On Friday 14 December 2017, the draft bill n°7060 was passed in the Chamber of Deputies, modifying several types of special leave as of 1 January 2018:
Fathers can benefit from a 10 days special leave for the birth of a child, respectively for the reception of a child under the age of 16 in case of adoption. This leave is splittable, but must be taken within the 2 months which follow the event at the origin of the leave. In principle, the employee may choose the dates of the leave, except the company has opposite needs. In case of disagreement between the employer and the employee, the leave must be taken at one time and immediately after the birth, or the reception of a child under the age of 16 in case of adoption.
The employee has to respect a 2 month notice period before the leave. He has to make his leave request in writing with a copy of the medical certificate containing the date of the presumed childbirth, or a certificate for the reception of a child under age 16 for adoption.
In the absence of notification within the prescribed period, the leave may be reduced to 2 days by decision of the employer. Due to the two-month notice period by the employee to the employer, the first recently modified leave can not be taken until March 1, 2018.
From the third day on the leave will be financed by the State budget.
The request for reimbursement of the salary is sent by the employer, with supporting documents and, under pain of foreclosure, within five months from the date of birth or reception of a child under the age of 16 for adoption by the Minister having work in his or her attributions.
The law determines the number of leave for family reason according to the child’s age. From January 1st 2018, the law foresees 12 days for a child between 0 and 4 years; 18 days for a child between 4 and 13 years; 5 days for a child hospitalized between 13 and 18 years.
From January 1st 2018, postnatal maternity leave is of 12 weeks for all women, regardless of the breastfeeding.
Every employee can always aspire to 2 days in case of removal, but over a period of 3 years with the same employer.
Marriage and partnership leave
On 1st January 2018, the employee will have 3 days of leave for marriage, and 1 for partnership, against 6 today.
Gaëlle Lipinski, Legal Adviser at the ABBL