Types of leave

By F. Jager, 29-09-2022 , HR4Expats

 

Besides maternity leave and vacation days, there are other types of leave you need to know. I personally was not aware of the types of leave until my first ‘big girl job’. Still, it can be confusing the different types of leave and when what is implacable for your situation.

First is the (paid) emergency leave (NL: calimiteitenverlof). As the word says, it is incased of an emergency. Think of water pipes that have burst in your house, your wife going into labour, etc. This type of leave gives you the time to organize an emergency situation without the stress of work. The emergency leave should therefore have a duration of one-day maximum. Moreover, it would be best if you informed your employer as soon as possible.

Then there is the short-term leave (NL: Kort verzuimverlof). It should not come as a surprise when I tell you that personal appointments must be scheduled outside of working time. However, planning a doctor or dentist appointment outside working hours is sometimes impossible. In that case, there is short-term leave. Here is where the CAO and contract play an essential part. Although your company might allow you to go to the doctor during work hours, it can be that you have to ‘make up’ for the lost time by working overtime, depending on the CAO. This is not the case in all industries; in most industries, you do not have to ‘make up’ for the missed hours.

It might also occur that you must provide care for a family member due to illness. For that situation, there is either short-term or long-term care leave. When you are the only one that can provide health care for a sick family member, you can apply for this type of leave. NOTE: your employer is allowed to ask you for a doctor’s note (like in high school), which states you are the one that must provide care for the family member.

By family member, we mean:

  • Your partner with whom you live with
  • Your (or your partners or foster) child who lives under the same roof
  • Your parents, siblings, grandparents, housemates, or another direct social family member


However, you can not apply for the care leave if you must take care of your in-law’s parents or a child that does not live under the same roof. But the CAO is allowed to differentiate in this. Both short-term and long-term care leave can be taken flexibly.

For example. John, who works at the X-Store, received the news that his father, Peter, needs an operation for his lower back. Luckily for John, his father Peter moved last year from Spain to the Netherlands (this saves John much commuting). Due to the surgery, Peter needs care at home for a week. Peter is not allowed to move from his bed (only to the toilet with help). John has requested the HR department of the X-store to take short-term care leave for 1 week. John hands them the note from his father’s doctor. HR approves the request and wishes Peter a good recovery. John will be paid 70% of his salary during the week he takes care of Peter.

So, what is the difference between short-term and long-term care leave? Short-term care leave (NL: kortdurend zorg verlof) is paid (70% of your salary) and has a duration of a maximum of 2 weeks per year.

Long-term care leave (NL: langdurend zorg verlof) is unpaid. And has a duration of a maximum of 6 weeks per year.
NOTE: Because it is unpaid leave, it will have a direct effect on your vacation days, vacation allowance, pension, governmental allowance (think of NL: Zorgtoeslag), and more.

Then there is unpaid leave (NL: onbetaald verlof) or sabbatical. This is not quite popular in the Netherlands and has yet to be organized by law. If you ask your employer if you can take unpaid leave, he is allowed to deny your request. Check your CAO, employee handbook, or contract to
see what the agreements are at your company.

As you can see, there are many types of leave. Hopefully, this gives you some guidelines to assess what form of leave applies to your situation. Last, I would like to stress out that you should read the CAO, employee handbook, or your contract. The different types of leave tend to differ slightly depending on your industry. Or contact your employer/HR department. They can help you see what kinds of leave apply to your unique situation.

Sources:

  • G.A. Diebels, De Kleine Gids voor het Nederlandse arbeidsrecht, Deventer: Wolters Kluwer 2020.