Everyone is likely to experience it at some point; a loved one is ill and needs care. Initially, you might think of your partner or children. But it could also be that a good friend needs care. What is arranged for you as an employee to provide care if necessary?
In many situations, it is conceivable that you take care leave. Care leave is special leave that you can take when someone needs care. There are two types of care leave: short-term care leave and long-term care leave. To be able to take the leave, certain conditions apply. The legal arrangement is as follows.
Short-term care leave
You can apply for short-term care leave in connection with the necessary care of a loved one. This includes a partner, (foster) child, a blood relative in the first (for example, mother) or second (for example, brother) degree, someone who lives with you (part of the household), and for the person with whom you have a social relationship in another way. Whether you have a social relationship with someone will depend on the specific situation. Care leave can therefore also be requested for family members.
It must always be necessary care, which means it will be assessed whether you are the designated person to provide the care. Your employer may ask for proof.
The duration of the leave per year is a maximum of twice the working hours per week. If you have a 38-hour contract, you may take up to 76 hours of leave. You must notify your employer of the leave as soon as possible, always do this in writing. When applying, you also indicate how you wish to take the leave, for example, one day per week or two consecutive weeks. During the care leave, you receive 70% of your salary.
Long-term care leave
Following the short-term care leave, long-term care leave can be requested. This is without continued salary payment. This leave can be taken for a sick (life-threatening) or dependent loved one. These are the persons for whom you can also apply for short-term care leave. In a year, you can take up to six times the working hours per week. You must notify your employer in writing at least two weeks in advance. Here too, you immediately indicate the reason and manner of taking the leave.
For both short-term and long-term care leave, the employer cannot simply refuse the request. This is only allowed if the company experiences serious problems due to the leave.
The legal arrangement can be deviated from in a CLA. This can be done to the advantage or disadvantage of the employee. It is therefore always important to consult the applicable CLA. The CLA hospitality does not contain any deviating provisions.