EMPLOYMENT FLASH COVID-19: CORONA PARENTAL LEAVE
On Saturday, May 2nd, an agreement was reached in the super-core and subsequently in the Council of Ministers on an additional form of parental leave during this COVID-19 crisis, the so-called ‘corona parental leave’.
This measure should meet the concerns of parents, schools etc. in order to provide additional care now that economic activities will be restarted in phases from Monday the 4th of May as well.
Additional favour
The corona parental leave comes on top of the existing parental leave. It therefore does not affect the credit for ordinary parental leave.
As a reminder, ‘ordinary’ parental leave is a right which exists for employees with at least one year’s seniority which can be exercised until their child reaches the age of 12 (21 years in the case of a disabled child). When parental leave is taken in one period, it may not exceed four months.
Prior consent of the employer required
The corona parental leave can only be taken in consultation with the employer. An application for corona parental leave must therefore always be approved in advance by the employer. An employer can thus refuse such a request, albeit substantiated. After the corona-paternity leave has been approved, an employee can submit his application to the NEO.
Although the government decision has not yet been published in the Belgian Official Gazette, since 1 May 2020 an employee can try to reach an agreement with his employer on taking this corona parental leave. If an agreement is reached, parental leave can, in principle, also start immediately. As long as the decision is not published, an application for ‘ordinary parental leave’ will have to be submitted to the RVA (which will then be converted into corona parental leave).
For whom?
Each parent who has at least one month of seniority with their employer and has at least one dependent child under the age of 12. For parents with a disabled child, the age limit is 21 years. Foster parents can also make use of the corona parental leave.
Modalities
For full-time employees, the corona parental leave can be taken in the form of a 1/5th break (1 day per week). For employees who work at least 75%, this can be taken in the form of a half-time break.
Period
The corona parental leave can be taken between 1 May and 30 June 2020 (either in a continuous period or in several periods of one month / one week).
Benefits from NEO
During parental leave, the employee does not receive any pay from his/her employer. However, he does receive an interruption benefit from the National Employment Office which – according to the Minister of Labour – would be 25% higher than the benefits within the framework of the ordinary parental leave.
Would you like to know more?
Contact the Racine employment team.