Adoption leave under Dutch employment law
Adoptive parents and foster parents who take a child into their permanent care are entitled to adoption and foster care leave (adoptie- en pleegzorgverlof) under the Work and Care Act (Wet arbeid en zorg, WAZO). The entitlement is six weeks of paid leave per child. Both adoptive parents may each take six weeks of leave independently.
The leave may be taken in the period starting four weeks before the child arrives in the family and ending 26 weeks after arrival. The employee has flexibility to spread the six weeks over this window. The Employee Insurance Agency (UWV) pays a benefit of 100% of the daily wage (up to the maximum daily wage) during the adoption leave period. The employer applies for this UWV benefit on the employee's behalf. Adoption leave is regulated under Articles 3:2-3:7 WAZO. Both adoptive parents may each independently take the full six weeks, making the combined family entitlement up to twelve weeks of fully paid leave per child. All statutory forms of leave are minimum standards; collective agreements frequently offer more generous arrangements.
How to notify the employer under Dutch law
The employee must inform the employer of the intended adoption leave at least three weeks before the leave is to start, stating the expected date of arrival of the child and the proposed leave period. As with maternity leave, the employer must grant the leave and cannot refuse it. The employment contract remains in force throughout the adoption leave, and the employee continues to accrue annual leave in full.
Protection against dismissal applies during adoption leave under Article 7:670 of the Dutch Civil Code. Any dismissal that is causally linked to the adoption leave or the leave request is legally void. Adoptive parents may also subsequently take parental leave to spend additional time with the child before the age of eight. Protection against dismissal connected with adoption leave applies under Article 7:670 of the Dutch Civil Code; any dismissal causally linked to the leave or the leave request is legally void.
International adoption leave under Dutch law
For international adoptions, the six-week leave period may be taken around the stay in the country of origin required for the adoption procedure. In practice, many international adoptions require extended stays abroad. Employees and employers should plan the leave carefully, taking into account the flexibility offered by the WAZO regarding the timing of the leave within the 26-week window after the child's arrival.