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General
With due observance of article 4.7 paragraph 3 of the Collective Labor Agreement governing Dutch Universities (CAO NU), the employer can now determine additional rules in concurrence with the local consultative body.
Upon the request of the employee, a vacation with pay is granted insofar that this does not conflict with the interests of the employer. In a single year an employee is permitted to take as many hours of leave as are in the balance of leave and which is permitted with respect to company interests. Leave is entered as a unit of minimum 1 hour.
The employer may grant the employee un-requested vacation, unless this goes beyond the scope of reasonableness and fairness.
Leave entitlements
As of January 1, 2009, all TU/e employees who are fully employed and work 38 hours are entitled to 232 hours of leave per calendar year.
Furthermore, the number of hours of leave can be influenced by the employee's age and the selected working hours (with respect to the 'Regulation for choice of working hours': See the Selection Model governing Employment Conditions at TU/e).
Selecting one's working hours is optional for employees appointed for 0.5 FTE or more (50% or more in full-time employment) and who are permitted to participate in the Selection Model governing Employment Conditions (Dutch: KAV), with the exception of participants in the Senior Staff Scheme.
For those who do not have the choice of work duration, the applicable calculation base for balance of leave is the 38-hour work week (2009: 232 hours).
For student assistants and part-time employees who in 1998 have opted for a salary raise instead of extra ADV, the calculation base for the balance of leave in 2009 is 176 hours.
Age-related hours
The number of hours of leave is increased upon reaching a certain age. The age that one becomes in the particular calendar year is the determining factor (see table below).
(The age-related increase does not apply to participants in the Senior Staff Scheme)
Age Increase in full-time employment
18 and younger 24 hours
19 16 hours
20 8 hours
21 to 29 --
30 to 39 8 hours
40 to 44 16 hours
45 to 49 24 hours
50 to 54 32 hours
55 to 59 40 hours
60 and older 48 hours
As of 1-1-2006 employees who were born before 1-1-1950 surrender 16 hours of leave per year on a total of the aforementioned agreements in connection with the increase of the end-of-the-year bonus and the maintaining of FPU (Flexible Pension Scheme) rights (CAO agreement 2006). This does not apply to participants in the Senior Staff Scheme and for those who are not entitled to FPU rights with connection to not meeting the ABP transitional provisions for FPU, in other words, not complying with the 10-years requirement or uninterrupted employment in an ABP-related appointment since 1-4-1997.
The number of hours of leave for persons who are not fully employed is determined in proportion to the number of hours that apply to entitled persons who work 38 hours (= full-time employment). With recalculating the leave balance, the outcome is rounded off to the hour upwards.
If in the course of a calendar year there are changes in the employee's working hours percentage, the leave balance is recalculated proportionately over the specific year.
In the case of an employee who leaves work or is dismissed, the leave entitlements are determined proportionately to the number of months in which he/she was employed.
In the case of an employee who has not actually worked for more than one month, the leave entitlements are decreased proportionately.
This decrease is not applied in the following situations:
24 hours of leave are set aside for the Christmas and New Year period when the university is closed. This rule applies until 2020.
*Part-timers surrender the following with respect to closing times: Part-time percentage x 24 hours.
*The calculation for employees on parental leave is not according to the scope of employment, but according to the scope of working hours because they are already benefiting from another form of leave.
Example: An employee with 100% employment receives 1 day per week for parental leave and therefore works 80%. During closure at Christmas/New Year, the employee surrenders 80% x 24 = 20 hours.
Surrendering leave for bridge days:
The number of hours of leave surrendered for a bridge day is % of the hours that a person works on that day according to his/her work pattern.
Around Ascension Day: 100% of the working hours on Friday are surrendered as leave days
Around April 30 and May 5:
The number of bridge days is stated in the TU/e Employment Conditions, article 8.3 'Days closed…'
http://w3.tue.nl/nl/diensten/dpo/arbeidsvoorwaarden/tue_arbeidsvoorwaarden/werktijden/#c4713
If for reasons that are considered urgent and important by the employer, a vacation that was already granted is cancelled, the employer shall have to compensate the employee for any ensuing financial damage as a result of this.
1. In the event of less than 6 months of sickness, the leave balance is not decreased.
After 6 months of uninterrupted* sickness, 1/12 part of the total granted annual leave balance is deducted for each subsequent full month of sickness. In the case of sickness related to pregnancy and maternity leave, the 6-month period begins after the determined maternity leave period.
In the event of partial occupational disability after 6 months, the leave is built according to the proportional occupational ability or disability.
*Note: For determining a 6-month period, the sickness periods that follow each other with interims of less than one month are all tallied together.
2. An agreement made preceding the first sickness day about the specification of flexible working hours remains in force in the event of long-term illness or occupational disability, even if the term of the agreement is exceeded during the illness or disability period. Settling the agreement related to the hours of leave is limited to 6 months following the first sickness day.
Maximum 80 hours of leave may be transferred to the following year.
Part-timers are permitted to transfer part of the 80 hours (proportionate to the scope of their employment).
Note: Part-timers who have a problem accruing enough hours for a long-term leave, for example with a partner who has accrued more hours per year, can request from the management to work more hours per year in order to make the required days available. However, no more than 80 hours can be 'accrued' and transferred to the following year.
Phasing-out arrangement of reserves
An agreement about a surplus that still existed in 2004 should have been made already between the employee and management according to the existing Phasing-out Arrangement. The allocation of these hours is therefore recorded (e.g., saving for a sabbatical; 8 hours / week less work, etc.). Consequently, these hours cannot be allocated once again and/or for a different purpose. Additional agreements can no longer be made.
See the Selection Model governing Employment Conditions at TU/e
On January 1 of each year, the number of non-allocated hours of leave from the previous year that exceed the 80-hour limit are cancelled. The 80 hours apply proportionately to the type of employment arrangement.
Basic principles
According to article 8.2 of the CAO, an employee who at the end of his/her employment contract can prove that he/she has accrued earlier vacation or leave entitlements, and is not provided the opportunity by the employer to use these, is entitled to have these entitlements paid out.
The basic principle in the TU/e is that hours of leave should be used before the end of employment and that the employer shall give the employee the opportunity to do so.
All this is to prevent paying out leave entitlements, and thereby cause an additional financial burden for the employer.
An employee who opts not to use the opportunity offered for using the leave entitlements before leaving employment is not entitled to a payout of the leave balance.
Unforeseen circumstances
There are however unforeseen circumstances in which the employee has no choice, such as death or finding him/herself in a situation of permanent full occupational disability.
In these cases, the following leave balances can be paid out:
Decision
The Managing Director/Head of Services decides about the right to payment.
Value of 1 hour = 2009: 0.704% of the CAO monthly salary in case of full-time employment (without allowances, etc.) according to article 5.7 of the CAO NU (this includes the vacation allowance and end-of-the-year bonus).
1. During illness, vacation can be granted only if the employee asks that of the employer.
The party involved cannot be forced to take a vacation in this situation.
In general, no vacation hours may be deducted with regard to a disabled employee who goes on vacation after the company medical officer had declared that there is no medical objection against the intended vacation and after competent authorities have given their permission (TAR 1989, No. 211).
2. If due to illness, an employee is prevented from performing part of his/her daily working hours, permission is also required. It must be mentioned here that in such cases whole hours from the vacation balance must be written off. No hours shall be deducted from the hours that the employee is already using for leave due to occupational disability (TAR1989, No. 213).
In cases where the employee becomes sick while on vacation, the following position is taken with respect to vacation balance.
If the employee makes a reasonable case of the fact that if a vacation was not granted, he/she would have anyway been prevented from working due to sickness, then the hours that were not used during the vacation - as a result of sickness - are not considered vacation hours that were granted. The following must be observed is such cases:
1. An employee who is on vacation in the county (in the Netherlands) shall have to report sick immediately and report his/her recovery as stipulated in the procedure regarding sickness and recovery notifications.
2. An employee who is abroad on vacation shall have to produce a medical declaration concerning his/her sickness, which will have to be submitted immediately to the company medical officer upon the employee's return.
In both cases the hours in question are compensated unless the employer decides otherwise, based on the advice received from the company medical officer.
Pursuant to article 4.9 of the CAO holidays such as New Year's Day, Good Friday, Easter Monday, May 5th, Ascension Day, Pentecost Monday, Christmas Day, Boxing Day (second day of Christmas) and Queen's Birthday are in principle non-working days. I
f in the best interest of an organization, this is not possible, then work is permitted on these days.
No hours of leave are surrendered during these holidays. That means that employees - based on the agreements made regarding their working hours - who do not work or work partially are not allowed to take the free hours on another day.
1. Special days of leave are always directly related to the hours of work on the actual working days in which the leave is granted. Therefore a special leave for someone who actually works 8 hour per day will mean eight hours of leave on that particular day.
For someone who works 4 hours per day, the day of leave means 4 hours of leave, etc.
2. Unless the interests of the organization come in conflict, a special leave with full salary is granted in the following cases:
Note: The leave stated below is granted in principle on the occasion of and on the day(s) in which the stated events occur and, if this concerns more than one day, directly before or after the day(s) in which the stated events occur.
If certain events, as mentioned below, occur during the weekend, on a holiday or on a day which is officially a non-working day, then no special leave is granted at another point in time.
a. Exercising the right to vote: If a person cannot vote outside of his/her working hours (taking into account the opening times of the polling station and the traveling time of the person involved, as well as the possibility of providing a power of attorney).
b. Complying with civil obligations: Insofar that this cannot take place during free hours and that it is impossible to shift this duty to another time slot.
c. Moving house: Moving house other than in the case of relocation, with regard to employees who have their own household: one time per calendar year and maximum for 2 days.
d. Family circumstance
Taking out a marriage license (if this takes place during a working day): | 1day |
Marriage (to be taken in consultation and immediately before/after the days the wedding): | 4 days |
Marriage of family member or relative by marriage of the 1st or 2nd degree (if this takes place on a working day): | 1day |
If this wedding takes place outside of location of residence (if and insofar that it takes place on a working day): | Maximum 2 days |
Death of spouse, parents, stepmother/father, parents-in-law, children, stepchildren or children by marriage (to be taken in consultation around the date of death/funeral): | 4 days |
Death of family member or relative by marriage of the 2nd degree (to be taken in consultation around the date of death/funeral): | 2 days |
Leave is granted in the case of death of family member or relative by marriage of the 3rd or 4th degree (if the funeral takes place on a working day): | 1day |
If the employee is burdened with arranging the funeral and/or estate (to be taken in consultation): | Maximum 4 days |
Childbirth of a spouse (2 days are allotted for the birth and registration of the baby). | Maximum 4 days |
Celebration 25th, 40th and 50th employment and wedding anniversaries (if the celebration takes place on a working day): | 1day |
Celebration 25th, 40th and 50th wedding anniversary of parents, stepparents or parents-in-law (if the celebration takes place on a working day): | 1day |
Confirmation and First Holy Communion and also of his/her spouse, children or stepchildren (if it takes place on a working day) | 1day |
For drawing up a deed of co-habitation or for registering partnership (if on a working day): | 1day |
Below is an overview of the degrees of blood relationship and relatives by marriage
Spouse | Spouse/party concerned (one of the two is employed at TU/e) | Party concerned (TU/e employee) |
Relative by marriage | Blood relationship | |
1st degree | 1st degree | 1st degree |
2nd degree | 2nd degree | 2nd degree |
3rd degree | Great grandchild | 3rd degree |
4th degree | 4th degree | 4th degree |
Note: It should be noted that the aforementioned stipulations concerning special leave in connection with personal and family circumstances that applies to a married employee also applies to an employee who maintains a non-marital relationship, in other words, lives together with a life partner, regardless of the sex of the person, on the condition that the employee has submitted a copy of co-habitation contract drawn up by a notary public, a notarial declaration concerning the existence of a co-habitation contract or a municipal deed of partner registration.
1. Unless the interests of the organization come in conflict, a special leave is granted for participating in meetings and sessions of public boards in which the employee has been appointed or elected, such as municipal councils and provincial states and for carrying out tasks ensuing from participation on these boards, all this in so far that the employee cannot perform this at his/her free time. If the employee received a fixed compensation for the activities stipulated above, then a deduction is applied to his/her salary for the time used for these tasks during the special leave.
2. Unless the interests of the organization come in conflict, a special leave with full salary is granted in the following cases:
Based on the above, the maximum number of days that can be granted to an employee is 30, with the understanding that for board members the maximum is 40 days per year.
Short-term leave, whether or not with retaining a full salary, can be granted if the party authorized to grant the leave assesses that there is reason for doing so.
An example that can be considered in this matter is granting a special leave for activities to an employee who can demonstrate that the activity will serve general social interests, e.g., counseling in youth work. The employee must justify such a request for a special leave and substantiate it with evidence.
Barring urgent cases, a short-term special leave must be requested at least 24 hours in advance from the person authorized to grant that leave. If the employee shows that he/she had no chance of submitting a request for such a leave in advance, and that there were sound reasons for his/her absence, then the absence is considered a special leave with retention of full salary.
A sound reason is acceptable only if it is related one of the circumstances mentioned in item 13, and in all other cases, if the employee was allowed in reason to be absent from work, taking into account all the circumstances.
1. Special leave purely for personal interest: This can be granted upon request without retention of salary and for no longer than 6 months.
2. Special leave, also in the general interest of the employee for giving him/her the opportunity to fulfill another function; in principle, this can be granted for up to 1 year with retention of salary.
3. Special leave according to the judgment of the Executive Board, considered of common interest for the purpose of giving the employee the opportunity to fulfill - aside from the permanent employment - a function within an international organization, whether for the benefit of the Dutch Antilles or as an expert working temporarily for a foreign power; in principle, this leave can be granted for up to 3 years without retention of salary.
A special leave without retention of salary can be granted for maximum 2 years to an employee appointed as salaried manager of an employees' organization or an international organization.
Consequences of not resuming work (Article 4.19 CAO)
An employee who has not resumed work on time after completing the special leave that was granted is expected to submit a request for dismissal, unless within a reasonable period of time the employee indicates to the satisfaction of the employer that he/she has valid reasons for not resuming work, in which case the leave is expected to be extended until the moment of time in which the valid reasons no longer exist.
In the event of special leave that lasts long, there is no accrual of vacation entitlements if absence exceeds one month.
1. Upon the request of the employee, the employer can grant a leave for a longer period for the purpose of a sabbatical.
2. Sabbatical is understood to be a leave for a longer period in which the employee devotes general or specific attention to his/her own employability.
3. When granting a sabbatical leave the employer and employee come to agreements in all cases regarding the content and taking of the leave period, the duration of the leave, whether or not the salary will be paid, the payment of the pension premium and the deployment of saved hours of leave by the employee for part of the leave period, as referred to in article 5.5.
4. When the employee deploys the saved leave for the sabbatical leave, the employer contributes a premium if and in the opinion of the employer organizational interests play a role. Also see Selection Model governing Employment Conditions: saving for a leave
Pursuant to article 6.9 of the CAO the employer can oblige the employee to follow a course or training if this is deemed necessary for the proper functioning of the current or future position. The employer shall grant the employee the necessary facilities.
The employee is entitled to in-service training and can request that the employer grant him/her the facilities for following a course or training. If this request is related to a course or training, which is necessary for the proper functioning of the current or future position, the employer shall grant the employee the necessary facilities.
If there is no relationship or just a marginal one between the course or training and the current or future function, then the employer can also grant facilities to the employee.
The facilities can consist of time, money or other elements in the employment conditions.
If an employee thinks that it is necessary to be absent for one or more hours due to an appointment at a doctor, dentist, specialist, an outpatient clinic, etc., either for him/herself or for a spouse or children, his/her supervisor will have to be notified. The supervisor will decide whether or not the absence will be considered work time.
The supervisor informs the employee of the decision verbally.
In connection with childbirth, an employee is entitled to a total leave of 16 weeks for pregnancy and childbirth. Within the 16 weeks, maternity leave is always at least 10 weeks.
leave can be adjusted according to personal needs (flexible pregnancy leave). The woman in question can take this leave starting from 6 weeks prior to the expectant delivery date (this date must be indicated on a declaration provided by a doctor or midwife).
Pregnancy leave must begin no later than 4 weeks before the expectant delivery date. If pregnancy leave was not taken before childbirth because the woman wanted to work longer, and therefore the leave time amounted to less than 6 weeks, then this leave can be taken following the maternity leave.
If childbirth occurs earlier than expected, then the non-utilized pregnancy leave is added to the 10 weeks of maternity leave. In this case, one is always entitled to a total leave of 16 weeks. If childbirth occurs later than the expectant date, then pregnancy leave is extended to the actual date of delivery. This is not at the expense of the minimum maternity leave of 10 weeks and not at the expense of a planned extension of this leave by using the non-utilized pregnancy leave.
Example 1: If a woman had planned a pregnancy leave of 6 weeks prior to the delivery date and a maternity leave of 10 weeks, but the baby was born later than the expected date, then the pregnancy leave is extended until the actual date of the delivery. The maternity leave remains 10 weeks, also if the woman had actually taken more than 6 weeks of pregnancy leave.
Planning: 6 weeks / 10 weeks
Actual leave: 6 weeks + 1 week / 10 weeks
Example 2: If the employee had continued working, for example, up until 4 weeks prior to the expectant delivery date (continued working later than this is not permitted), but the baby was born one week later than expected, then the 2 weeks planned for pregnancy leave are added to the maternity leave.
Planning: 4 weeks / 10 weeks + 2 weeks
Actual leave: 4 weeks + 1 week / 10 weeks + 2 weeks
Example 3: As indicated previously, absence for medical reasons during the 6 weeks prior to the expectant delivery date is deducted from the period, which might be added to the maternity leave. If the employee mentioned in example 2 becomes occupationally disabled during the sixth week prior to the expectant delivery date and is absent during 2 weeks, the actual situation becomes 4 weeks + 2 weeks / 10 weeks.
If the employee mentioned in example 3 becomes 50% occupationally disabled during the sixth week prior to the expectant delivery date, the actual situation becomes 4 weeks + 1 weeks / 10 weeks + 1 week.
1. An employee is entitled to a leave with pay in connection with adopting a child.
2. The right to a leave in connection with adoption is for a period of 18 weeks and amounts to maximum 4 consecutive weeks. The right begins two weeks before the first day that the actual adoption starts or shall start, which is the date indicated in the document submitted by the employee to the employer notifying of the adoption process that takes or shall take place.
3. If subsequent to the adoption application, two or more children will actually be adopted, the right to a leave is only granted with respect to one of the children.
4. The first, second and third paragraph apply similarly to an employee who takes in a foster child as referred in the Labor and Care Act, article 5:1, second paragraph, under d.
As of 1-1-2009, it is possible to claim a 26-week parental leave (previously it was 13 weeks). This applies only to parental leave that starts on or after 1-1-2009.
During the first 13 week the salary is partially paid according to the rule below.
An unpaid leave is possible for the subsequent 13 weeks and the following applies to it:
Partly paid parental leave rule of the Universities in the Netherlands, valid as of 2007
Article 1 - Relationship governed by family law
1. An employee who as a parent has a relationship governed by family law with the child is entitled to a partially paid parental leave. If at the beginning of the same time period, an employee becomes a parent to more than one child in relationship governed by family law, a partially paid parental leave is valid with regard to each one of the children.
2. An employee, who can show declarations from the Municipal Basic Administration (GBA) that he/she lives at the same address as a child and that the employee is responsible for long-term caring and raising that child, is entitled to a partially paid parental leave. If the employee, who is planning to adopt, at the same time is taking care of and raising more than one child, he/she is entitled to a partially paid parental leave with respect to each one of these children. In all other cases in which the conditions stated in the first sentence with regard to more than one child at the same time are fulfilled, the entitlement is only for a one-time leave.
Article 2 - Scope, duration and specifications of the leave
1. The maximum number of hours of leave entitled to an employee is 26 times the hours of employment hours per week.
2. The leave is taken per week during an uninterrupted period of maximum twelve months.
3. The maximum number of hours of leave per week is 50% of the hours of employment hours per week.
4. Contrary to the second and third paragraph, the employee can request from the employer:
5. The employer can postpone or in certain cases refuse the employee's request, as referred in paragraph 4, if weighty interests of the organization come in conflict.
Article 3 - The right to a leave
1. A right to take leave exists if the employee is employed for at least one year.
2. There is no entitlement to a parental leave following the date upon which a child has reached the age of eight.
3. If an employee is carrying out work outside of the Netherlands, he/she is entitled to a partially paid parental leave unless weighty interests of the organization come in conflict.
4. The employee is not entitled to a partially paid leave for a child for whom he/she has already received parental leave from another employer.
Article 4 - Applying for a leave
1. The employee submits a written notification to the employer of his/her intended leave at least two months before the start of the leave. The notification shall include:
a. The period of the leave
b. The number of hours of leave per week
c. The distribution of the hours of leave over the week
2. The moment of starting and ending the leave could be set depending on the date of childbirth, on the end of the maternity leave or on the start of care.
3. Following consultations with the employee, the employer could change the weekly distribution of hours up to four weeks before the moment that the leave shall start, and that on grounds that weighty interests of the organization come in conflict.
4. If based on article 2, fourth paragraph, sub-section b, the leave is divided up, then the first to the third paragraphs of this article apply to each period.
Article 5 - (Financial) consequences
1. The employee retains 62.5% of his/her salary for the hours of leave. (Also see footnote)
2. During the leave, there is no accrual of vacation hours over the hours of leave.
3. Reimbursement for commuting costs are adjusted proportionately to the actual days worked.
4. There is no suspension of parental leave during sickness or occupational disability and the payment over the hours of leave continues to be 62.5% of the salary.
5. An employee who resigns from work or whose employment is terminated due circumstances attributed to the employee within six months after a partially paid leave, is obliged to repay the partially paid salary.
6. During the parental leave period pension accrual continues fully while the normal distribution between employer and employee applies to the contributions of pension premiums.
Article 6 - Canceling or amending
1. Upon the request of an employee not to take the leave or not to continue it due to unforeseen circumstances, the employer can change the leave if this conflicts with weighty interests of the organization.
2. In reaction to the request to begin the leave on an earlier moment of time, the employer is not obliged to meet the request earlier than 4 weeks after the request. In the event that the leave with applying the first paragraph after the moment of starting the leave is not continued, the entitlement to the rest of the leave is cancelled.
3. If based on article 2, fourth paragraph, sub-section b, the leave is divided up, then the first to the third paragraphs of this article apply to each period.
Article 7 - Hardship clause
For cases in which this rule does not provide or apparently works out unfairly, the employer can make an exceptional rule for the employee.
Article 8 - Effective date and transition regulation
1. This regulation is part of the Collective Labor Agreement governing Dutch Universities (CAO NU and has been in effect since January 1, 2007. On that date all the local university parental leave regulations were abolished except for those applying to employees as referred to in the second paragraph of this article.
2. For employees who utilize the local university parental leave regulation, in which the actual leave commenced at the latest on December 31, 2006, the local university parental leave regulation applies to the entire leave.
Note: Parents who participate in the Life-course Saving Scheme and utilize their legal right to an unpaid parental leave can receive a tax break via additional tax credit. In other words, the Dutch Tax Office will deduct this amount from the income tax that has to be paid. In such cases it is possible to request a provisional tax return from the Tax Office. That makes the net outcome approximately the same as that of the old regulation.
The content of the entitlement
The following employee is entitled to a parental leave:
The total duration of the parental leave is the hours of employment during 13 weeks
Two regulations are defined in parental leave:
1. The standard regulation:
2. The consultation regulation:
As part of the effort to make parental leave flexible, it is also permitted to take the leave on a part-time basis.
The options are: 100% of the working hours during three months, 25% of the working hours during maximum one year.
In consultation with the authorized managers, it is also possible to divide these between the extremes (3 months or one year). The maximum time for taking leave however is one year.
The employee is a parent of a child in the sense of this regulation if:
For each child under the age of eight, parental leave is granted only once, regardless of the employer. In the case of twins or multiple births, a separate request can be made per child for entitlement to a leave.
The legal position of an employee that takes parental leave
Registration procedure
An employee who wants to utilize the parental leave regulation is required to apply in writing to the director/manager of business operations two months before the intended starting date.
The application has to include the following:
Parental leave according to the standard regulation cannot be refused.
Following consultations with the employee, the director/manager of business operations can withdraw the agreed-upon distribution of the hours of leave based on weighty interests of the organization. In such a case, another alternative must be examined together with the employee. Canceling and changing as mentioned previously can occur up until one month before the start of the parental leave.
Vacation/leave during parental leave
When taking a day off, the number of hours that the party in question would have actually worked on that particular day is deducted from the vacation balance.
Employment/function: Parental leave has no effect on employment, and on function scope and content.After the end of the parental leave, the continued payment of salary is based on the salary to which the employee would be entitled at the resumption of his/her function.
Article 4.15 CAO
1. In the event of illness of a partner, parents or children (including stepchildren, children by marriage or foster children), in which home nursing and/or care is necessary, the employee who takes upon him/herself the task of nursing and/or care giving is entitled to a special leave whether or not with pay.
2. Applying the Labor and Care Act mutatis mutandis, the employee retains the right to 70% of the maximum day wage, but at least the legal minimum wage applicable to him/her and up to the level of 70% of the maximum day wage as referred in article 9, first paragraph of the Social Insurance Coordination Act in each period of 12 consecutive months during maximum two times the employment hours per week.
3. The leave that exceeds the period mentioned in paragraph 2 is granted unless it conflicts with the interests of the organization.
If implementing this regulation apparently leads to unreasonable situations, the parties shall strive to reach a solution through mutual consultations.