Care leave and wages during illness | Legal aid centre

Questioner

My granddaughter has breast cancer. She is 33 years old. She is single and the only child of my daughter (also single). Due to all the misery she has taken care leave and her vacation days. Now she has not received a salary because that care leave has suddenly become paid leave. My daughter is a veterinarian employed by NVWA.

Lawyer

An employee can take care leave for the necessary care of a sick child or sick partner. This must then concern a child who still lives at home or a partner with whom the employee lives. Care leave can also be taken for the necessary care of a sick father and mother. For these blood relatives, the requirement that the employee lives with them does not apply, as it does for a child or partner (art. 5:1 WAZ). The care leave is a maximum of twice the working hours per week. This means that an employee who works three days of 8 hours per week can claim 48 hours of care leave (3 x 8 hours x 2). The employee does not have to take these 48 hours consecutively, as the employee can also work part-time for a short period. For example, by taking the leave one day per week. The employee can only apply for leave if the above circumstances apply (necessary care for a sick person). When an employee is entitled to care leave, it is checked whether this right has already been applied for in the last 12 months and whether the maximum duration has already been reached. The employer pays 70% of the salary for the hours that the employee takes care leave. The employer must ensure that the employee receives at least the minimum wage for those hours. The salary that must be paid also has a maximum, namely no more than 70% of the maximum daily wage. Employees who therefore earn more than the maximum daily wage will receive 70% continued payment, to be calculated on the daily wage that is used to determine the premiums for employee insurance due (70% of € 194.85 = € 136.39 in 2013)(4.5.1.) (art 5:6 WAZ) If you wish, you may contact me directly.