A bill introducing a right to bereavement leave was submitted this summer in the Netherlands. The following is a brief outline of this proposal.
Current Law
The Dutch Work and Care Act (Wet arbeid en zorg) currently provides for paid leave only for the day of death and the day of the funeral for an employee's housemate or relative by blood or marriage in the direct line (grandparent, parent, child, grandchild, etc.) or for a sibling. There are no paid leave benefits for the period after the funeral. Employers are often advised to provide adequate assistance to grieving employees, because grief can lead to sick leave.
Proposed Bill
The proposed leave arrangement is intended for a specific target group: families with one or more minor children where a spouse or child dies. The purpose of the bill is to reduce long-term sick leave and to promote a return to work.
Minimum of five bereavement days
Under the proposed arrangement, a parent in this situation can claim a statutory minimum of five bereavement days (for a full-time employee) with the employer continuing to pay their salary. Leave days can be taken from the day of the funeral up to one year after the death of the loved one.
Notification requirement
The employee must notify the employer in advance of their intention to take leave days (stating the reason and probable duration and how the leave is to be taken). Leave will be granted according to the employee's wishes. Notices can take any form and may therefore be given verbally.
Compelling business or service interests of the employer
The employer may refuse the leave only if it informs the employee, immediately on being notified, that there are "compelling business or service interests," meaning the employee's interest must, in all reasonableness, give way to such interests.
The Target Group
The proposed leave arrangement applies only to parents with minor children. The drafters narrowly tailored this bill to take into consideration this vulnerable target group's need for such leave and to reduce the implementation costs for employers.
The arrangement is also framed as a minimum standard, meaning that employees' and employers' organizations may agree on more extensive leave arrangements.
The bill is currently before the Dutch House of Representatives for consideration.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
