Mommies, Daddies and their rights

By F. Jager, 30-08-2022, HR4Expats

Last updated at 11-07-2023

 

Becoming a mom or dad brings plenty of stress on its own, and the last thing you want to worry about is arranging stuff at work. Therefore, this small overview of all the important topics parents need to know.

Paid maternity leave (NL: Zwangerschaps- en bevallingsverlof)
As Expat, you might be happy or disappointed regarding the duration of the maternity leave in the Netherlands. In the Netherlands, we have in total of 16 weeks of maternity leave. The maternity leave is split into 4-6 weeks before the due date (NL: zwangerschapsverlof) and 12-10 weeks after the birth (NL: bevallingsverlof.)

It might happen that things do not go exactly as planned. Here are some things you need to know:

  • You will still have a total of 16 weeks of maternity leave if your baby is born too early. The remaining weeks of your ‘zwangerschapsverlof’ will be added to your ‘bevallingsverlof’.
  • A similar rule applies when your baby is born later than expected. If you initially took 4 weeks ‘zwangerschapsverlof’ and your baby is born 2 weeks later, then you still have 12 weeks ‘bevallingsverlof’. This makes the maternity leave 18 weeks instead of 16 weeks.
  • Moreover, if your baby must be hospitalized for long-term, you as a mom will still receive 10 weeks of ‘bevallingsverlof’ from the moment you can take your baby home.


Because of these rules and regulations, informing your employer about the happy news that your baby has been born is essential. Then the employer can update your maternity leave on time by the UWV.

I hope you will never be in this situation. However, if your child passes away after the 24th week of pregnancy, you will receive 16 weeks of paid leave. The same rules apply to this situation as maternity leave.

Moreover, if the mother passes away during child labor, the remaining maternity leave (10 weeks) is transferred to the father. Note that you must inform the company of the mother’s passing on time (2 days).

For further research check out: https://www.uwv.nl/werkgevers/werknemer-krijgtkind/zwanger/na-aanvraag-zwangerschapsuitkering/detail/zwangerschap-voortijdig-ge-eindigd

Other types of leave
Besides maternity leave, there are some other types of leave you must be aware of when you are to become a mom or dad.

As a partner, you also have the right to spend time with your newborn child and care for the mom. This is what we call Geboorteverlof. So, who can apply for the ‘geboorteverlof’? Everyone who is:

  • The lawful partner
  • The registered partner
  • The partner that lives together with the mom (unmarried)
  • Or the person who acknowledges the child as his own

The ‘geboorteverlof' is 1 week (100% paid, till the maximum daily wage calculated by the UWV) and is extended with the 'aanvullend geboorteverlof' of 5 weeks. These 5 weeks are 70% paid (till maximum the daily wage calculated by the UWV). So, as a partner, you have 6 weeks of leave. Like maternity leave, you must inform your employer about the due date and when the baby is born. Moreover, the salary you receive is based on your daily income. The UWV calculates this. Note that there is a maximum daily income which is decided by the UWV.


If you adopt one or multiple children, you will have 6 weeks of adoption leave. You can (depending on what is best for your situation) spread these 6 weeks over a period of 26 weeks. This is the same rule that applies to foster parents. It would be best if you informed your employer 3 weeks (when possible) in advance. But in most cases, new parents are so excited
that the employer is already informed on time.

Paid and unpaid parent leave (NL: Betaald en onbetaald ouderschapsverlof)
Since the 2nd of August 2022, the Netherlands has implemented the right for 9 weeks of paid parental leave (both parents can apply for this at their company). Here are some things you need to know.

You have 26 weeks of parental leave, from which 9 are paid. However, you must take these 9 weeks before your child turns 1 year old. After the first birthday, the right for paid parental leave is expired.

During the paid parental leave, you will receive (approximately) 70% of your salary.
NOTE: There is a maximum wage. If your salary is too high, you might receive less than 70% of your average salary. Please do not blame your employer for this. The UWV decides what the maximum wage is for paid parental leave. Good to know the government, not your employer, pays the paid maternity leave and the paid parental leave. Unless you have extra benefits regarding parental leave applied in your CAO.

Because this is a new rule, many companies still need help implementing paid parental leave.

Besides paid parental leave, there is also unpaid parental leave. The unpaid parental leave will expire on the 8th birthday of your child. As already indicated, this is an unpaid leave. Therefore, it is good to know that unpaid parental leave impacts your number of holidays, holiday allowance, and your pension.

Furthermore, if you want to take a few weeks of (un)paid parental leave, you should inform your employer at least 2 months in advance. Depending on how you choose to take this parental leave (for example, 1 day per week or 9 weeks straight), your employer can find a replacement.

As you can see, parents have many different rights in Dutch labour law. If I may give all parents one last piece of advice, don’t feel guilty. I have seen some parents feeling guilty for taking maternity leave or taking those 9 weeks of paid parental leave. You should never feel guilty wanting to spend time with your child.

 

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