By virtue of the Work and Care Act (Wet arbeid en zorg), you are entitled to parental leave on the condition that you meet the following requirements:
- you have been employed with the employer's company for at least one year when leave starts;
- you take up the leave before the child for whom the leave has been requested turns eight years old;
- you have not yet taken up parental leave for the child (this includes other employers).
Both parents, in their own right, are entitled to parental leave for the same child, provided they meet the conditions. Entitlement to parental leave also applies for adopted and foster children and stepchildren. In such a case, the prerequisite is that this child lives with you (this should be reflected in the Municipal Personal Records Database)
and that you have fully taken on the care and upbringing of that child.
Per child, parental leave amounts to a maximum of 26 times the weekly working hours.
(13 weeks paid and 13 weeks unpaid parental leave).
The law presumes that leave is taken for half of the weekly working hours during a consecutive period of twelve months. If your employer agrees, you may distribute the leave over a shorter or longer period of time. You may also ask your employer to divide the leave over as many as six separate periods. In that case, each period should have a minimum duration of a month.
In principle, the statutory parental leave is unpaid. Moreover, the employer is not required to share in the pension contribution for the hours in which you do not work. In a collective labour agreement, deviant arrangements may be made in this regard. In case of illness during the parental leave, you will not be granted any extra leave hours or days. You do not accrue leave over the hours of parental leave.
Collective Labour Agreement of Dutch Universities (CAO-NU)
The CAO-NU provides for paid parental leave. The maximum number of leave hours to which you are entitled is 13 times your weekly working hours. During this leave, you retain 62.5% of your total salary over the hours of parental leave. Also, the accrual of pension with ABP and the UT's share in the pension contribution remain unchanged.
The university regards staff with full-time employment taking up parental leave as part-timers. This means that we regard a 38-hour working week as the standard and that you cannot make use of the flexible work hours (every week you work two hours too many, which is compensated for on an annual basis by providing you with 96 extra leave hours) during your parental leave. If you were to continue working for 32 hours a week during your parental leave, the parental leave would be six hours per week. In this example, you would therefore accrue leave over 32 hours.
If you give notice within six months after your paid parental leave or if you are dismissed within this period of time due to circumstances brought about by you, you are obliged to return the salary you were given over the leave hours. If so desired, you can take up unpaid parental leave for a maximum period of 13 times the weekly working hours following the period of paid parental leave. You will not receive any salary for the leave hours you take up as unpaid parental leave. The accrual of pension continues in full. However, in the case of unpaid parental leave, the University does not share in the contribution. This means that the pension contribution (both the employer's and the employee's share) will have to be borne by you in full. In so far as this is possible, the salary administration will directly settle the pension contributions to be paid by you with your salary. If this is not possible, for example because you have taken up unpaid leave for all of your weekly working hours, you will be sent an invoice.
In total, you are entitled to parental leave (both paid and unpaid) amounting to a maximum of 26 times your weekly working hours.
For more information on parental leave, please refer to the CAO-NU Chapter 4, Section 3b.
Applying for parental leave
Parental leave needs to be applied for with the direct manager no later than two months prior to the start of the leave. Please indicate (for both the paid and unpaid leave, if you would like to take up the latter):
- the period in which you would like to take up parental leave;
- the number of hours per week you would like to take up parental leave for;
- the distribution of this leave over the working week.
As soon as the period in which you would like to take up leave, the amount of leave hours desired and the distribution of this leave over the working week are definite, you can download a form for you and your manager to sign. This form needs to be submitted to the Human Resources department of your faculty or unit.