Leave in the Netherlands

Annual leave

The statutory minimum holiday entitlement of 20 days is four times the agreed working time per week for each year of employment. These statutory days are in addition to public holidays of which there are normally seven each year. In practice, most employees are entitled to 25 days. Holiday entitlement above the statutory minimum annual leave is known as non-statutory holidays (bovenwettelijke vakantiedagen). Employees are entitled to their wages during their holidays. In addition to paying wages, there is in principle a statutory requirement to pay employees holiday allowance amounting to 8% of the employee’s gross annual salary.

Leave can be taken in instalments. Unless alternative provisions are set out in the employment contract or in a collective labour agreement (CLA), the employer determines the dates of the holiday in accordance with the wishes of the employee. An employer can reject a request for leave if there are compelling reasons for the employer doing so.

Statutory holidays will in principle expire six months following the end of the year in which they were accrued. The expiry period for the non-statutory holidays is five years, following the last day of the calendar year in which the entitlement arose.

An employee’s entitlement to statutory minimum holiday cannot be replaced by payment in lieu, except on termination of the employment contract. However, payment in lieu is permitted in respect of non-statutory holidays (bovenwettelijke vakantiedagen) and any statutory or additional holidays carried forward from previous years.

Maternity leave

All female employees, whether working under fixed term or indefinite term contracts, are entitled to at least 16 weeks’ pregnancy and maternity leave (20 weeks in the case of multiple births), which covers six weeks’ pregnancy leave and 10 weeks’ maternity leave.

Pregnant employees can take leave from six weeks (ten weeks in case of multiple births) but no later than four weeks (eight weeks in case of multiple births) before the due date. The employee must apply for her pregnancy leave at least three weeks before the date on which she wants her leave to start and at the same time, must give her employer a certificate from her doctor or midwife stating that the date the baby is due. Employers can never refuse to allow an employee to take pregnancy or maternity leave. An employer cannot allow a pregnant employee to work after the 28th day before the due date or allow pregnant employees to end their leave and come back to work until 42 days after giving birth.

The employee must inform their employer of the date of birth no later than two days after the delivery.

Once their leave has ended, employees are entitled to return to their former position. An employee cannot be dismissed because she is pregnant, during pregnancy and maternity leave or during the first six weeks after her maternity leave ended. Such dismissals are voidable.

Paternity leave

The co-parents of new born children are entitled to two days’ paternity leave. During this period the employee is paid by the employer. In addition thereto the father is entitled to three days unpaid leave during the first four weeks after the birth or as from the day the child actually resides at the same address as the mother of the child. Employees should notify the employer of their intention to take paternity leave as soon as possible, stating the reasons of their leave. Employees should notify the employer at least two months prior to the expected date of birth.

Adoption leave

Employees who adopt one or more children are entitled to adoption leave. No qualifying period of employment applies. Adoption leave can be taken for a maximum of four continuous weeks in a period of 26 weeks. Employees can start the adoption leave up to four weeks before the actual day on which the child, or children, will be placed with them. This date will be stated on an official document which proves that the employee is about to adopt a child and the document must be presented to the employer. Employees who want to take adoption leave should apply to their employer, if possible, at least three weeks before they want leave to start.

Employees returning from adoption leave have the right not to be dismissed on the grounds of having taken adoption leave. Such a dismissal would be voidable.

Employees taking in a foster child (or foster children) are also entitled to four weeks’ leave, known as foster leave. Foster leave is subject to the same conditions concerning the start of the leave as adoption leave.

Parental leave

Employees in a family relationship with a child (or children) under eight are entitled to parental leave. Parental leave entitlement is up to 26 times the number of contractual working hours of the individual per week for each child.

Employees must inform their employer of their intention to take parental leave at least two months prior to the date on which they want to take the leave. Their request must also set out how the employee wants to take the leave – the number of hours and on what days. Employers must accept an employee’s request. An employer can, however, refuse to accept the spread of hours over the week suggested by the employee if there are “compelling reasons” (which are normally be based on economic grounds). The employer must, however, state its reasons for withholding permission.

If the employment relationship terminates before the employee has taken his/her full entitlement, the employee is entitled to use the remainder of the leave in his/her new job. The employer is obliged to provide the employee, upon request, with a statement indicating the hours of leave left.

Employees returning from parental leave have a right not to be dismissed on the grounds of having taken parental leave. Such a dismissal would be voidable.

Time off for dependants (emergency leave)

Employees are entitled to take time off for a short period of time with full pay to deal with emergencies. Employees must inform their employer of their intention to take emergency leave as soon as possible. Emergency leave can for instance be taken in case of death of a household member, a blood relative in the ascending or descending line or a blood relative up to the second degree in the collateral line or in case of other exceptional personal circumstances.