Rights in case of illness and parental leave?

Questioner

Contract of 32 hours per week, enjoyed parental leave 8 hours per week on Mondays. Unfortunately, on December 14, 2021, I became seriously ill, but I have since recovered. On the advice of HRM, parental leave for the summer of 2022 has been suspended. Since September I have been building up my work again and I have agreed to take leave on Monday instead of resuming parental leave. This is due to an enormous amount of hours. The amount is so enormous (around 300 hours) that I will also use these days of leave on Monday next year. The policy of my employer is that you do not pay for leave, but that you have to take it. In the meantime I think I have recovered, however my employer now refuses to report me completely better, because of this one day of leave. I also did not get paid for this day of leave and they do not intend to pay it 100%. They indicate that they only want to report me better when I have worked 32 hours for 2 months. However, I do not have childcare on Mondays and the waiting lists are long. The deal was also that I would take leave and suspending it means, in my opinion, that this can be resumed. What is the best thing for me to do in this case? Report better, reclaim vacation leave (because it was not paid) and take parental leave? Or do you have other suggestions?

Lawyer

It seems like there is a complicated situation here and perhaps a misunderstanding between you and your employer about how illness, parental leave and regular leave interact. First, during illness, the salary must be largely paid by the employer, typically 70% to 100% for up to two years depending on the employment conditions, but not below the minimum wage. Secondly, as regards parental leave, the right to parental leave continues during illness and can also be taken during illness. It can also be suspended, but this usually requires your consent and consultation between you and your employer. In principle, however, parental leave can be resumed once the suspension has been lifted. It seems that your employer indicates that you will only be reported better when you are working your full contract hours again. The period of 2 months seems to be an internal guideline of the employer and is not based on the law. You have the right to disagree with the opinion of the company doctor. In such a complex situation, it may be wise to consult a legal advisor to gain full clarity on your rights and options in this situation. Remember that the principles outlined above are general rules and the details of your specific situation may play a role. Your employer may be required to give you better notice and possibly pay back wages, but only a legal expert can determine this with certainty based on all the details of your situation.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.