CRADLE: longer leave for partner upon birth of child

In economically good times, the government cannot afford to lag behind in implementing measures that are favourable to employees. In this context, the Act on the Introduction of Additional Maternity Leave (hereinafter: WIEG) will apply from 1 January 2019. The standard two-day maternity leave will be abolished as of that date. It will be replaced by maternity leave. This new legislation is the result of the legislator's objective to make a positive contribution to the development of the bond between the partner and his or her child. In addition, the aim is to strengthen the labour participation of women and to create a more balanced balance in the division of labour and care tasks in the family. The WIEG provides for a gradual expansion of leave for the birth of a child.

Mr. Tjeerd Hoekstra Lawyer at CMS

Maternity leave

Under the old legislation, partners were entitled to two days of paid maternity leave after the birth of a child, regardless of the weekly working hours. For partners who work more than two days a week, the number of days of leave has been increased. The duration of maternity leave has been set equal to one time the weekly working hours. In this way, an employee with a full-time employment contract is entitled to five days of maternity leave. Maternity leave is paid leave and must be taken within four weeks of the birth of the child. This may be taken at once, but the employee can also choose to spread the leave over the four-week period.

The maternity leave starts on the day after the day of delivery. On the day of delivery, a partner is entitled to emergency leave. The maternity leave follows the emergency leave.

If deviating agreements on maternity leave are included in a collective labour agreement or an arrangement with the works council or staff representation, these agreements will remain in force until the end of the term, but no later than 1 July 2019. The WIEG will set aside any deviating agreements from that date.

Additional maternity leave

From 1 July 2020, it is possible for a partner to take additional maternity leave after the maternity leave described above. This right applies to children born on or after 1 July 2020. The employee is then entitled to additional maternity leave of five times the weekly working hours. This leave must be taken within six months after the birth of the child and is unpaid leave. During the additional maternity leave, an employee is entitled to a benefit from the UWV amounting to 70% of the (maximum) daily wage. The employer may change the manner in which the additional maternity leave is taken if compelling business or service interests justify this.

Extension of adoption and foster care leave

Finally, the WIEG extends the right to adoption and foster care leave from four to six weeks. Employees retain the right to four weeks of adoption or foster care leave with the right to wages. For the two additional weeks of leave, the employee receives a benefit from the UWV amounting to 100% of the (maximum) daily wage. The amended scheme only applies to children whose actual admission takes place on or after 1 January 2019.

The WIEG is intended to make more and longer maternity leave for partners more normal, according to the Minister. It is now up to employers to implement the WIEG in their HR policy and for employees to start using these leave options.

FHI members have access to various model agreements. In the updated Framework Employment Conditions Agreement (RAO) the CRADLE has been taken.