parental leave
There are various full- and part-time forms for devoting more attention to family and raising children over a longer period. In companies with fewer than 10 employees, the prior consent of the employer is sometimes necessary.
This entitlement applies between a child's birth and his or her fourth birthday; where a child is adopted, this leave may be taken for a period of four years from registration; it also applies if the child is at least 66% disabled.
Familiarise yourself with the regulations, exceptions and extensions in good time.
During parental leave, interruption benefits are paid by the ONEM/RVA (National Employment Agency). For this, the applicant must submit application form C61, duly completed by their employer, within two months of the start of the career break.
Breast-feeding breaks
Female employees may breast-feed their babies or express milk during the working day. Each day, female employees are entitled to one or two breaks of half an hour.
The breast-feeding break is an interruption to the employment contract and is paid for by sickness and invalidity insurance.
Breast-feeding leave can last up to seven months from the date of the birth. This period may be extended by two months.
Prophylactic leave
Pregnant or breast-feeding female employees can temporarily be exempted from carrying out certain tasks which are considered dangerous (list laid down by Royal Decree).
Paternal leave
There are two forms. Firstly, some of the mother's post-natal leave can be transferred to the father in the event of the mother's death or hospitalisation. This may not exceed that part of the leave not taken up by the mother.
The mother retains her maternity benefit and employment protection. In addition the father can take 10 free days' leave during the 30 days following the birth.
Adoption leave involves 10 freely chosen working days within 30 days of registration.
No rights can be derived from this text.
Text last edited on: 08/2006
Source: European Union
© European Communities, 1995-2007
Reproduction is authorised.
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