In the Netherlands we have many rules. This gives you something to hold on to, but it can also be confusing. Sometimes they change over time. In this blog we will take you through what partner leave entails and how it is structured. This way you and your partner are up to date with the latest news and you know what your rights are. We think it's important that you can find all information on our platform and that includes information about partner leave. So go ahead and push this blog under your partner's nose and everything will be fine!
What is partner leave?
Partner leave - also known as birth leave, maternity leave or paternity leave - is a form of statutory leave. This leave is meant for the partner of the mom. And this applies to all kinds of relationships involving the mother of the child and the child itself. So married, a registered partnership, unmarried but living together or for the one who recognizes the child as his or her own (Ministry of General Affairs, 2021).
How long does a partner's leave last?
Since January 1, 2019, the rules for spousal leave have changed. If you are employed you are entitled to one week of leave based on your working hours. So do you work eight hours a day five days a week? Then you are entitled to 5 x 8 working hours, so that is 40 hours. The employer is obliged to continue paying your salary during your leave. It is important that this leave is requested within four weeks after the birth of the baby, otherwise it will expire. The four weeks start immediately after the birth (in case of a home birth) or upon returning home (in case of a hospital birth) (Ministry of General Affairs, 2021).
Rights as a self-employed person
As a self-employed person you have no right to spousal leave, this applies only to people in employment. As a sensible person you have to determine your own working hours and leave. During this leave you are responsible for arranging replacement income. This is simply part of entrepreneurship (Ministry of Social Affairs and Employment, 2021).
Supplemental spousal leave
Since July 1, 2020, additional partner leave has been created. This means that partners can take a maximum of five weeks (five times the number of working hours per week) of additional partner leave. During this leave, the partner does not receive a salary, but a benefit from the UWV. This means that he or she will be paid a maximum of 70% of their daily wage. There are therefore a few conditions attached to this additional leave. First you must have taken the usual partner leave of one week and the additional leave must have been submitted within six months after the birth of your baby (UWV, s.d.).
Fortunately, you have more rights as a partner than before, and we are very happy about that! Because also as a partner you play an important role for the baby, but also as a support for the well-being of the mom. It is important that there is time together to usher in the beginning of a new phase of life! So also take the time you are entitled to.
Ministry of General Affairs. (2021, July 22). Birth leave for partners. Birth leave (partner leave) | Rijksoverheid.nl. Consulted on 8 November 2021, from https://www.rijksoverheid.nl/onderwerpen/geboorteverlof-en-partnerverlof/geboorteverlof-voor-partners
Ministry of Social Affairs and Employment. (2021, April 2). As a self-employed person, am I entitled to birth leave? Rijksoverheid.nl. Consulted on November 8, 2021, from https://www.rijksoverheid.nl/onderwerpen/geboorteverlof-en-partnerverlof/vraag-en-antwoord/heb-ik-als-zzp%E2%80%99er-ook-recht-op-geboorteverlof
UWV. (s.d.). Additional birth leave for partners. uwv.nl. https://www.uwv.nl/particulieren/overige-onderwerpen/aanvullend-geboorteverlof-voor-partners/index.aspx