Expanding Partner Leave from 1 July 2020

With the partial introduction of the Extra Birth Allowance Act (WIEG), the paternity/partner leave has been extended as of 1 January 2019 to once the weekly working time (in the case of a full-time employee this contains 5 days).

As of July 1, 2020, further expansion will follow, with additional partner leave of up to 5 working weeks. The working hours per week are also the starting point for this. A part-timer who works two days a week is entitled to a maximum of 5 times 2 days of additional partner leave.

Amount of benefit

If an employee uses this leave, the employer will not pay the wages for this leave period, but the UWV.

Employers must apply for leave benefits for their employees. The benefit from the UWV is 70% of the daily wages, with a maximum of 70% of the maximum daily wages. Employers who continue to pay 70% of their wages during the leave can keep the UWV benefit themselves.

The employer and employee can mutually agree to increase the daily wages to the employee's regular salary. Such a supplement is not an obligation, unless something is included in the applicable collective labor agreement or a company regulation. Moreover, the employer has to take into account that when such a supplement is granted, the same supplement must also be offered in comparable cases.

Requirements

The following three conditions apply to the additional partner leave:

• The leave must be taken in the first six months after the birth;
• First, the basic partner leave must be taken (once the number of working hours per week);
• The employee must apply for additional partner leave in whole weeks. In consultation with the employer, the leave can be spread over a period longer than five weeks. Only in the case of a compelling company interests, the employer may schedule the leave days differently in consultation with the employee.

Application

The employee must report the leave in writing to the employer at least four weeks before the additional partner leave commences. In special situations, for example if the baby is born prematurely, the employee will request additional leave as soon as possible.

The application must include the following:

• When the employee wants to take the leave (this can depend on the date of childbirth, the maternity leave or the partner leave of one working week per week);
• How many whole weeks the employee wants to request;
• Over how many weeks the employee wants to spread the leave, for example taking 5 working days within one week, dividing 5 working days over 5 weeks.

Parental leave

Parental leave will continue to exist. Parents can use parental leave until the 8th birthday of their child. This concerns unpaid leave of 26 times the working hours per week. Sometimes a collective labor agreement states that part of the parental leave will be paid.

Need help?

Dutch Legal Experts is available to assist you with issues related to the various types of leave. Feel free to contact Dutch  Legal Experts for more information.

June 11, 2020