There are now many types of leave that can be used when a family grows up. We have made an overview of the types of leave and the corresponding main rules. Special situations such as leave entitlements for self-employed workers, illness during leave, having multiple births or adoption will not be discussed below.
From 2 August 2022, it is new that parents can make use of partially paid parental leave. This form of leave can also be used by parents whose child has not yet reached the age of one year on 2 August 2022.
If you have any questions about these special leave situations, or about ordinary leave in the event of family expansion, please do not hesitate to contact one of our labour law specialists without obligation.
Maternity and childbirth leave
- Who: the pregnant employee
- Duration: 16 weeks
- Compensation: benefit equal to 100% of the(maximum) daily wage
Maternity leave starts six to four weeks before the due date. No later than three weeks before the leave, the employee requests this from the employer.
After giving birth, the employee is entitled to ten weeks' maternity leave. The employee must report the birth to the employer no later than the second day after the birth.
The employer applies to the UWV for the benefit for the employee. Usually, the employer continues to pay the employee's salary and the UWV transfers the benefit to the employer.
Emergency leave
- Who: The partner
- Duration: during the partner's delivery
- Compensation: salary
For the time that the employee cannot perform work to attend the birth of the partner, the employee shall enjoy emergency leave with pay.
Maternity leave
- Who: The partner
- How long: 1 week*
- Compensation: salary
The partner can take one week of paid leave within four weeks of the birth. The employee can arrange the leave as he/she wishes. The week does not have to be taken consecutively.
The employee shall notify the employer in writing of the starting date and the manner in which the leave is to be taken, no later than four weeks before the starting date. The leave period is also dependent on the date of birth, so it is often impossible to give an exact date. In that case, the employee must inform the employer of the leave period as soon as possible.
Additional birth leave
- Who: The partner
- How long: 5 weeks*
- Compensation: benefit 70% of the (maximum) daily wage
The partner, after taking the week-long maternity leave, can also take additional maternity leave. The additional birth leave lasts a maximum of five weeks and must be taken in the 26 weeks (six months) after the birth. The employee can also arrange this period as they see fit.
The employee shall notify the employer in writing of the starting date and the manner in which the leave is to be taken, no later than four weeks before the starting date of the leave.
The employee is entitled to a benefit that is applied for at the UWV through the employer.
Parental leave
- Who: The parents
- How long: 26 weeks*
- Fee: none
Both parents are entitled to parental leave of up to 26 weeks. The date and schedule of the leave shall be communicated in writing to the employer at least two months before the starting date. The 26 weeks can be distributed as you see fit, but cannot be taken after the child has turned eight.
From 2 August 2022, a benefit can be obtained for part of this leave, this is the partially paid parental leave and is explained below.
Partially paid parental leave
- Who: The parents
- How long: 9 weeks*
- Compensation: benefit 70% of the (maximum) daily wage
Of the 26 weeks of parental leave, benefits can be obtained for nine weeks. Whereas ordinary parental leave can be taken in the first eight years of the child's life, partly paid parental leave can only be taken in the first year of the child's life and only after the (additional) birth leave has been taken (or is no longer entitled to it).
The date and distribution of the leave shall be communicated in writing to the employer at least two months before the starting date. The nine weeks may be distributed as the employer sees fit. The benefit is applied for with the UWV through the employer.
Parents who have had a child in the year before 2 August 2022 and who have not yet fully used the 26 weeks of leave are also eligible for the partially paid parental leave. To be able to use the full nine weeks, the child must have been born no earlier than 4 October 2021.
Can the employer refuse leave in case of family expansion?
Birth and parental leave are in principle determined in line with the employee's wishes. The employer cannot refuse the leave. Only if the employer has a serious business or service-related interest in doing so, can the leave be arranged differently than requested by the employee, after consultation with the employee.
Contact*) Wherever "weeks" is mentioned, this means "weekly working hours".