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Dutch Labor Law Update: Birth Leave for the (Non-Pregnant) Partner Effective July 1st 2020

Starting from January 1st, 2020, (the non-pregnant) partner is entitled to one working week of birth leave right after birth instead of 2 days. From July 1st, 2020, an additional leave of 5 working weeks is granted to the non-pregnant partner, which is added to the birth leave of one working week. This additional birth leave is arranged somewhat differently.

During the leave, the employee receives 70% of their salary (instead of 100%) and this is reimbursed by the UWV.

Requirements:

  • The partner must be married, have a registered partnership or live with one another, and if necessary – the new born must be recognized by the partner;
  • The baby must be born on or after July 1st, 2020;
  • The partner must first take the one working week birth leave;
  • The extra weeks of leave must be taken within 6 months after birth and must be applied for no later than four weeks before the leave starts.

The employer may not reject the first week of birth leave; neither the 5 additional weeks. If there are compelling business interests, the employer may change the period of the 5 additional weeks through mutual agreement.

If you have any questions about this subject, please contact our colleague Amanda Brouwers.

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