If you have recently relocated to the Netherlands for work, it is important to understand your rights regarding leave entitlements under Dutch law. Whether you are expecting a child, facing a medical issue, or planning a holiday, the Dutch labour system offers various types of leave to support work-life balance.
In this article, we provide you with information on the different types of leave available to employees in the Netherlands, including statutory and special leave, what your employer’s obligations are, and how these apply to expats. With this information, you can better plan your time off (if possible) and ensure your rights are protected.
Different types of leave
In the Netherlands, employee leave can be broadly categorised into statutory leave and special leave (extraordinary leave). Statutory leave refers to leave that employers are legally required to grant, and is regulated by the Uitvoeringsinstituut Werknemersverzekeringen (UWV). In contrast, special leave is not governed by statutory law but is typically defined in collective labour agreements (CAOs) or individual employment contracts.
1. Statutory leave
Statutory leave is leave that employees are legally entitled to under Dutch law. These rights are primarily regulated by the Wet arbeid en zorg (Work and Care Act). Employers are obliged to grant these leave entitlements unless a CAO applies that contains provisions deviating from the Work and Care Act, in which case the CAO’s rules take precedence.
1.1. Maternity leave
Pregnant employees are entitled to a minimum of 16 weeks of paid maternity leave. The employee may choose when to start this leave, which can commence anytime between six and four weeks before the expected due date. After the birth of the child, the employee is entitled to at least 10 weeks of leave, plus any remaining days not taken prior to childbirth.
In total, the employee is thus entitled to at least 16 weeks of maternity leave and must receive their full salary during this period. Employers are typically reimbursed for these payments by the UWV.
1.2. Paternity leave (or partner leave)
When an employee’s partner gives birth, the employee is entitled to one week of paid paternity leave, which must be taken within four weeks following the date of birth. This leave does not need to be taken consecutively and may be spread out over the four week period. During this time, the employee is entitled to receive full salary, paid by the employer.
In addition, the employee may apply for up to five additional weeks of partner leave within the first six months after the child’s birth. During this extended leave, the employee receives benefits from the UWV amounting to 70% of their daily wage.
1.3. Adoption and Foster leave
Employees adopting or fostering a child are entitled to 6 weeks of leave, to be taken between 4 weeks before and 22 weeks after the child joins the household. During this period, employees receive 100% of their daily wage, subject to the statutory maximum, paid by the UWV.
1.4. Parental leave
Employees with children under the age of 8 are entitled to parental leave amounting to 26 times their weekly working hours per child.
During the first year after the child’s birth, employees may receive 70% of their salary for up to 9 weeks of this leave. Any parental leave taken beyond this period is generally unpaid, unless otherwise stipulated by a CAO or employment contract.
1.5. Emergency leave
Employees are entitled to take paid emergency leave in the event of an unforeseen personal emergency. This leave should be granted for the duration necessary to address and resolve the emergency.
1.6. Short-term and long-term care leave
Employees who need to provide essential care to a relative are entitled to take either short-term or long-term care leave, depending on the duration of care required.
Short-term care leave may be taken for a period of up to twice the number of hours the employee works per week. During this leave, the employee is entitled to receive 70% of their salary. Long-term care leave can be taken for up to six times the number of weekly working hours and is generally unpaid.
1.7. Sick leave
Employees who are unable to work due to illness are entitled to receive at least 70% of their salary for a period of up to two years. Some employers may apply “waiting days”, during which the employee does not receive pay for the first one or two days of absence. Whether this applies depends on the terms of the employment contract or applicable CAO.
If your employer has refused to grant you statutory leave to which you are legally entitled, or has failed to pay compensation for leave taken, we recommend contacting one of our labour lawyers for legal assistance.
2. Special leave
In addition to statutory leave, employees may also be entitled to special leave, depending on the provisions of their CAO or individual employment contract. Unlike statutory leave, special leave is not regulated by law, meaning that the applicable CAO or contract will determine the circumstances under which this leave can be taken, its duration, and whether it is paid or unpaid.
Special leave typically covers short-term personal matters such as attending a funeral, getting married, moving house, taking an exam, or attending a medical appointment.
3. Unpaid leave
Dutch law does not explicitly regulate unpaid leave, but employees may request it from their employer. Whether such leave is granted depends on the terms of the employment contract, the applicable CAO, or the employer’s discretion. If approved, the employee may take time off without receiving salary for the agreed period.
Holidays in the Netherlands
In addition to the various types of leave outlined above, employees in the Netherlands are entitled to a minimum number of paid vacation days each year. Under Dutch law, employees are entitled to annual leave equal to four times the number of days they work per week. For example, an employee working a standard five-day week is entitled to 20 days of paid annual leave.
However, employees are not automatically entitled to paid time off on Dutch national public holidays. Whether an employee is entitled to have these holidays off, and whether the day is paid, depends on the terms of the CAO or the employment contract.
Although employees are legally entitled to the various types of leave and holidays outlined above, it is advisable to discuss leave arrangements with your employer in advance, wherever possible. This helps to ensure proper planning, prevents staffing issues, and reduces the risk of disputes.
If you have any questions regarding your rights to take leave or holidays in the Netherlands, or if a dispute has arisen with your employer, please do not hesitate to contact one of our (expat) lawyers.
