One of my colleagues is pregnant. Just a few more weeks and she will go on maternity leave. Sometime in November, she and her partner are expecting their first child. For my colleague, it has been arranged decades ago that she can take leave during and after her pregnancy. Since ‘recently’, it is also possible for the partner to enjoy the first time of the new baby….
From 1 August 2022, the government has decided, that after the birth of the child, the partner is entitled to additional birth leave.
How many days of birth leave will I get?
In any case, you are entitled to 5 working days of 100% paid birth leave. After that, you are entitled to 5 weeks of additional birth leave. This leave can be taken until the child is 6 months old and is paid at 70% (up to 70% of the maximum daily wage). If there are more extensive agreements in your collective agreement on the length and reimbursement of birth leave, these apply in addition to the statutory regulations.
How do I apply for birth leave?
You request birth leave from your employer. Indicate on which days you want to take birth leave. This leave must be taken in at least the first 4 weeks after the birth. Make the request as soon as possible so that your employer can take it into account. You may do this verbally or in writing.
Continued payment of birth leave
Your employer will continue to pay your salary during the first 5 days of birth leave. He may not deduct the days you have birth leave from your holidays.
Additional birth leave
From 1 July 2020, as a partner, you are also entitled to 5 weeks of additional birth leave. During this leave, you will not receive a salary from your employer, but a benefit from the UWV. The benefit amounts to a maximum of 70% of the maximum daily wage. You must take the additional birth leave in the first 6 months after the birth. However, you must first have taken the birth leave of 5 days. After that, the additional leave can start.
How do I apply for additional birth leave?
You apply for supplementary childbirth leave at least 4 weeks before you want this leave to start. You do this by letter or e-mail. Indicate when you want to take the leave, how many whole weeks of leave you want and how many weeks you want to spread this leave over. For example, you can take 3 weeks leave – 15 working days if you work 5 days a week – but you can also spread these 15 working days over 10 weeks.
Paid parental leave from August 2022
From August 2022, both parents will be paid 70% for 9 weeks of parental leave during the child’s first year of life.These 9 weeks of paid leave are in addition to the 16 weeks of maternity leave for the mother and 6 weeks of birth leave for the partner.
See also our whitepaper: New Regulation Paid Parental Leave
As a self-employed person, am I entitled to birth leave?
As a self-employed person, you are not entitled to birth leave. Birth leave is a right for salaried employees. As a self-employed person, you can determine your own working hours and leave. During your leave, you must provide your own replacement income. This is part of being self-employed.
In fact, someone who offers himself or herself as a self-employed person for services with a client does not pay employee insurance, which is necessary to claim the so-called birth leave.
Whether my colleague’s partner will also make use of the right to birth leave, I don’t know. In any case, I wish my colleague a good time during her maternity leave and, above all, a very successful delivery.
AAme salary advisers offers advice and support on applying for birth leave. Especially for additional birth leave, which needs to be applied for through the UWV, AAme Salary Advisers is willing to offer advice and support in this, so that you can enjoy your little miracle in the coming time with peace of mind!
W. (Wesley) Hameeteman
Salary Administrator (present: mo. to fr.)
+31 (0)15 820 00 63