8-week parental leave and annual leave according to the Supreme Court

Practical guidance on applying parental leave and its impact on annual leave

The eight-week parental leave entitlement had been raising practical questions for HR departments for months: can it be taken on non-consecutive days? Does it generate annual leave entitlements? Should annual leave be reduced if an employee has suspended their contract to care for their child?

The recent Supreme Court judgment of 26 January 2026 definitively clarifies these issues and establishes a criterion that requires many companies to review how they manage this right.

The decision provides legal certainty, but also introduces organisational implications that companies should anticipate.

Supreme Court criteria regarding the duration of parental leave

The Supreme Court starts from something apparently simple: the regulation refers to “eight weeks”. And when the legislator chooses that unit of time, it is not by chance.

The consequence is clear: if the leave is taken discontinuously, it must be taken in blocks of full weeks. It cannot be fragmented into isolated days or arranged as a tailor-made calendar with individual working days. This interpretation is also aligned with other leave entitlements related to childbirth and childcare, which are likewise structured in weeks.

The judgment expressly confirms this and puts an end to a practice that, in some companies, had generated internal conflicts and differing criteria.

For organisations, this clarity is positive, as it facilitates planning and reduces discretion in employment management within the company. However, it does not eliminate the need for coordination, especially where several employees may exercise this right during overlapping periods.

Impact of parental leave on annual leave accrual

The most significant change concerns the treatment of annual leave.

Until now, the prevailing reasoning had been technical: parental leave constitutes a suspension of the employment contract and, as a general rule, annual leave does not accrue during voluntary suspensions. Part of the judicial doctrine had supported this interpretation.

The Supreme Court, however, adopts a different view.

Without denying that it formally constitutes a suspension of the employment contract, the Court introduces a systematic interpretation aligned with European law. Parental leave is not an ordinary unpaid leave of absence, but rather a measure integrated into policies promoting work-life balance and shared responsibility. Excluding the accrual of annual leave could discourage employees from exercising this right and weaken its effectiveness.

Therefore, the Court concludes that the leave period must count as effective working time for the purpose of determining the duration of annual leave.

The practical consequence is immediate: annual leave entitlements cannot be reduced because an employee has taken parental leave.

Implications for employment management within companies

The judgment does not make parental leave paid leave, nor does it alter its nature as a cause for contractual suspension. However, it does modify its indirect impact on the employment relationship.

From a business perspective, the scenario changes on several levels. Organisational costs increase because the absence due to leave will now be combined with the annual leave accrued during that period. Reviewing annual leave calculation systems becomes essential. It may also be necessary to analyse situations that have already arisen in 2026 where different criteria were applied.

Beyond the legal technicalities, the Court’s message is clear: the right to reconciliation of work and family life cannot be undermined by collateral effects that make it less attractive or economically less favourable.

For companies, the challenge is not only to comply with the doctrine, but also to integrate it strategically into workforce planning. Anticipating scenarios, adapting protocols and training middle management and responsible teams will help avoid future conflicts and enable this right to be managed with certainty and foresight.

Legal certainty is now on the table. The next step is to turn it into efficient employment management.