5 more days of paternity leave than before!
In recent years, there have been many calls for more paternity leave, and it has paid off. In 2021, the number of days was already increased to 15 days of paternity leave. Five more days were added since 1 January 2023. So currently, fathers (or co-parents) are entitled to 20 working days of paternity leave. These twenty days are to be chosen by him within four months from the day of birth. He can take twenty consecutive days, or take these days spread out.
Paternity leave for whom?
This right belongs to the father/co-parent of the child whose parentage is established along his/her side. The same right belongs to the employee who at the time of the birth:
- is married to the person with regard to whom the parentage is established;
- legally cohabits with the person with regard to whom the parentage is established and with whom the child has its main residence, and is not bound by a blood relationship that leads to a marriage prohibition for which the King cannot grant dispensation;
- has cohabited in a permanent and affectionate manner for an uninterrupted period of three years preceding the birth with the person of recognised parentage and with whom the child has its main residence, and is not bound by a blood relationship that leads to a prohibition on marriage for which the King cannot grant exemption. Proof of cohabitation and principal residence is provided by an extract from the population register.
What in the case of a multibirth?
In case of multiple births, the same period applies.
The 20 days are reimbursed, in each situation, as follows:
- Day 1 t.em. 3: the employee retains his full salary at the expense of his employer. However, the newborn father must notify his employer of the birth in advance to be entitled to this pay. If the latter proves impossible, the employee must notify the employer ‘as soon as possible’.
- Day 4 to 20: the employee does not receive any pay. However, he receives benefits through the paymaster of his health insurance fund.
Birth leave for co-parents
In certain cases, we speak of birth leave. Think, for example, of the mother's lesbian partner.
However, one must meet a number of conditions beforehand:
- The child must only have a legal parentage bond with the mother. If there is also a legal tie of descent with a father or co-mother, there is only an entitlement to paternity leave on behalf of the father or co-mother and the co-parent (without a tie of descent) does not enjoy any birth leave.
- The employee (co-parent) must at the time of the birth:
- either be married to the one in respect of whom the parentage is established;
- or be legally cohabiting with the person whose parentage has been established and with whom the child has its main residence and who is not bound by a blood relationship that leads to a marriage prohibition for which the King cannot grant dispensation;
- or has cohabited in a permanent and affectionate manner for an uninterrupted period of three years preceding the birth with the person of recognised parentage and with whom the child has its main residence, and is not bound by a blood relationship that leads to a prohibition on marriage for which the King cannot grant exemption. Proof of cohabitation and principal residence is provided by an extract from the population register.
Again, the 20 days must be taken in the four-month period following the child's birth, however, these days do not have to be taken consecutively.
If the co-parent were to adopt the child, the birth leave taken will be deducted from the adoption leave.
Employment protection
Under certain conditions, employees who exercise their right to paternity leave or birth leave are protected against being fired (Art. 30, §4 Employment Contracts Act).
Thus, the employer cannot terminate the employment contract during a period starting from the time of the written notification to the employer (no later than the first day of the birth leave) and ending five months from the day of the birth, except for reasons foreign to the taking of paternity leave.
If the employee is nevertheless dismissed and the employer is unable to provide evidence to the contrary of reasons foreign to the take-up of paternity leave, the employer shall pay the employee a lump-sum compensation equal to the gross salary for six months, in addition to the severance payment due, if any.
Adoption leave?
You can take adoption leave when you adopt a minor child. This includes:
- up to six weeks of adoption leave for the adoption of a child who is a minor (at the start of adoption);
- every adoptive parent has this (individual) right.
However, in certain cases, these six weeks can be extended. Since 1 January 2019, a new regulation has been in force, increasing the maximum duration of adoption leave by one week every two years. This regulation will continue until 2027, when the maximum duration will be 11 weeks. These extra weeks are freely divisible between both adoptive parents.
If the adopted child is at least 66% physically or mentally disabled or if your child suffers from certain conditions, the maximum duration of adoption leave can be doubled. So then you will have 12 weeks of adoption leave.
In addition, adoption leave can be extended by two weeks if you were to adopt several children simultaneously.
Unlike paternity and birth leave, here you do have to take a minimum period: the leave must last at least a week and be taken per full week.
The days are reimbursed in the same way as paternity/birth leave.
You must give your employer one month's notice. Again, the parent is protected from dismissal.
Also for self-employed fathers/co-parents?
Since 1 January 2023, (for children born after this date) self-employed people are also entitled to these 20 days of leave. During this period, the self-employed father/co-parent will be reimbursed by his social security fund.