Statutory leave in critical roles

Planning maternity leave, additional paternity leave, and parental leave can be a challenge for employers, especially when it involves employees in key positions. The law grants employees the right to these types of leave, and employers can only refuse in exceptional cases based on compelling business interests. But how can you ensure your organisation's continuity is not compromised?

Legal Rights
Dutch law protects employees' rights when it comes to family-related leave.

Maternity Leave
Immediately after the birth, an employee is entitled to one working week of paid maternity leave. This is not optional and must be accepted by the employer.

Additional Paternity Leave
Within six months of the birth, an employee can take up to 5 additional weeks of leave. This leave is partially compensated by the government and must be requested at least four weeks in advance. Note that additional (!) paternity leave can only be taken if the standard maternity leave has also been used.

Parental Leave
Employees are entitled to 26 weeks of parental leave for children under the age of 8. The first 9 weeks of parental leave are paid: the Employee Insurance Agency (UWV) pays up to 70% of the statutory maximum daily wage. Employers may discuss the scheduling of this leave but cannot refuse it.

What if leave threatens continuity?
For employees in crucial roles, prolonged absences can create challenges. Think of staff in solo positions or teams where specific expertise is limited. In such cases, it is essential to act proactively:

Timely communication
Ensure open and early discussions with the employees concerned. Discuss their leave plans and work together to find a solution that considers business interests. Spreading out leave or combining it with part-time work could be an option.

Utilise temporary solutions
Consider whether tasks can be redistributed within the team. This may require additional training for other employees.
Explore hiring freelancers or temporary workers to take over critical tasks.

Document and communicate policies
Make sure all employees and managers are aware of the legal rules and your company’s policy regarding leave. Transparency helps to prevent misunderstandings and fosters greater understanding on both sides.

Compelling business interests? Use them cautiously
In exceptional cases, you can invoke compelling business interests to refuse or postpone leave. However, be cautious: the legal threshold is high. You must demonstrate that the employee’s absence severely jeopardises business operations and that no other solution is feasible.

Conclusion
Combining statutory leave with business continuity requires careful planning. With timely communication, strategic planning, and temporary support, you can often find a solution that respects both the employee’s rights and the organisation’s interests.

Need help? Feel free to contact us – we’re happy to assist you!