Request for care leave in case of caesarean section

Questioner

Am I entitled to short-term care leave in the event of my wife having a caesarean section? this is stated in the agreement Procedure and regulation Right to leave The employee is entitled to care leave for the necessary care of sick family members. The employee is entitled to leave for necessary care in connection with the illness of a person as referred to in the second paragraph. A person referred to in the first paragraph shall be understood to mean: The spouse, registered partner or person with whom the employee lives unmarried; A resident child with whom the employee has a family law relationship as a parent; A resident of the spouse, registered partner or person with whom the employee lives unmarried; A foster child who, according to statements from the municipal basic administration, lives at the same address as the employee and is permanently cared for and raised by him in his family on the basis of a foster contract as referred to in Article 22, paragraph 1, of the Youth Care Act; A first-degree blood relative, other than a child. The employee is only entitled to this form of leave if the following conditions are met: met: He can demonstrate that there is necessary care for one of the family members; He can demonstrate that only the employee himself and not another person can provide the necessary care; There is no compelling business interest that must override the employee's interests according to standards of reasonableness and fairness. In the case of short-term paid care leave, 70% of the salary will be paid for the duration of the leave, taking into account the minimum wage. Any entitlement to short-term care leave must be determined in consultation with the HR department and the manager. In addition, the HR employee provides confirmation of the agreements and records are kept of the number of days of short-term care leave taken per calendar year. I would like to hear from you... gr

Lawyer

You yourself state the conditions that you must meet, but if you meet those conditions, you are entitled to care leave, but only after your wife has left the hospital, because she receives the necessary care in the hospital, and only if she needs help after she has left the hospital and no one else, for example maternity care, can take on the help, then the employer may refuse leave. Care leave is in any case not intended to save on the costs of maternity care.

Questioner

The maternity nurse is for the mother and newborn baby What should I do with my 1.5 year old daughter? My wife is not allowed to do anything heavy, certainly not the first week. And maternity care is not available all day long. I think it's a strange arrangement and not clear I see a lot of comments on websites saying that you are entitled to it. And now I don't know at all anymore.

Lawyer

According to the rules, care leave is not intended for childcare. Care leave is intended for caring for sick family members. But you can also ask your employer how they deal with this leave. It is possible that your employer will not have a problem with you taking care leave. In any case, you are entitled to 2 days of maternity leave