Parental leave under Dutch employment law
Both parents are entitled to parental leave (ouderschapsverlof) in the Netherlands under the Work and Care Act (Wet arbeid en zorg, WAZO). The statutory entitlement is 26 times the weekly working hours. For a full-time employee, this amounts to 26 weeks of leave that may be taken on a part-time or full-time basis at any point up until the child's eighth birthday.
Since August 2022, nine of the 26 weeks are partially paid when taken during the first year of the child's life. The Employee Insurance Agency (UWV) pays a benefit of 70% of the daily wage during these nine paid weeks, up to the statutory maximum daily wage. The employer does not need to supplement this payment unless required by a collective labour agreement (CAO). The remaining 17 weeks of parental leave are unpaid unless the employment contract or CAO provides otherwise. Parental leave is regulated in Articles 6:1-6:8 WAZO. Collective agreements may derogate in peius from the statutory parental leave provisions (Article 6:8 WAZO); where no collective agreement applies, the employer and works council may agree on modified arrangements in writing.
How to request parental leave in the Netherlands
The employee must notify the employer in writing at least two months before the start of the leave, specifying the period, the number of hours per week and the distribution of hours. The employer may in principle not refuse parental leave, but may - in case of compelling business interests - postpone the start by up to four weeks or adjust the pattern of hours, provided the total entitlement is respected.
Parental leave may be taken in multiple periods. Accrual of annual leave continues during parental leave, but pension accrual may be reduced or suspended depending on the pension scheme rules. Employees must verify the position with their pension fund or insurer. The employee must give the employer at least two months' written notice before the leave starts, stating the period, number of hours, and distribution of those hours (Article 6:4 WAZO). The employer may not refuse parental leave but may, in exceptional cases of compelling business interests, postpone the start by up to four weeks or modify the hours pattern, provided the total entitlement is respected.
Protection against dismissal under Dutch employment law
Article 7:670 of the Dutch Civil Code prohibits the employer from dismissing an employee on account of the exercise of parental leave rights. Any dismissal motivated by a parental leave request or the taking of parental leave is legally void. The employee who suspects such a connection should seek legal advice promptly from an employment lawyer in the Netherlands.