Leave schemes

In the Netherlands, employees can make use of various statutory leave schemes. There are different types of leave:

• Statutory leave is regulated by the Employee Insurance Agency (Uitvoeringsinstituut Werknemersverzekeringen, UWV).
• Special leave or extraordinary leave (non-statutory leave) is specified in the collective labour agreement (CAO), the agreements set by the works council or staff representation, the company regulations, or the employment contract.

You can also make individual agreements with your employees.

Statutory leave arrangements

Every employee is entitled to statutory leave in certain situations. These statutory leave arrangements are set out in the Work and Care Act (in Dutch):

• pregnancy leave and maternity leave
• partner/paternity leave
• adoption leave or foster care leave
• parental leave
• short- and long-term care leave
• emergency leave and short absence leave

Pregnancy and maternity leave

Is your employee pregnant? Your employee is entitled to leave when she has a pregnancy check-up during working hours. Your employee does not have to take any holiday hours and their salary continues to be paid. This is stated in the Working Hours Act.

Your pregnant employee is entitled to pregnancy leave and maternity leave (in total at least 16 weeks):

• Before the due date: 6 weeks pregnancy leave. Your employee may decide when the leave starts, but no later than 4 weeks before the due date. In the case of a multiple birth, your employee has the right to 10 weeks pregnancy leave.
• After childbirth: at least 10 weeks maternity leave. Your employee must take 6 of these weeks immediately after the birth. She may spread the remaining leave over a period of up to 30 weeks. Your employee must request this within 3 weeks after giving birth. You may not refuse this, unless your business will face serious problems as a result.

During pregnancy and maternity leave, you continue paying your employee’s salary. You will receive a benefit from the Employee Insurance Agency (Uitvoeringsinstituut Werknemersverzekeringen, UWV). You must apply for maternity pay for your employee to the UWV.

Leave when the baby arrives late or early

The total leave (before and after birth) may be longer than 16 weeks. For example, if the baby is born after the due date. In that case the employee’s pregnancy leave lasts longer and the maternity leave of at least 10 weeks starts after the actual birth.

If the baby is born before the pregnancy leave, the total of 16 weeks starts from the day after the birth.

Leave if the baby is hospitalised

Is the baby hospitalised for more than 7 days directly after birth or during the maternity leave (in Dutch)? Your employee may have a right to up to 10 weeks additional maternity leave.

If the mother dies in childbirth, her partner is entitled to the maternity leave.

Partner/paternity leave

If the partner of an employee gives birth, the employee has a right to 1 week of parental leave for partners after the birth. Your employee can take this paid leave any time in the first 4 weeks after the birth of the child. During this period of leave you must continue to pay 100% of the employee's salary. You may not refuse this leave.

Additional partner leave

Partners have the right to 5 weeks additional partner’s leave in the first 6 months after the birth. Your employee has to request the additional partner’s leave by letter or by email at least 4 weeks before the leave starts. You can change the leave up to 2 weeks before your employee wants to take it. This is only allowed if your business will face serious problems as a result.

You can apply for a benefit for additional partner’s leave to Employment Insurance Agency (UWV) for your employee. The benefit covers 70% of their salary. UWV pays the benefit to you or to the employee. The collective labour agreement (CAO) may state that you must supplement the additional partner’s leave benefit.

Your employee must take the standard 1-week partner leave first. They must take the extra weeks' leave within 6 months after childbirth.

Adoption leave and foster leave

Employees who have adopted a child or have taken in a foster child, are entitled to 6 weeks adoption or foster leave. The leave applies to both parents. You can apply for adoption or foster care benefit for your employee to UWV.

Your employee must request the adoption or foster leave at least 3 weeks in advance. They can spread out this leave over a longer period, as long as it is between 4 weeks before and 22 weeks after the child’s arrival. You may not refuse this leave, unless your business will face serious problems as a result.

Parental leave

Employees with children aged up to 8 have the right to parental leave in the Netherlands. This also applies to stepparents, foster parents, and adoptive parents. The leave applies to both parents. They can get at most 26 times the number of hours they work per week, per child.

Parents get paid the first 9 of the 26 weeks parental leave. You can apply for paid parental leave benefit for your employee to UWV. The UWV benefit for paid parental leave amounts to 70% of the daily wage. Employees must take the paid leave in the child's first year.

The remainder of the parental leave is unpaid. Your employee can take this unpaid parental leave at a time of their choosing up, until the child is 8 years old.

The collective labour agreement (CAO), the agreement of the works council or staff representation, or the employment contract may state that you must supplement the parental leave benefit.

Employees are allowed to take this leave as soon as they start working for you. You must allow this leave. However, you may ask your employee to reschedule the leave. This is only allowed if your business will face serious problems as a result.

Short-term and long-term care leave

Your employee can take short-term care leave to provide essential care to someone who is ill or otherwise in real need. For this leave your employee must be the only person who can look after the ill person at that moment in time. You can grant short-term care leave if you employee needs to take care of:

• children or grandchildren
• partner
• parents or grandparents
• siblings
• resident members of the household
• friends, neighbours or acquaintances, provided there is a social relation and it is plausible and logical your employee is the care giver

Your employee is entitled to 2 times the number of hours they work per week of short-term care leave per year. During the leave period, you continue to pay 70% of the employee's salary. If this is less than the minimum wage, you pay the minimum wage.

If a child, partner, or parent of one of your employees is seriously (life-threateningly) ill and requires care, the employee can request long-term care leave. Your employee is entitled to 6 times the number of hours they work per week of long-term care leave per year. During this period of leave, you do not have to continue paying the employee's salary. Your employee must request long-term care leave from you in writing 2 weeks in advance. You can ask for information to assess the long-term care leave.

If different arrangements have been included in the collective labour agreement (CAO) or in the regulations of the works council or staff representation, these arrangements apply.

You only may refuse care leave if your business will face serious problems as a result. If the care leave has already started, you may not stop it.

Emergency leave and other short absence leave

Emergency leave (in Dutch) is intended for unforeseen personal circumstances for which an employee has to take time off immediately. For instance to make arrangements for the care of a sick family member, in the event of a death in the family, or when their partner gives birth. You must always grant a reasonable request for emergency leave. During this period of leave, you continue to pay the employee's salary. Emergency or short absence leave lasts as long as it is necessary to solve the urgent matter.You may ask your employee for proof that the leave was necessary afterwards.

Emergency leave and short absence leave are statutory leave schemes. If different arrangements have been included in the collective labour agreement or in the agreements of the works council or staff representation, these arrangements apply.

Special or extraordinary leave

Special leave and extraordinary leave (in Dutch) are not based on any law, but are rather provided for in your collective labour agreement (CAO), company scheme or employment contract. Some examples are:

• marriage (of a family member)
• funeral (of a family member)
• moving house
• consulting a doctor
• a work anniversary
• taking an exam
• activities for a (trade) union

The duration of these types of leave depend on the conditions arranged in the CAO or employment contract.

Unpaid leave

Employees may take unpaid leave on a full-time or part-time basis in consultation with you. The employment contract will continue during the leave. Employees do not have any legal entitlement to unpaid leave. However, it is possible for the collective labour agreement (CAO) to include arrangements relating to unpaid leave.

Does leave affect holiday entitlement?

Holiday entitlement in the Netherlands continues to build up while an employee takes leave. You may not deduct days taken off for leave from an employee's holiday entitlement, unless the employee has extra holiday entitlement (more than 4x the number of days worked in a week) and this has been agreed in his or her collective labour agreement.