Additional Birth Leave: Your Rights as a Partner in Leiden
In Leiden, as the working partner of a mother who has given birth or a parent in a multi-parent family, you are entitled to additional birth leave. This statutory right allows you to take five extra weeks off after the birth of your child, in addition to the basic birth leave. The purpose is to strengthen the bond with your child and provide support during the postpartum period. Payment is provided through a UWV benefit, offering financial stability. For local advice in Leiden, contact Het Juridisch Loket Leiden.
What Does Additional Birth Leave Mean for Residents of Leiden?
Additional birth leave is a special provision within parental leave for partners after the birth. It follows directly after the basic birth leave of one workweek, which is fully paid by your employer. The additional leave comprises a maximum of five workweeks and must be taken within six months of the birth. Introduced to more fairly divide care between parents, this provision is especially useful in the vulnerable first months. In Leiden, with its young families and university community, it helps many working parents balance work and family life.
In practice, a partner—such as a father or the non-birthing parent in a lesbian couple—can spend time with the child and their partner. The leave is flexible: you can split it into parts, as long as the total does not exceed five weeks. You qualify only if you are also entitled to basic birth leave. For specific questions about application in Leiden, such as with local employers, consult Het Juridisch Loket Leiden.
Legal Basis for Additional Birth Leave
The additional birth leave provision is laid down in the Work and Care Act (Wet arbeid en zorg, Work and Care Act), specifically Article 7:634a of Book 7 of the Civil Code (CC). This Act has been in place since 2019, and as of 1 August 2022, the additional leave has become paid through a UWV benefit. Previously unpaid, you now receive 70% of your maximum daily wage (up to 70% of the daily wage at the maximum wage for payroll tax purposes).
This Act protects working parents throughout the Netherlands, including in Leiden. Employers in the region may not refuse a leave request if submitted at least two months in advance (or earlier in unforeseen circumstances). During the leave, your job and employment conditions remain intact. Upon return, your employer must reinstate you in the same or an equivalent position. In case of disputes, you can approach the District Court of Leiden in Leiden.
Rights and Obligations for Additional Birth Leave in Leiden
Your Rights
- Taking the leave: Entitlement to five extra workweeks, combined with one week of basic leave, totaling six weeks.
- Financial support: UWV pays 70% of your salary based on your maximum daily wage; employers do not contribute.
- Protection against dismissal: Protected from dismissal during and shortly after the leave, except in extreme cases such as bankruptcy.
- Flexibility: Take it in one block or in parts, within six months of the birth.
Your Obligations
- Request to employer: Submit a written request specifying the birth date and desired dates.
- Application to UWV: File a claim within two months of the birth, including an employer's statement, for the benefit.
- Return to work: Notify your employer at the end of the leave and resume work.
- Communication: Inform your employer of any changes, such as earlier uptake.
Failure to meet these obligations may result in loss of benefits or an employment dispute. For assistance in Leiden, visit the Municipality of Leiden website or Het Juridisch Loket Leiden for free legal advice.
Practical Examples for Residents of Leiden
Suppose your child is born on 1 January at the LUMC in Leiden. You take basic birth leave from 1 to 7 January. Then you schedule five weeks of additional leave from 1 February to 4 March. Apply to your employer and UWV; you will receive approximately €200 per day (depending on income), or €1,400 per week.
In a multi-parent family with two fathers through surrogacy, the non-surrogate parent can claim the full leave. This suits the inclusive family forms in diverse neighborhoods like Leiden-Noord.
Self-employed individuals in Leiden have no employer-based leave but can apply for UWV benefits if they meet employee criteria. For local support for freelancers: check the Municipality of Leiden for family arrangements.
Comparison of Basic and Additional Birth Leave
| Aspect | Basic Birth Leave | Additional Birth Leave |
|---|---|---|
| Duration | 1 workweek | 5 workweeks |
| Uptake Period | Within 4 weeks of birth | Within 6 months of birth |
| Payment | 100% by employer | 70% via UWV benefit |
| Application Deadline | At least 2 months | At least 2 months |
| Flexibility | In one go | In parts possible |
This comparison shows how basic leave is immediate and short, while additional leave enables more extended care—ideal for families in Leiden.
Frequently Asked Questions about Additional Birth Leave in Leiden
Can I combine additional birth leave with other types of leave?
Yes, it can be combined with the mother's maternity leave or adoption leave. It may not overlap with basic birth leave but supplements it. For local advice: Het Juridisch Loket Leiden.