Labor matters

What do I need to know about flexible employment contracts and parental leave?

Employees with a flexible contract, such as a zero-hours or min-max contract, are also entitled to parental leave. You may not simply refuse this. However, the calculation of the leave is handled slightly differently for flexible contracts. Right to parental leave Employees...

Published on July 30, 2020 by MKBjuristen.nl
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Employees with a flexible contract, such as a zero-hours or min-max contract, are also entitled to parental leave. You may not simply refuse this. However, the calculation of the leave is slightly different for flexible contracts.

Right to parental leave

Employees are entitled to parental leave for children up to the age of eight, provided the conditions are met. In the case of twins or triplets, leave is granted per child. This entitlement applies regardless of whether an employee has a permanent or a flexible contract.

Also for zero-hour and min-max contracts

A flexible contract does not exclude parental leave. In principle, an employee with a zero-hours or min-max contract has the same rights as other employees. You cannot refuse the leave because someone works flexibly.

The calculation proceeds differently

The duration of parental leave depends on the working hours. For a flexible contract without a fixed number of hours, the calculation is often based on the average number of hours worked over a specific period. Calculate this carefully to avoid disputes.

Paid parental leave

Part of the parental leave is now paid via a benefit from the UWV, provided the conditions are met. The exact duration and amount of this benefit may change; check the current regulations. (Coordinate the implementation with your payroll department.)

Frequently Asked Questions

Is an on-call worker entitled to parental leave?

Yes, in principle the same rights as other employees. You cannot refuse it because of the flexible contract.

How do I calculate leave under a flexible contract?

Often based on the average number of hours worked over a specific period. Calculate this carefully.

Is parental leave paid?

Part of the amount has already been paid via the UWV, subject to conditions. The duration and amount may change; please check the current regulations.

Want to manage leave and flexible contracts properly?

Our legal experts advise and draft the appropriate employment contract or on-call contract . View our employment lawteam or schedule a free consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

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A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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