Paternity leave (geboorteverlof) under Dutch law
Since 1 January 2019, partners of a new mother are entitled to paid paternity or partner leave (geboorteverlof) in the Netherlands under the Work and Care Act (Wet arbeid en zorg, WAZO). The initial entitlement is one week (equal to the number of days the employee works per week) of fully paid leave, to be taken within four weeks of the birth. This basic leave is fully paid by the employer.
In addition to the basic week, the partner may take up to five additional weeks of extended partner leave (aanvullend geboorteverlof) within the first six months after the birth. During this extended leave, the Employee Insurance Agency (UWV) pays a benefit of 70% of the daily wage (up to the maximum daily wage). The employer is not required to top up this benefit to 100%, unless a collective labour agreement (CAO) or employment contract requires it. Both the basic leave week and the extended partner leave are regulated in Articles 4:2-4:2a WAZO. The paternity leave right was introduced with effect from 1 January 2019 as part of a broader legislative reform to promote gender equality in childcare responsibilities, replacing the previous entitlement of only two days of paid leave.
Who is entitled to paternity leave in the Netherlands?
The right to geboorteverlof applies to the registered partner, spouse, or co-habitant of the mother who has jointly recognised the child. It also applies to the employee who recognises the child. The leave applies equally to same-sex partners. The employee must notify the employer at least four weeks before taking the leave.
Paternity leave does not affect the employee's entitlement to annual leave, pension accrual, or other contractual rights. The employer may not dismiss the employee on account of the leave request. Protection against dismissal applies during the period in which the leave is taken under Article 7:670 of the Dutch Civil Code. The employee must notify the employer of the intended leave at least four weeks before the expected date of birth (Article 4:2(4) WAZO).
Interaction with parental leave under Dutch law
Paternity leave is separate from parental leave (ouderschapsverlof), which both parents may take during the first nine years of the child's life. Partners who wish to spend more time with their newborn may combine paternity leave with parental leave. The total leave entitlement depends on the employment contract and any applicable CAO.