Caregiver leave under Dutch employment law
The Work and Care Act (Wet arbeid en zorg, WAZO) provides employees with two forms of caregiver leave (zorgverlof): short-term care leave (kortdurend zorgverlof) and long-term care leave (langdurend zorgverlof). Both forms allow employees to take time away from work to care for a seriously ill partner, child, parent, or other person in the employee's household or social network.
Short-term care leave amounts to twice the weekly working hours per year. For a full-time employee, this means up to ten days per year. During short-term care leave, the employer must pay at least 70% of the salary, subject to a minimum of the statutory minimum wage. Most employment contracts and collective labour agreements provide for full pay. The employee must notify the employer as soon as possible and provide information about the necessity of the care. Short-term care leave is regulated under Article 5:1 WAZO. Derogations to the statutory 70% pay continuation are possible by collective agreement or, where no CAO applies, by written agreement between the employer and the works council (Article 5:16 WAZO).
Long-term care leave in the Netherlands
Long-term care leave (langdurend zorgverlof) amounts to six times the weekly working hours per year per person in need of care. For a full-time employee this is 30 days per year. Unlike short-term care leave, long-term care leave is unpaid by law - the employer has no obligation to continue paying wages. However, the CAO or employment contract may provide for (partial) pay continuation.
Long-term care leave may be taken flexibly: full-time, part-time, or in separate periods. The employee must give the employer two weeks' notice and specify the form of the illness, the relationship with the person needing care, and the proposed schedule. The employer may only refuse or modify the leave in exceptional circumstances involving compelling business interests. Long-term care leave is regulated under Articles 5:9-5:17 WAZO. Derogations from the statutory unpaid long-term leave entitlement are possible by collective agreement or by written agreement between the employer and the works council where no collective agreement applies (Article 5:16 WAZO).
Protection and interaction with other leave under Dutch law
Article 7:670 of the Dutch Civil Code prohibits dismissal connected with the exercise of care leave rights. An employee who is caring for a seriously ill relative may also be entitled to emergency leave (calamiteitenverlof) for acute situations. Care leave differs from parental leave in that it covers care for persons other than young children and is not tied to parental status.