Leave arrangements

Maternity and childbirth leave

Maternity leave begins between 6 and 4 weeks before the expected date of delivery. The employee must apply for this leave from their employer, providing a doctor’s certificate stating the expected date of delivery.

Maternity leave lasts for at least 10 weeks from the day after the birth, plus the number of days by which the baby was born prematurely.

Maternity leave for multiple births

As of 1 April 2016, female employees expecting multiple births are entitled to four weeks’ additional maternity leave. They may choose to start this leave between ten and eight weeks before the expected date of delivery. This change came into effect on 1 April 2016 and applies to female employees whose due date is 26 May 2016 or later. The duration of maternity leave remained unchanged. This could have adverse consequences. For this reason, in the case of a multiple pregnancy, maternity leave has now been extended by the number of days by which the antenatal leave was shorter than ten weeks. This latest amendment came into force on 1 April 2018.

Maternity leave

The employee’s partner is entitled to two days’ paid paternity leave. In the case of a home birth, the partner must take this leave within four weeks of the birth. In the case of a hospital birth, the partner must take the leave within 4 weeks of the baby’s discharge from hospital. The paternity leave may be used to register the child with the registry office. Emergency leave (see below) may also be taken to register the child.

Possible additional maternity leave

In February 2018, the Government published the Bill on the Introduction of Additional Birth Leave (WIEG). Among other things, this Bill provides for the current maternity leave to be replaced by birth leave. With effect from 1 January 2019, birth leave will be extended from two days to a maximum of one times the employee’s weekly working hours. An employee who works four days a week will therefore be entitled to four days’ paid birth leave. The employee must take the birth leave within four weeks of the date of the birth.

From 1 July 2020, employees will also be able to take supplementary paternity leave following their paternity leave. The duration of this leave is a maximum of five times the weekly working hours. During this leave, the UWV will pay the employee a benefit amounting to 70% of their daily wage, up to a maximum of 70% of the maximum daily wage. The employee must take the supplementary paternity leave within six months of the date of the birth. The employee is only entitled to the supplementary leave if they have used up the birth leave paid by the employer.

Note!
This proposal has yet to be approved by parliament.

Special types of maternity and childbirth leave

• The ‘incubator scheme’: maternity leave is extended by up to 10 weeks if the baby is hospitalised for a prolonged period. The first 7 days of hospitalisation do not count towards the extension of maternity leave.
• Part-time maternity leave: the period of maternity leave starting 6 weeks after the date of childbirth may, in consultation with the employer, be taken in instalments over a period of up to 30 weeks. This allows for part-time maternity leave. The employee must submit a request to the employer to this effect no later than 3 weeks after the date of childbirth.
• Transfer of remaining maternity leave in the event of the mother’s death. The partner of a mother who dies after the birth whilst on maternity leave is entitled to the remaining maternity leave on full pay. This ensures that the newborn child is cared for by a parent. The partner’s employer can then claim reimbursement for the continued payment of wages from the UWV.

Foster Care and Adoption Leave

If an employee adopts a child or takes a foster child into their family, they are entitled to adoption leave or foster care leave. This leave applies to both adoptive and foster parents. Adoption or foster care leave lasts for a maximum of 4 weeks. During the leave, the employee is not entitled to pay, but is entitled to an adoption or foster care allowance. If a child is adopted jointly with a partner and both parents are in work, each parent is entitled to 4 weeks’ leave. The UWV pays this allowance, often via the employer. The employee continues to accrue annual leave during the leave. If the employee falls ill whilst on leave, the leave continues. The leave must be taken within a period of 26 weeks. The entitlement begins 4 weeks before the first day of the actual adoption or placement in the foster family and ends 22 weeks afterwards. Employees may take the leave in instalments.

Tip
The aforementioned bill introducing additional birth leave (WIEG) also provides for the extension of adoption leave from 4 weeks to 6 weeks. This proposal, too, is yet to be approved by Parliament.

Short- and long-term care leave

Short-term care leave is intended to allow you to provide essential care for a few days to children living with you (including foster or adopted children), your partner or your parents. The employer continues to pay at least 70% of the employee’s salary, but not less than the minimum wage and, in principle, not more than 70% of the maximum daily wage. During care leave, the employee continues to accrue annual leave. The employee may take up to twice the number of hours they work per week as short-term care leave within a 12-month period. The 12-month period begins when short-term care leave is taken for the first time.

Long-term care leave is intended to enable an employee to care for a seriously ill partner, child or parent over an extended period. The employer is not obliged to continue paying the employee’s salary during the leave, but the employee does continue to accrue annual leave during this period. The leave is limited to a maximum of six times the weekly working hours in any period of 12 consecutive months. Here too, the 12-month period begins on the first day on which the leave is taken.

Employees may also take short-term and long-term care leave to provide the necessary care for:

• grandparents, grandchildren, brothers and sisters (second-degree relatives),
• household members other than the children or partner (for example, an aunt living in the same house), people with whom the employee has a social relationship (for example, a neighbour or friend) and who are dependent on the employee’s help.

Long-term care leave may be taken both in the event of a life-threatening illness and to provide the necessary care in the event of illness or a need for assistance. It is not necessary for the patient’s short-term chances of survival to be slim or non-existent. This automatically means that an employee may submit multiple requests for long-term care leave on behalf of the same person.

Emergency and short-term sick leave

Emergency leave is provided for personal matters that an employee must resolve immediately, for doctor’s appointments and hospital visits that cannot be scheduled outside working hours, and for other situations in which the employee is temporarily unable to work. The employer continues to pay the employee’s salary in such cases. In effect, this represents a shift in the risk associated with wage payments. Depending on the time needed to resolve the initial issues, emergency leave lasts from a few hours to a few days. If it takes longer, the employee may request short-term care leave.

Examples of situations in which an employee may take emergency or short-term sick leave:

• a close relative dies;
• the employee’s partner is giving birth.

The Act sets out what constitutes unforeseen circumstances for which emergency or short-term sick leave may be granted. The Act lists the following situations, but there are other conceivable scenarios:

• an urgent, unforeseen or, in all reasonableness, unplannable out-of-working-hours visit to a doctor or hospital by the employee or by someone falling within the category of persons for whom short- and long-term care leave is also available (including grandparents, parents, children, grandchildren) and whom the employee is accompanying;
• necessary care on the first day of illness for a person who falls within the category of individuals for whom both short-term and long-term care leave is available;
• in the event of unforeseen circumstances requiring the employee to take immediate time off (for example, in the event of a gas leak or a burst water pipe).

Flexible working

With effect from 1 January 2016, the Working Hours Adjustment Act was replaced by the Flexible Working Act. An employee who has been in service for at least 26 weeks and who wishes to adjust their working hours, place of work or working time must submit a written request to their employer at least two months before the intended start date. The employer must then consult with the employee regarding their request for an adjustment. The employer must respond to the request in writing no later than one month before the intended start date. If the employer fails to respond, the request is deemed to have been granted.

Conditions

An employee may submit a new request to adjust their working hours, place of work or working schedule once a year. In the event of unforeseen circumstances, working hours may also be adjusted at any time during the year. It is also possible to adjust working hours for a short period, for example to provide informal care, and to make up for this later by working more.

A request to adjust working hours or the working schedule may only be refused if there are compelling business or service interests that preclude the request from being granted. Where adjustments to the place of work are concerned, a less stringent regime applies: the employee may submit a request, and the employer is obliged to consider it. There is therefore no enforceable right to an adjustment to the place of work.

If an employee is granted permission to work from home, their home becomes their workplace. The employer must then check to what extent this workplace complies with health and safety legislation.