Co-parent birth leave
In this section you can find out more about:
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co-parent birth leave ('congé de naissance' / 'geboorteverlof') for the biological mother's lesbian partner - the partner must be an employee in the Belgian system. Self-employed partners are not entitled to any birth leave.
- situations where the biological mother's maternity leave may need to be transferred to her wife/partner if both are employees in the Belgian system.
Standard co-parent birth leave
Eligibility criteria |
As the co-parent, you are entitled to 'co-parent birth leave', if you:
If the father has declared paternity, the co-parent is not entitled to birth leave. |
Length of leave |
You are entitled to 10 days of co-parent birth leave. This leave is the same length for multiple births. There is no obligation to take this leave. You can take the 10 days leave in one go, or take individual days when it suits you. However, you must use the 10 days within 4 months of the birth, otherwise you lose them. It is not possible to take half-days. Adoption at birth or later If you adopt your wife's/partner's baby:
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Formalities
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At the end of your birth leave, you do not need to do anything - simply go back to work! |
How much am I paid? |
The first 3 days of birth leave are paid by your employer, at 100% of your usual salary. Your mutuelle pays the remaining 7 days, at 82% of your usual salary, with an upper limit. |
Read more in the document 'Clés pour devenir parent tout en travaillant' (French) or 'Wegwijs in werk en ouderschap' (Dutch)
What happens if my wife/partner cannot look after our baby?
There are two situations in which the biological mother's maternity leave can be 'transferred' to her wife/partner if the mother cannot look after the baby:
What happens if the biological mother has to stay in hospital?
If the mother is hospitalised during her maternity leave (applicable to employees), the remaining maternity leave can be converted to birth leave if the wife/partner is also an employee.
When can this happen? |
This 'converted' birth leave can only begin:
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Length of leave |
This converted birth leave can never last longer than the biological mother's remaining maternity leave period. During this time, the biological mother continues to receive her maternity leave pay, and is still protected against being made redundant. |
Formalities
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How much am I paid? |
The mutuelle will then send the wife/partner the paperwork that needs to be completed. The leave will be paid by the mutuelle and is fixed at 60% of the wife's/partner's salary, with an upper limit of around €126 per day (correct as of September 2012). |
What happens if the biological mother passes away?
If the mother dies during her maternity leave (applicable to employees), the remaining maternity leave can be converted to co-parent birth leave if the wife/partner is also an employee.
The father needs to inform his employer in writing within seven days of the mother's death, indicating when he will begin this paternity leave and how long he is likely to be absent.
He also needs to inform his mutuelle of the situation, and provide them with a death certificate and a statement from the hospital indicating that the baby has been discharged from hospital.
Read more in the document 'Clés pour devenir parent tout en travaillant' (French) or 'Wegwijs in werk en ouderschap' (Dutch)