Maternity leave, parental leave, maternity leave and adoption leave

The maternity leave for employees and the unemployed is 15 weeks, divided into 2 periods:

• 6 weeks of prenatal rest (the rest before your expected delivery date);
• 9 weeks of postnatal rest (the rest after your expected delivery date).

You must take at least 1 week of the 6 weeks of prenatal rest before the expected date of delivery. You can convert the remaining 5 weeks into postnatal rest. The postnatal rest always starts from the date of delivery and must last 9 weeks. You can possibly extend the period with the transferable part of the prenatal rest.

The maternity leave for self-employed persons is a maximum of 12 weeks:

• 3 of these are mandatory, of which 1 week is prenatal (before your expected delivery date). You must include the other 2 starting from the date of delivery;
• You can choose to take 9 weeks in periods of 7 calendar days. During these weeks you may carry out your self-employed activities for a maximum of half instead of stopping them completely.

As a working mother, you receive 82% of your gross salary for the first 30 days (no maximum amount). From the 31st day this is 75% of the capped gross salary. The benefit is transferred twice a month.

As an unemployed mother, you receive 60% of the reference wage (amount on which your unemployment benefit is calculated) for the first 30 days, but limited to the amount of the unemployment benefit and the supplement of 19.50% of the reference wage.
From the 31st day, this drops to 60% of the reference wage, but limited to the amount of unemployment benefit and the supplement of 15% of the reference wage. The benefit is transferred twice a month.

The benefit for self-employed mothers is a fixed amount per week. For the first four weeks, that amount is slightly higher than from the fifth week. Do you choose to continue your activities as a self-employed person for a maximum of half of the time for one or more weeks? Lower amounts are then provided.

You can find the exact amounts here .

A first payment is made no later than the 30th calendar day, starting from the first day of maternity leave. This is followed by monthly payments . The amount is always reduced by 11.11% withholding tax.

If your maternity leave is extended by at least 2 weeks after the 9 weeks of mandatory postnatal rest (11 weeks for multiple births), you can convert the last 2 weeks into postnatal leave days.

You can take these days during the first 8 weeks after resuming work, to make the transition more gradual.

• Submit your planning to CM and your employer four weeks before the end of your 9 (or 11) weeks of mandatory postnatal rest.
• Provide CM with a certificate of return to work that has also been completed by your employer.
• Provide CM with a certificate from the employer afterwards with all days of leave taken.

If you do not stop working in time, the maternity leave will be less than 15 weeks. Are you unable to take the mandatory week of prenatal rest or only partially because of the premature delivery? Then you will irrevocably lose the unused days.

Does the birth take place later than expected and have you already taken 6 weeks of prenatal rest? Your prenatal rest will then be extended until the day of delivery.

Because you are obliged to take 9 weeks of postnatal rest, your maternity rest in this case will last longer than 15 weeks.

If you have a multiple birth, you will receive 4 additional weeks of rest and are therefore entitled to 19 weeks of maternity rest.

Does your newborn have to stay in the hospital for more than 7 days? The maternity leave will then be extended by the number of days of admission that exceeds the first 7. In this way, your maternity leave can be extended by a maximum of 24 weeks.

Example : your baby stays in the hospital for 21 days from birth. Your maternity leave will then be extended by 14 days.

If you as a mother are admitted to hospital or die, the father or co-parent can take converted maternity leave.

The duration of the converted maternity leave depends on the status of the mother.

Wage earner or unemployed, when admitted to hospital

• As a co-parent or father, you can take the converted maternity leave from the 8th day after the birth. This is on the condition that your baby is no longer in the hospital.
• The duration of the converted maternity leave is equal to the number of days of maternity leave that have not yet been taken.
• Will the mother be discharged from the hospital before this period expires? Then the converted maternity leave will immediately end.

Wage earner or unemployed, upon death
As a co-parent or father, you can take the converted maternity leave from the day after the death. Its duration is equal to the number of days of maternity leave that have not yet been taken.

Self-employed, upon death
As a co-parent or father, with self-employed status, you can take the converted maternity leave from the day after the death. Its duration is equal to the number of days of maternity leave that have not yet been taken.

When the mother is employed or unemployed
Deliver your CM:

• an extract of the birth certificate or a medical certificate confirming the birth;
• a statement from the hospital that the baby has left the hospital;
• in case of hospital admission of the mother: certificate from the hospital regarding the period of admission;
• in case of death of the mother: death certificate.

You will receive from CM:

• an information sheet: complete it as quickly as possible and submit it to CM. Your employer receives the request for salary data directly from CM. In the event of unemployment, the unemployment service provides the data.
• proof of return to work: return it to CM 8 days after the end of the converted maternity leave.

If the mother is independent, provide CM with a death certificate for the mother and proof that the child is part of your family.

In case the mother is employed or unemployed

• If the mother is admitted: the benefit is 60% of the gross salary or unemployment compensation.
• In the event of the death of the salaried mother: the benefit is 82% of the gross salary (no maximum amount) during the first 30 days and 75% of the capped gross salary from the 31st day.
• In the event of the death of the unemployed mother: during the first 30 days the benefit amounts to 60% of the gross salary on which the unemployment benefit is calculated (reference wage), limited to the amount of the unemployment benefit and a supplement of 19.50% of the reference wage. From the 31st day, the benefit is 60% of the reference wage, limited to the amount of the unemployment benefit and a supplement of 15% of the reference wage.

The benefit is transferred twice a month.

In case the mother is independent

A fixed amount per week is provided. That amount is slightly higher for the first four weeks than from the fifth week. For the week in which the mother dies, the heirs will be paid the full weekly amount. From the following week, this will go to the self-employed person who takes care of the child.

You can find the exact amounts here .

• Both parents are entitled to 4 months of parental leave.
• You can record this until your child is 12 years old. You will receive the compensation via the NEO .

• If the father or co-parent of your child is included on the birth certificate, he or she is entitled to maternity leave.
• If there is officially no father or co-parent, the person with whom you legally live is eligible for maternity leave.
• If you do not legally live together, the person you lived with for at least three years before the birth can use maternity leave.

Fathers and co-parents who are employed and wish to apply for maternity leave must request this from their employer.

• Fathers and co-parents apply for maternity leave from their employer. There is no standard form for this. They only need a copy of the birth certificate extract.
• After approval by the employer, fathers and co-parents can apply for the benefit. It is sufficient to submit this completed application form to CM.
• After the application has been submitted to CM, the father or co-parent will receive an information sheet. Return this completed to CM.
• CM requests wage data directly from the employer.

Fathers and co-parents who are self-employed must apply for maternity leave from their social insurance fund.

Important: you must apply for maternity leave before the end of the quarter following the quarter of the birth.

Fathers or co-parents who are registered as employees are allowed to be absent from work for 20 days after the birth of their child. They do not have to take these days consecutively, but they do have to take them within 4 months after birth.

Self-employed people who have become fathers or co-parents are also entitled to maternity leave. They can interrupt their professional activity for births from January 1, 2023 for a maximum of 20 days (or 40 half days) up to 4 months after the birth.

For the first 3 days, the salary of the co-parent or father who is employed remains the same and the benefit is paid by the employer. Co-parents and fathers receive a benefit from CM for the remaining days (after the maternity leave ends).

This benefit amounts to 82% of the capped gross salary. The benefit is paid out as soon as all days of the maternity leave are taken and CM did receive the information sheet filled out by the member and employer.

If you have any questions about maternity leave benefits for self-employed people, you can contact the social insurance fund.

Yes, both adoptive parents (both employees and self-employed) are entitled to adoption leave when adopting one or more minor children.

Both employees and self-employed persons are entitled to 6 consecutive weeks of adoption leave. You also have the option to extend the adoption leave by 3 weeks. Parents can divide the extra weeks or one of the parents can take the full 3 extra weeks.

In the event of simultaneous adoption of several minor children, the adoption leave is extended by 2 weeks per parent.

Anyone who does not want to use the maximum number of weeks of adoption leave must take at least one week or a multiple of it.

Does the child have a physical or mental disability? The maximum duration of the adoption leave will then be doubled.

Adoptive parents who are registered as employees

• Inform your employer of your adoption leave.
• Provide CM with the completed application form (together with the necessary supporting documents).
• You will receive an information sheet and proof of resumption of work. Complete the information sheet and return it to CM as soon as possible. CM will ask your employer for your salary details.
• No later than 8 days after the end of your adoption leave, you must return the completed proof of return to work to CM.

Adoptive parents who are independent
Provide CM with the completed application form (together with the necessary supporting documents).

Employees
You keep your salary for the first 3 days. For the remaining days you will receive a benefit from CM twice a month. It amounts to 82% of the capped gross salary.
The benefit is paid out on fixed dates, which can be found in the payment calendar for employees .

Self-employed
The benefit is a fixed amount per week . You will receive the full amount from CM no later than one month after the adoption leave, less 11.11% withholding tax.