Parental leave in the context of a career break (Royal Decree dated October 29th, 1997)

Principle

The Royal Decree dated October 29, 1997 created a right to a parental leave as part of a career break.

The types of leave (Total suspension, part-time, 1/5th of the time?)

Whether you are employed full-time or part-time, you can completely suspend the execution of your contract of employment during a period of three months maximum, this period of three months can be split by months. You can apply for 1, 2 or 3 months.

If you are employed full-time, you can work part-time for a period of six months. The period of six months can be split into months. You can apply for 2, 4 or 6 months.

However, the application must be for a period of two months or a multiple of this figure.

If you work full-time, you have the right to reduce your working hours to a fifth-time during a period of 15 months. This reduction of work may be divided into months. Nonetheless, each application must be for a period of five months or a multiple of this figure. You can apply for 5, 10 or 15 months.

The transition from one type of parental leave to another is possible. Thus, one month suspension of the contract of employment is equivalent to two months of part-time work and five months of one fifth work. On each occasion, the minimum period of leave must be respected.

Conditions towards the child

At the birth of a child

You can benefit from this particular type of complete or partial career break so as to take care of your child until his/her 12th birthday at the latest. The child must have reached the age of 12 years-old during parental leave at the latest.

When adopting a child

You are entitled to a parental leave as from his subscription as a household member in the population register or the register of foreigners in the town where you live, as long as the child has not reached the age of 12 years-old.

Conditions towards the worker

You can claim the right to a parental leave if, during the 15 months preceding the written notice to your employer, you have been bonded by a contract of employment for at least 12 months.

Prior notice to your employer

You must notify your employer at least two months and not more than three months in advance, preferably by registered mail, in which are stated the type of parental leave , the planned start and end date.

In addition, you must provide evidence of the birth or adoption of the child no later than when the parental leave shall begin.

When the leave is split, you must apply separately for each period of leave.

Financial compensation

During parental leave, you are entitled to increasing terruption allowances paid by the National Employment Office (ONEM – Office National de l’Emploi). You must apply for the career break allowance through the form C61- FS, which must be sent preferably by registered mail to the Career Break Service (Service Interruption de Carrière) of the ONEM office belonging to your hometown.

Complete career break (gross income)

Full-time Part-time

€ 726,85  €726,85€ x (number of not worked hours /number of hours in a full-time)

Reduction to a part-time (montants Réduction d' 1/5 bruts)

< 50 y.o.      50 ans and older    < 50 y.o.      < 50 ans (alone**) 50 ans and older

€ 363,42 €          € 616,45              123,29 €      165,806 €              246,58 €

>

These amounts are applicable from September 1st, 2008. For part-timers, these amounts are calculated proportionately.

** “Alone” means a worker who lives with one or more children under his care. The beneficiaries of this measure may receive allowances from the National Employment Office. Several possibilities to transfer from one formula to another are allowed.

Refusal of the employer

Your employer can not refuse your leave request.

Postponement of leave

Your employer can –during the month following the written request- postpone the start of your leave for reasons related to the organisation of the company. He is to notify you in written about this decision. This possibility of postponement is limited to 6 months maximum.

Protection against redundancy

You are protected against redundancy whether you stop your work or reduce your working hours.

Your employer can not make you redundant during the leave period except for a serious or sufficient cause which is unrelated to the leave request (e.g. for economic reasons or because of the quality of your work).

This protection starts on the day of the written request and ends three months after the career break.

This protection starts on the day of the written request and ends three months after the career break.