Legal advice: New job, pay back parental leave?
Master Marco considers a job at another school under a different administration. He uses parental leave and wonders whether he should pay back something if he switches.
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In the collective labor agreement for primary education, it has been agreed that full-timers are entitled to 415 hours of paid parental leave and 625 hours of unpaid parental leave, for part-timers this is in proportion to the working time factor. For the hours in which the employee takes paid parental leave, he retains 55 percent of his salary.
Exception
The collective labor agreement also states that there is an obligation to repay if the employee resigns or is dismissed for neglect of duty within twelve months after the parental leave has ended. However, the collective labor agreement has an important exception to this main rule. An employee who resigns within twelve months after the parental leave has ended, because he accepts a position at another educational institution that is funded by the national government, does not have to repay a salary. Please note that this exception does not apply to employees who leave education.
Work less
Employees who work less hours after parental leave may also be faced with a repayment scheme. If an employee applies for a lower working time factor within six months after the parental leave has ended, the excess salary must be repaid.
Since Marco continues to work in education, he has no repayment obligation.
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