Proposal paid parental leave through House of Representatives

Proposal paid parental leave through House of Representatives

A majority of the Lower House has endorsed the proposal for the Paid Parental Leave Act. Among other things, the bill provides that employees can receive nine weeks of parental leave benefits starting in the summer of 2022.

The proposal for the Paid Parental Leave Act is the elaboration of a European directive for a better work-life balance for parents. The Netherlands must incorporate this directive into national law by August 2, 2022 at the latest. That date seems feasible, now that the House of Representatives has agreed. However, an agreement from the Senate is also needed and the UWV must make a number of preparations. The most important change in the law is that employees will be entitled to a benefit from the UWV if they take parental leave in the first year after the birth of their child (and in the case of adoption or foster care, up to one year after the child's inclusion in the family, provided the child is younger than eight years). The employer applies for the benefit, after the leave has ended.

Benefit during parental leave is not equal to wages

The Work and Care Act (WAZO) provides that the employee can take parental leave for each child. The maximum number of hours of leave per child is 26 times the weekly working hours. A benefit will soon be payable for 9 of those 26 weeks, provided that these 9 weeks fall within the child's first year of life. The benefit is limited, however, namely 50% of the employee's daily wage and a maximum of 50% of the maximum daily wage. The concern is that the scheme is therefore not useful for low-paid workers; they have too little money left over.
Outgoing Minister Koolmees of SZW has now decided to add a provision to the proposal. This provision makes it possible to increase the percentage to 70% even before the law takes effect, if the new cabinet wants to and is able to free up a budget for this. Once the law has become final and the House wishes to change the percentage after all, an amendment to the law will be necessary.

Changes to additional maternity leave and the Flexible Work Act

The bill also contains other measures. For example, it is laid down that an employee can terminate additional maternity leave in the event of unforeseen circumstances such as illness, and uninsured employees (directors and managers) will also be entitled to payment for additional maternity leave. In addition, all employees who care for family members or have young children will soon be able to submit a request based on the Flexibility in Working (WFW) Act. There is no derogation for them at the organizational or collective level.

Source HR Rendement