How do Netherlands working time and leave rules work in 2026?

The rules come from the Arbeidstijdenwet (Working Hours Act). The Netherlands sits firmly within EU Working Time Directive norms and does not permit the individual derogation that the UK allowed workers to sign before Brexit.

In practice, most Dutch professional roles operate on a nominal 40-hour week. The 16-week averaging allows some weeks to exceed 48 hours, but the average across the period must not. An employer who routinely schedules above the limit faces administrative fines from the Dutch Labour Authority (Nederlandse Arbeidsinspectie).

What counts toward the weekly limit

• Regular working hours and required overtime
• Time spent on call when the worker is required to remain at or near the workplace
• Travel between work sites (not commuting from home)
• Training required by the employer during normal working hours

Collective labour agreements (CAOs) are common in the Netherlands and frequently set the actual working week at 36, 38, or 40 hours. Where a CAO applies to your employee, it governs alongside the Arbeidstijdenwet. Teamed ensures the applicable CAO obligations are reflected in each employment contract.

The daily rest minimum of 11 consecutive hours between shifts is consistent with the EU Working Time Directive. Dutch law does not permit this to be reduced by individual agreement, though certain sectors (healthcare, transport, emergency services) operate under specific ATW exemption regimes set by sectoral decree.

Young workers aged 16 to 17 have stricter limits: a maximum of 9 hours per day and 45 hours per week. Workers aged under 16 are generally prohibited from working during school hours.

The entitlement comes from Burgerlijk Wetboek art. 7:634. The formula is four times the worker's weekly working hours. A worker doing 40 hours per week accrues 160 hours of leave, which equals 20 days on a five-day schedule. A worker doing 32 hours per week accrues 128 hours, or 16 full days.

How public holidays interact

The Netherlands treats official public holidays as separate from annual leave. Workers are entitled to take recognised public holidays as paid days off without those days being deducted from their 20 days entitlement. This differs from the UK model, where bank holidays are typically bundled into the statutory leave total.

Most Dutch employers grant all recognised public holidays as paid days off. Where a worker must work on a public holiday, the contract or applicable CAO determines whether a replacement day off or premium pay applies.

Carry-over and expiry rules

• The minimum statutory 20 days has a 6-month expiry rule: leave accrued in year N must be taken by 1 July of year N+1 or it lapses.
• Any leave above the statutory minimum follows whatever the contract says. Many Dutch employers grant 25 days, with the additional 5 days carrying over for up to 5 years.
• The 6-month lapse rule does not apply where the employer failed to enable the worker to take leave in time. Courts have repeatedly upheld employee claims where the employer blocked leave requests without good reason.

Holiday pay

Dutch law requires a mandatory holiday allowance (vakantiegeld) of at least 8% of gross annual salary. This is separate from the daily leave entitlement. Most employers pay the vakantiegeld as a lump sum in May, though monthly payment is also permitted. Teamed calculates and disburses vakantiegeld on the payment schedule agreed with the client.

Source: Government.nl: which days are official public holidays in the Netherlands?

Unlike in the UK, there is no automatic substitute weekday when a Dutch public holiday falls on a weekend. The day is simply lost. Workers do not accrue a replacement day off unless their contract or CAO says so. Teamed flags this in contract review so clients set expectations before they hire.

Maternity leave (zwangerschaps- en bevallingsverlof)

The total entitlement is 16 weeks in total: at least 6 weeks before the due date and at least 10 weeks after birth. If the baby arrives early, the post-birth period is extended to ensure the full 16 weeks is taken. UWV (the Employee Insurance Agency) pays the maternity benefit at 100% of daily wages, capped at the maximum daily wage. The employer carries no sick-pay obligation during maternity leave, because the UWV benefit replaces it.

Birth leave for partners (geboorteverlof)

Partners are entitled to 1 week of birth leave immediately following the arrival. The employer pays 100% of salary during this week. After the initial week, partners can apply for up to five additional weeks of extended birth leave (aanvullend geboorteverlof). UWV covers 70% of salary during those additional weeks, up to 70% of the maximum daily wage. The employer is not required to top up the remaining 30%.

Parental leave (ouderschapsverlof)

Each parent is entitled to 26 weeks of parental leave in total, which can be taken until the child's eighth birthday. Leave can be taken all at once or spread across multiple periods. Since August 2022, the first nine of the 26 weeks are partially paid by UWV at 70% of daily wages (capped at 70% of the maximum daily wage). The remaining weeks are unpaid, unless the employer or CAO provides enhancement.

Source: UWV: paid parental leave

What competitive Dutch employers do

Many Dutch employers in technology and professional services enhance the parental and birth-leave pay well above the UWV floor, offering full salary continuation for the extended partner weeks. Sector CAOs often mandate additional enhancements. Teamed advises on market-competitive leave structures during onboarding.

The obligation comes from Burgerlijk Wetboek art. 7:629. The 24 months obligation is the most significant sick-pay liability in Western Europe. During year 1, you must pay at least 70% of the employee's salary. During year 2, you must continue paying at least 70%.

Many CAOs require the employer to top up to 100% in year 1 and 70% in year 2. Even at the statutory floor of 70%, two full years of continued pay is a material cost. You cannot dismiss a sick employee during the first two years of illness. Doing so is automatically invalid under Dutch law.

Reintegration duties

The employer must engage a company doctor (bedrijfsarts) within six weeks of the sickness absence starting. Together with the employee, a reintegration plan must be drawn up. Employers who fail to meet their reintegration duties face a sanction from UWV: the sick-pay obligation is extended by up to one year beyond the standard 24 months.

After two years

When the 24 months period ends, UWV may grant the employee a WIA benefit (Work and Income according to Labour Capacity Act). The employer can then apply to UWV for a dismissal permit on grounds of long-term incapacity. At dismissal, the transition payment (transitievergoeding) is still owed in full, calculated from the first day of employment.

Self-certification

Employees can self-report sickness to the employer. The employer then has the right to have a company doctor assess the employee. There is no fixed self-certification period equivalent to the UK 7-day rule, but employees must cooperate with the bedrijfsarts process from the outset.

1. Engage a company doctor early

   When an employee reports sick, notify a bedrijfsarts within six weeks. This starts the formal reintegration clock and protects you from sanction.

2. Draw up the reintegration plan

   The bedrijfsarts and employee must agree a plan. Document it in writing. UWV will request it if the absence runs long.

3. Pay the sick wage each month

   Continue paying at least the required percentage of salary each payroll cycle. Teamed calculates and disburses this automatically through the payroll run.

4. Review progress at set intervals

   UWV expects documented progress reviews at 42 weeks and again at 88 weeks. Missing these triggers the one-year sanction extension.

5. Apply to UWV after two years

   Once the two-year period ends, Teamed prepares the UWV dismissal permit application on grounds of long-term incapacity and calculates the transition payment owed.

Real HR and legal experts manage your Dutch obligations from day one: working-time compliance under the Arbeidstijdenwet, leave accrual and vakantiegeld calculations, UWV benefit coordination during maternity and parental leave, and the bedrijfsarts reintegration process when an employee goes off sick. An actual person, not a pooled queue or a chatbot. There is no setup fee and no exit fee. Employer cost passes through at cost, itemised on every invoice.

The Dutch two-year sick-pay rule is the single biggest employment-cost surprise for clients hiring in the Netherlands for the first time. Teamed briefs every client on this obligation before the first contract is signed, and manages the full reintegration workflow if a long-term absence occurs.

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Key sources: Business.gov.nl: working hours and rest times, Business.gov.nl: sick pay, Business.gov.nl: leave schemes.