Why you may not dismiss during parental leave
An employee who takes parental leave is protected against dismissal: the employer may not end the contract unilaterally. According to the RVA, that protection runs from the written request, or the agreement if it concerns a flexible form, until 3 months after the end date of the leave.
Exceptions
The protection does not apply in case of serious cause, nor for a sufficient reason: a reason the court recognises as such and whose nature and cause are unrelated to the parental leave. You must be able to prove that reason.
What is the risk?
If you dismiss an employee in the protected period without serious cause or a sufficient reason, you pay a flat-rate compensation of 6 months' pay on top of the normal notice or compensation in lieu of notice.
What to do
Hold off any dismissal until the protection has ended, unless you have a reason unrelated to the leave that you can back up with documents. Record that reason in writing before you decide.
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Sources
Every amount and deadline on this page was checked against these official sources, last consulted on .