Leave schemes

Pursuant to the Work and Care Act (Wet arbeid en zorg, WAZO), employees in the Netherlands can invoke a number of different leave schemes. Different rules may be laid down in collective labour agreements. In that case, the scheme laid down in the collective labour agreement will apply instead of the WAZO scheme. In addition to the statutory and collective labour agreement-related leave schemes, you can also make individual agreements with employees. The following leave schemes are included in the WAZO:

• Pregnancy and maternity leave
• Paternity leave
• Emergency leave and other short absence leave
• Parental leave
• Short-term care leave
• Long-term care leave
• Adoption leave
• Unpaid leave

If your business is based abroad and you temporarily post employees to the Netherlands, the WAZO also applies in part to you. In that case, you must observe the Dutch rules concerning pregnancy and maternity leave and paternity leave for the partner.

Pregnancy and maternity leave

Pregnant employees are entitled to a total of at least 16 weeks’ pregnancy leave (before the birth) and maternity leave (after the birth). You can send the certificate of pregnancy to the Employee Insurance Agency (UWV) through a form, through the Absenteeism Reporter (Verzuimmelder) (as from 1 April 2012) or through Digipoort (as from 1 July 2012).

Paternity leave

Employees are entitled to two working days of paternity leave if their partner has just given birth. During this period of leave, you must continue to pay 100% of the employee's salary. Your employee is entitled to take 'other short absence leave' for the birth itself and to register the birth.

Emergency leave and other short absence leave

Emergency leave is intended for unforeseen personal circumstances for which an employee has to take time off immediately, for instance, when making arrangements for the care of a sick family member or in the event of a death in the family.

You must always grant a reasonable request for emergency leave. During this period of leave, you are required to continue paying the employee's salary.

Parental leave

Employees with children aged up to 8 can take unpaid parental leave. The employee must have been employed by you for at least one year. In principle, you cannot refuse this leave.

Short-term care leave

Short-term care leave can be taken to provide essential care to parents, ill children who still live at home or partners. However, this leave is only granted on the condition that the employee in question is the only person who can look after the ill person at that moment in time. During the period of leave, you must continue to pay at least 70% of the employee's salary.

Long-term care leave

If a child, partner or parent of one of your employees is seriously (i.e. life threatening) ill and requires care, the employee can request long-term care leave. During this period of leave, you do not have to continue paying the employee's salary.

Adoption leave

If an employee has adopted a child, both the employee and the child will need time to adjust to each other. All employees who adopt a child are entitled to adoption leave (foster leave). The leave applies to both parents.

Special or extraordinary leave

Special leave and extraordinary leave are not granted pursuant to the Work and Care Act (Wet arbeid en zorg, WAZO), but are rather provided for in your collective labour agreement (CAO), company scheme or employee contract. This leave includes leave in the event of giving official notice of an intended marriage, marriage (of a family member), moving house, funeral (of a family member) or a service/wedding anniversary.

Unpaid leave

Employees may in consultation with you take unpaid leave on a full-time or part-time basis. 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 to include arrangements relating to unpaid leave.