Towards a more transparent leave system
The statutory leave system in the Netherlands has been regularly amended and expanded over time. Separate regulations have been introduced for different situations, such as maternity leave, paternity leave, parental leave, and various forms of care leave. With these arrangements, employees have more options to balance work and private life, but the large number of different leave types also makes the system quite complex. The rules and procedures differ per regulation, making it difficult for both employers and employees to keep an overview.
The Social and Economic Council (SER) has therefore proposed a revision of the leave system by consolidating the regulations into a new legal framework with three pillars. This recommendation, Balans in maatschappelijk verlof (Balance in social leave), was published in December 2023 and shortly thereafter discussed in the House of Representatives. In April 2024, the government presented several scenarios for simplification, largely based on this advice. The House of Representatives also explicitly requested attention for the combination of work and caregiving. The SER is currently working on a follow-up recommendation, and the Ministry of Social Affairs and Employment (SZW) is drafting a legislative proposal. The final decisions will be up to a new government.
Current leave system is too complicated
The Wet arbeid en zorg (Wazo) (Work and Care Act) includes a wide range of leave types: maternity leave, paternity and additional paternity leave, adoption and foster care leave, paid and unpaid parental leave, emergency leave and other short-term leave for urgent personal reasons, and short- and long-term care leave.
In addition to these Wazo regulations, there is also the right to annual vacation leave. Employees are entitled by law to annual leave equal to four times their weekly working hours. Collective labour agreements or company policies often include additional leave arrangements, for example extra vacation days beyond the statutory minimum, special leave, sustainable employability days, training or development days, vitality days, unpaid leave.
While these arrangements provide employees with more flexibility, they also make the overall leave system even more complex. For employers, this means administering, applying, and communicating all types of leave, with potentially significant organisational and financial impact.
The SER’s proposal on the leave system
To create more clarity, the SER advises consolidating the leave regulations under the Wazo into three pillars: care for children, care for relatives, and personal leave.
The first pillar includes all forms of leave related to the care for children, for example maternity and childbirth leave, paternity leave, adoption and foster care leave, and parental leave. The second pillar covers care responsibilities for family members or relatives who are ill or in need of support, including informal care. In this pillar, short- and long-term care leave would be included. The third pillar provides space for unforeseen and personal circumstances, such as emergencies. The SER also proposes adding bereavement leave to this pillar. This type of leave is not yet a statutory right, although it is already included in some collective labour agreements and company policies.
The SER further emphasises the need for more consistency in conditions and procedures. At present, these vary widely across leave arrangements, for example, in terms of application deadlines, duration, and whether wage payment continues. More uniformity would make the system more accessible for employees and easier for employers to implement.
Financing is also an important issue in the proposal. The SER calls for a fairer distribution of costs and responsibilities between employers, employees, and the government. This could mean introducing public funding for certain types of leave, instead of shifting all the financial responsibility to employers.
The purpose of this new structure is threefold: to make the system less complicated and more accessible, to reduce administrative pressure, and to ensure a fairer distribution of financing.
It is important to note that this proposal applies only to the Wazo regulations. Other types of leave, such as vacation leave, additional vacation days, and other arrangements like sustainable employability days or vitality days, are not included.
The leave system becomes simpler, but not simple
In my view, the proposal certainly brings more clarity. By consolidating leave types and harmonising procedures, it becomes easier to take and organise leave. Employees will better understand their entitlements, and employers can manage their administration more efficiently.
Still, true simplification remains challenging. European directives require that certain types of leave, such as maternity leave and a minimum level of parental leave, remain separate regulations. Financing also remains a difficult issue. For which types of leave will full wage payment apply, and how will the costs be divided between employer, employee, and government? Moreover, the proposals only cover the Wazo leave regulations and not all other existing leave types.
What do you think?
The Dutch leave system is complicated. The proposal to consolidate existing regulations into three pillars is an important step toward more clarity and accessibility. At the same time, questions remain about financing and the actual impact in practice. Will it really become simpler?
What do you think? Would a simpler leave system help your organisation? Do you believe the proposed changes are sufficient to make a real difference, or will complexity remain?