In this article
- 1. Determine whether you as a partner are covered by the scheme
- 2. The birth itself and the fully paid week
- 3. Plan additional birth leave in hours
- 4. The application and any changes by the employer
- 5. Check UWV benefits and pay slip
- 6. Holidays, pension and another employer
- 7. In the event of a refusal or error in the registration
1. Determine whether you as a partner are covered by the scheme
First check your legal relationship to the parent giving birth or to the child. Eligible partners include the spouse, registered partner, a person cohabiting with the parent without marriage, and a person who legally acknowledges the child. Simply calling someone your partner does not resolve every formal situation. If in doubt, ask HR or UWV to assess the relevant details.
The employee scheme assumes that you are employed. If you work independently, the same right to UWV benefits does not automatically arise. With multiple employers you must have agreements and hours recorded per employment. Make it clear for which job the application is intended; a general family calendar does not replace the separate leave administration at each employer.
2. The birth itself and the fully paid week
Emergency leave or short absence leave may be required for your partner's delivery. This is a different type of leave than birth leave after birth. Report the unexpected absence as quickly as possible and indicate when you expect more clarity. Ask afterwards how the hours were recorded, so that vacation days do not disappear without explanation.
Birth leave amounts to once the number of agreed working hours per week. At 32 hours per week, that is 32 hours, regardless of whether you normally divide those hours over 4 or 5 days. The employer continues to pay the wages in full. You take the leave within 4 weeks after the birth and can spread the hours within that period as you see fit.
3. Plan additional birth leave in hours
After the first week of birth leave, you can use additional leave for a maximum of 5 full working weeks. The total number of weeks requested is therefore a whole number, but you can spread the hours over a longer period. At 32 hours per week, 5 weeks total 160 hours. It is not a fixed right to 25 days if your schedule is divided differently.
The additional leave must be taken within 6 months after birth. A late start does not make the period longer. Therefore, put the deadline for taking leave next to your desired schedule and check whether all hours fit within the window. Parental leave can then offer another solution, but does not automatically make unused hours of additional birth leave available.
4. The application and any changes by the employer
Report additional birth leave in writing at least 4 weeks before the desired start. Indicate how many full weeks you are requesting and how you want to divide the hours. You can link the start to the birth or to the end of another leave period. If it is impossible to apply on time due to an unexpectedly early birth, please report it as soon as possible.
The employer can change the desired distribution in consultation due to compelling business or service interests, up to 2 weeks before the start. An ordinary scheduling problem is not automatically such an interest. Ask what concrete consequences are involved and what solution is proposed. Keep a distinction between consultation about the distribution and a statement that you would not receive any statutory leave at all.
5. Check UWV benefits and pay slip
During additional birth leave, there is a UWV benefit of 70% of the daily wage, up to 70% of the maximum daily wage. That is not 70% of the regular salary for everyone. If the wage is above the limit or the wage components fluctuate, the difference may be greater. The employer can apply for the benefit on your behalf and usually pay it through the payroll administration.
Ask whether your collective agreement or contract supplements the benefit. Also ask for an explanation of how pension contributions, holiday pay and allowances are handled. A sample payslip makes the impact on your household budget clearer than a single gross percentage. Check the processing date: a gap between application and payment does not in itself mean that a day of leave should be unpaid. UWV calculates holiday allowance on supplementary birth-leave benefit and pays it together with the benefit. Check where that component appears on the statement before treating it as a missing separate annual payment.
6. Holidays, pension and another employer
Statutory annual leave continues to accrue during birth leave and additional birth leave. These leave hours cannot be deducted from your statutory holiday balance. Pension consequences depend in part on the scheme and agreements between employer, employee and pension provider. Ask about your own contributions, especially when spreading the leave over a long period.
If you change employers within the period for using leave, request a statement of birth-leave hours already taken and discuss the remaining entitlement. A new job does not create a fresh full entitlement for the same birth. Coordinate the UWV application and payment so that hours are neither claimed twice nor omitted.
7. In the event of a refusal or error in the registration
Compare your application, the answer, the birth details and the actual leave registration. Then indicate exactly which part is incorrect: the fully paid first week, the number of additional hours, the desired spread or the benefit payment. Request a written correction with a specific explanation. Keep private information limited to what is necessary to determine leave entitlement.
If a dispute persists, ask your trade union, a legal desk or an employment law advisor for help. First check whether it concerns a conflict with the employer or a formal UWV decision; the way of responding differs. The objection route for a UWV decision is included in the letter. Keep that letter with the date of receipt and do not wait for the next salary interview.
Practical checklist
- Record the date of birth and weekly contract hours.
- Keep emergency leave and the first week of birth leave separate.
- Request a whole number of working weeks of additional leave in good time; agree separately how the hours will be spread.
- Check whether all additional hours fit within 6 months.
- Ask about UWV application, wage supplement, holiday and pension.
Apply this explanation to your situation
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Plan your leave hours and balanceCreate a checkable overview of statutory accrual, additional hours and leave taken for one calendar year.Build your employment law case fileCreate a chronological record of facts, reference documents and bring your objective and open questions together in one transferable worksheet.Frequently asked questions
Do I get double birth leave if I have twins?
No. Statutory birth leave for partners is not multiplied by the number of children born. It follows your weekly working hours. The separate pregnancy and maternity leave rules for someone expecting multiple babies are different.
Do I have to take all additional weeks consecutively?
No, you request a whole number of working weeks, but you can spread the corresponding hours. Please communicate the desired distribution in writing and ensure that all hours fall within the statutory period for taking leave.
Can I take the additional leave before the first week?
No, the regular birth leave must have been taken first. Keep the registration of both types separate. The fully paid first week and the additional benefit weeks have different payment rules.
Is additional birth leave the same as paid parental leave?
No, they are different rights with their own terms and conditions. You can combine them in a planning, but you must check the request, the remaining number of hours and the payment for each leave type.
Sources and editorial notes
The sources used for this page are listed below. Open the original publication for the full rules and context.
Sources current as of:
- Publisher: RijksoverheidRijksoverheid: birth leave for partnersrijksoverheid.nlhttps://www.rijksoverheid.nl/themas/werk/geboorteverlof-en-partnerverlof/geboorteverlof-voor-partners
- Publisher: Wettenbank · Overheid.nlWork and Care Act: statutory leave rightswetten.overheid.nlhttps://wetten.overheid.nl/BWBR0013008/
The source publications are in Dutch. All language editions cover Dutch law.
General information. Not a substitute for personal legal advice. This language edition contains draft translations based on official Dutch sources. Independent final legal review and native-language editing have not yet been recorded.
This language edition contains draft translations based on official Dutch sources. Independent final legal review and native-language editing have not yet been recorded.
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