Legal section: Short special leave in primary education
My six-year-old son has to go to hospital for a short procedure. Do I have to exchange my working day or do I get leave?
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It is not necessary to exchange your working day, because you are entitled to leave. Article 8.7 paragraph 1 of the CLA provides a summary of situations in which special leave applies for part of your working day. This leave is mandatory, which means that your employer must grant it.
Special circumstances
Apart from this list, paragraph 3 of this article states that leave also applies if there are 'other very special personal circumstances that occur during working hours'. An explanation of these circumstances can be found in the appendices to the CLA.
On the basis of good employment practices, an employer must also grant leave if the employee has obligations that can only be fulfilled during working hours. Accompanying the sick child to hospital is an example of this. If more leave than a half-day is required, article 8.8 of the CLA applies for other short special leave.
Care leave
Short special leave is different from care leave. Care leave means the necessary care of a family member. In the example of your son's surgery, there is no question of necessary care; your son will be taken care of in the hospital. You may qualify for care leave if your son falls ill as a result of the procedure and has to stay home, but that is another matter.
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