How birth leave is paid, and by whom
Article 30, § 2, of the Employment Contracts Act gives the employee 20 days of birth leave on the birth of their child, to be taken within 4 months of the delivery. During the first 3 days, they keep their pay, paid by the employer. For the remaining days, the health and disability insurance pays them a benefit through their health insurance fund.
Exceptions
Only one employee per child is entitled to birth leave: the parent whose parentage is established, and otherwise the partner who lives with the other parent and with whom the child lives. A mother who takes maternity leave has no birth leave for the same child.
What is the risk?
Pay for the first days is ordinary pay. If you do not pay it on time, that is a level 3 offence under Article 162 of the Social Criminal Code: an administrative fine of € 1,000 to € 10,000, per employee concerned.
What to do
Agree the days with the employee, pay the first 3 days through normal payroll and report the remaining days as birth leave, so the health insurance fund can pay the benefit.
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Sources
Every amount and deadline on this page was checked against these official sources, last consulted on .