
Unpaid leave can offer a solution for employees who want to make a longer trip or take a sabbatical. But what are the rules and consequences of taking unpaid leave? In this article we discuss the most important aspects of unpaid leave and what you should pay attention to as an employee and employer.
Forms of Unpaid Leave
There are two types of unpaid leave that are legally established: parental leave and long-term care leave.
Parental leave:Employees who have had a child are allowed to take up to 26 weeks of parental leave until the child is 8 years old. The first 9 weeks are paid, provided the leave is taken in the first year of the child's life. The remaining weeks are unpaid, unless other agreements have been made in the collective labor agreement or the employment regulations.
Long-term Care Leave:Employees who care for a loved one who has a long-term or life-threatening illness can take long-term care leave. In a period of 12 months, an employee may take 6 times the working hours per week as leave. In principle, this leave is unpaid, but other arrangements can be made.
Approval of Unpaid Leave
Employers may only refuse parental leave and long-term care leave if this is not possible due to compelling business or service interests. For other forms of unpaid leave, such as volunteer work or a long trip, the employer can reject the request. It is important to check the collective labor agreement for agreements on unpaid leave and to be flexible where possible. A good conversation between employer and employee can help to explore the possibilities.
Illness during Unpaid Leave
If an employee becomes ill during paid parental leave, the leave will in principle continue. The employee can request to suspend or terminate the leave, which the employer can refuse if there are compelling business interests. In the event of illness during long-term care leave, a decision is often made in consultation to end the leave. For other forms of unpaid leave, it is wise to make agreements in advance about what will happen in the event of illness.
Holidays and Unpaid Leave
With unpaid parental leave, the employee does not accrue vacation days. With paid parental leave and long-term care leave, the employee does accrue statutory vacation days. For other forms of unpaid leave, no vacation days are accrued because no wages are received.
Pension accrual and unpaid leave
Pension schemes differ per sector and company. It is important to consult the pension insurer or pension fund when applying for unpaid leave and to discuss the consequences with the employee.
Conclusion
Unpaid leave offers employees the opportunity to take time off for personal purposes, such as traveling or caring for a loved one. It is important to understand the rules and consequences and to make clear agreements between employer and employee. By being flexible and communicative, both parties can find a suitable solution.
Source
This news item is based on an article by Salaris This Morning, published on March 18, 2025. For more information, see Salaris This MorningUnpaid leave, what should you pay attention to? · Salary This morning.
