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To complete a parental leave form, you clearly record all the information required for a correct leave application: the child, the desired period, the number of hours, the start date, and the employer's response. Because parental leave is a statutory right that cannot be refused, a good form focuses primarily on clear completion and a verifiable agreement. Below, you can read exactly what should be included and what to look out for.
The short answer
- Objective: To record the leave request and the agreements in writing and in full.
- Core: child, leave period, hours per week, start date and employer's response.
- Legal framework: the right derives from the Work and Care Act (Wazo).
- Paid portion: indicate whether the first 9 weeks are applied for via the UWV.
- Time limit: in principle, the application is submitted at least two months in advance.
Filling out a parental leave form: what it's all about
Drafting a parental leave form prevents ambiguity. The employer cannot refuse the leave but may modify its arrangements within legal limits in the event of a compelling business interest. This is precisely why it is important that the desired leave and the final agreement are in writing. A complete form ensures that both parties know what applies and that any counter-proposal from the employer is recorded in a verifiable manner.
What must be included?
When completing the parental leave form, include at least the following sections:
- Employee details: name, position and employment status.
- Child's details: name and date of birth, so that the age limit of eight years can be verified.
- Leave entitlement: the number of hours to be taken, within the limit of 26 times the weekly working hours.
- Period and distribution: start date, end date, and distribution over the week.
- Paid leave: or the first 9 weeks in the first year of life are handled through the UWV.
- Employer's response: room for agreement or a motivated counter-proposal.
Also include a dated signature. This establishes when the application was submitted, which is important for the two-month period and for the four weeks the employer has to potentially make a counter-proposal.
Pay attention to the legal limits
When drafting the form, it must not conflict with the Wazo. Important points to consider:
- The right to 26 times the weekly working hours is fixed and may not be restricted.
- The employer may only change the inclusion in the event of a compelling business or service interest, not without justification.
- The paid portion of 9 weeks applies only to admission during the child's first year of life.
- A collective labor agreement may contain more favorable rules; those take precedence.
A form that restricts the right to leave or grants the employer a right of refusal is void on those points. Therefore, keep the text clear when recording the details and agreements.
A practical example
A practical example. A manufacturing company with twenty employees created its own form on which employees entered their desired leave days, and the employer subsequently responded. When a team leader requested leave on the two busiest production days, the company used the response field to propose a different distribution with justification. Because the justification and the consultation were recorded on the form, the counter-proposal was verifiable, and no dispute arose afterwards.
Honest recommendation
In many cases, you do not need a lawyer to draft a parental leave form. As long as you respect the legal framework of the Wazo and include the core components, you can create a usable form yourself. For a standard leave application without complications, a well-structured template suffices.
Do have the form legally reviewed in special situations: when you are considering invoking a compelling business interest, when your collective labour agreement deviates from the statutory regulations, or when disagreement is imminent regarding payment or inclusion. In such cases, a reviewed form prevents you from unintentionally using a void provision or making a counter-proposal that does not hold up legally.
Want to know more or need help? View our page about a parental leave form, first read what a parental leave form is , and discover when you might consider having a parental leave form drawn up .
Frequently Asked Questions
In any case, the details of the employee and the child, the amount of leave within 26 times the weekly working hours, the start date and distribution, an indication of whether the paid portion is handled through the UWV, and space for the employer's response with signature and date.
Yes. As long as you respect the legal framework of the Work and Care Act and include the core components, you can create a usable form yourself. For a standard leave request without complications, a well-structured template suffices.
The right to 26 times the weekly working hours may not be restricted, and the employer may not be granted the right of refusal. He may only modify the leave entitlement in the event of a compelling business interest. A collective labor agreement may contain more favorable rules, which then take precedence.
That is sensible. The first 9 weeks are partially paid via the UWV, provided they are taken within the child's first year of life. By mentioning this on the form, it is clear which part is paid leave and which part is unpaid.
The date establishes when the request was made. This is important for the two-month prior period and for the four weeks the employer has to potentially make a reasoned counter-proposal regarding the arrangement of the leave.
A provision that restricts the right to parental leave or grants the employer a right of refusal is void on that point. Therefore, keep the text pure when establishing the details and agreements, without infringing upon statutory rights.
Yes, but only with justification and in the event of a substantial business interest. He must submit a counter-proposal within four weeks of the application and record this after consultation. The response field on the form is the designated place for this.
