In principle, the employee can decide how the supplemental birth leave will be taken (i.e. leave after the birth of their child. Different from the maximum one-week birth leave where the employer is obligated to pay for leave, the Dutch Employee Insurance Agency (UWV) will pay the supplemental birth leave, awarding a benefit that equals 70% of the daily wage of the partner, but capped at 70% of the maximum daily wage. daily wage. As of July 1, 2020, partners are entitled to additional birth leave after the birth of their child. 29 April 2020 - 08:39. Business Health. 12 Ways To Cut HR Costs Without Redundancies, Employer's Processing Of Employee's Criminal Offence Data Deemed Lawful Under GDPR *. This leave must be taken in the first 6 months after childbirth. I want to get rid of that," she said. Currently, parents are entitled to 26 weeks of unpaid leave during the first eight years of a child’s life. Both breaks may be split into increments of 15 minutes. The remaining 17 weeks of (unpaid) parental Work and Care Act, 2001 (as amended). paid, Maternity leave: ten to twelve weeks following birth - 100% After a night shift, a worker’s next shift must start at least 14 hours later, and if an employee works a series of three or more night shifts, the next shift cannot start for at least 46 hours. More Dutch dads take paternity leave. On 29 April, the government announced that it intends to further expand leave arrangements for parents from 21 August 2022. In this update we discuss the new regulations including the consequences it will have for your employees and business. Parents are currently entitled to 26 weeks of parental Legislation is currently in the works to incorporate these directives. Employees can take a maximum of four weeks of consecutive leave, beginning as early as two weeks before the adoption and ending no more than 16 weeks after the adoption. Paid parental leave extended further starting in 2022, Ministry of Social Affairs and Employment, Health insurers CZ and VGZ to raise premiums next year, Shots fired at Saudi Arabia embassy in The Hague, Mandatory masks: €95 fine for not complying, no criminal record, Celebrate Sint Maarten at home tonight: Security regoins, Sufficient substantiation for mandatory face masks: Human Rights Institute, Coronavirus infections rise back towards 5,500; Still down 29% from last week, NS asks travelers to register train trip in advance, to manage crowds, Amsterdam politician Sharon Dijksma named new Utrecht mayor. Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq: Yes, I am happy to received promotional communications from Mondaq, No, please do not send me promotional communications from Mondaq, Maternity leave: four to six weeks before the due date - 100% It also gives announced that it intends to further expand leave arrangements for By using our website you agree to our use of cookies as set out in our Privacy Policy. After a series of 3 or more night shifts, an employee must have at least 46 hours of non-work time. The employee must first use the regular birth leave (capped at a one-week maximum) before the supplemental birth leave comes into play. paternity or partner leave). Select your topics and region of interest: SCROLL FULLY DOWN TO READ THE TERMS AND CONDITIONS. In addition, employees are paid a holiday allowance each year that amounts to 8 percent of their gross annual salary. If a night shift ends after 2 am, this must be followed by a minimum of 14 hours of non-work time. In the event of a 5-day work week, an employee must have 36 consecutive hours of non-work time after the end of the workweek. An employer has to pay at least the minimum wage applicable to the employee for overtime work. Parents in the Netherlands can already take 26 weeks of parental leave in the first 8 years of their child's life, but that leave is unpaid unless arranged otherwise in a collective bargaining agreement or within a company. If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect. 16 February 2018 - 09:15. Any contemplated refusal must be made in consultation with the employee. Netherlands: Effective January 1, 2019, employer-paid paternity/partner leave increased from two to five days. "This makes it possible for about 200 thousand parents to have a job and at the same time spend more time at home.". If the employee only works a night shift occasionally (less than 16 times in 16 weeks), the same applies as for day shifts: on average 48 hours of work per week. leave per child, which they may take during the first eight years I find that the employment law newsfeeds are extremely helpful and relevant. Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. This may be extended to 8 if agreed as such in a collective arrangement. They can take time off while they are preparing to have a baby, and once he or she has been born. Parents in the Netherlands can already take 26 weeks of parental leave in the first 8 years of their child's life, but that leave is unpaid unless arranged otherwise in a collective bargaining agreement or within a company. timetabling reasons or shortage of staff). The adoption allowance remains available if an employee’s contract ends or the employee resigns or loses his or her job and adopts or fosters a child within 10 weeks of termination of employment. Please contact customerservices@lexology.com. Under the Working Hours Act, the maximum workday is 12 hours and the maximum workweek is 60 hours. 7:629. Mondaq has a "free to view" business model. The nine weeks partially paid leave comes out … As of 1 July 2020, the Netherlands introduced a substantial increase in birth-leave entitlements. The website provides an avenue for quick research regarding various employment law issues. "Our tax system, our childcare and our norms and values often ensure that fathers work full-time and mothers work part-time, taking care of the children. Effective August 21, 2022, the government plans to introduce paid parental leave. With this regulation, the government aims to promote the equal Your use of the Website and/or Services constitutes your agreement to the Terms. 15 (Dutch). An employee may not work the maximum number of hours every week. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever. If your business engages contractors, either directly or through an agency, who work through intermediaries (e.g. Parents in the Netherlands to get more paid leave from 2022 29 April 2020, by William Nehra Parents in the Netherlands are to be given more paid leave after having a baby. An employee does not have to work on Sundays unless the employer and employee have made an agreement in this respect. The employee can only take the (maximum) additional five weeks leave within six months after the birth of the child. The employee must request leave two weeks in advance and is entitled over a 12­-week span each year to up to half the number of hours he or she normally works. The employee may demand that the employer grants him leave, without preserving his right to wages during his absence, for attending the meetings of the First Chamber of the States-General (Parliament), the meetings of representing bodies of government authorities elected directly by the public, with the exemption, however, of the Second Chamber (House of Commons) of the States-General, and for attending the meetings of commissions formed by these representing bodies. Netherlands SDE++ subsidy to be reduced with value of Guarantees of Origin, Warranties in supply contracts - The Netherlands, Netherlands increases options for partners to take birth leave, An update on birth leave and parental leave from the Netherlands, Six weeks of paid paternity leave for partners, Global - Ius Laboris survey of maternity, paternity and parental leave provision, Austria -‘Daddy Month’ Implemented and Treatment of Maternity Leave Time Amended. William studied a masters in Classics at the University of Amsterdam. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. With the nine weeks added in August 2022, parents will have 15 weeks of partially paid partner leave. The Content is general information only. Specialist advice should be sought Paid parental leave extended further starting in 2022, Fathers, partners to get 5 days paid childbirth leave from 2019, Give both parents six weeks paid leave after childbirth: Dutch council, Netherlands ranked best for sick workers, unemployed, Labour MP pushes six-month parental leave in Netherlands, Advocates: More parental leave benefits fathers, kids, Expand maternity leave for multiple births: MP, Paternity leave rights extended, friends get unpaid leave to assist, Longer maternity leave urged for incubator baby moms, Health insurers CZ and VGZ to raise premiums next year, Shots fired at Saudi Arabia embassy in The Hague, Mandatory masks: €95 fine for not complying, no criminal record, Celebrate Sint Maarten at home tonight: Security regoins, Sufficient substantiation for mandatory face masks: Human Rights Institute, Coronavirus infections rise back towards 5,500; Still down 29% from last week, NS asks travelers to register train trip in advance, to manage crowds, Amsterdam politician Sharon Dijksma named new Utrecht mayor. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services. Apart from the DCC, there are general rules laid down in the Dutch Constitution and in a wide range of specific employment laws including the Works Councils Act, the Working Conditions Act, the Collective Dismissal Act, the Collective Bargaining Agreement Act, the Minimum Wages and Minimum Vacation Compensation Act and the Equal Treatment Act.