Verlof voor zorg en scholing

Abstract

Leave means that an employee works not at all or less, while the contract remains in force. During parental leave, care leave or educational leave, the employee is given time for caring responsibilities or training, but leave usually does not serve the interests of the employer. There are three types of leave arrangements: (1) the right for leave for a specific purpose when the employee meets the requirements, (2) leave saving and (3) leave after a special request when the employee does not fulfill the criterion of the law or of a collective arrangement. The legal framework for this is the standard of a good employer and a good employee.The current study investigates the juridical obstacles of taking leave. The research shows that four obstacles can be identified.Firstly, often employees do not know in advance whether an employer allows leave. This uncertainty is caused by the use of open standards. In the Dutch system an employee is oft entitled to leave after an assessment of interests of the employer and the employee. Therefore, the Dutch system is flexible, but an employee with a private duty is not always sure he can take leave. In Belgium however, the employee is entitled to leave (Tijdskrediet), in case he has fulfilled all conditions of the standard. The Belgian scheme provides certainty, but gives little room for customized solutions.A second obstacle is that generally leave is unpaid, because the employee is in principle not entitled to wages. However, some types of leave are paid according to the law, a collective agreement or an individual agreement. The obstacles of unpaid leave may be overcome by using leave savings as income provisions. Examples are the proposed concept of the so-called Levensloop-WW (life course unemployment act) of Hermans & Pennings (2006) and the proposed Work Budget (Werkbudget, Commissie arbeidsparticipatie, 2008). If the employee is paid during parental leave or training leave, in the case of change of employer a third problem may arise: the ability of the old employer to reclaim salary paid during leave. The limits under which reclaiming salary is legally acceptable are unclear. This may lead to a sense of insecurity for employees.A forth obstacle to take leave is the risk that an employee might be disadvantaged by taking leave. The case law shows that leave can lead to demotion, missing employee benefits, a deterioration of the employment relationship or dismissal. Employees with a temporary contract may fear that the contract will not be renewed.The current standards of leave are unsatisfactory for an employee with family responsibilities and a labour market where it is expected that an employees knowledge is constantly up to date.