The Netherlands to introduce bereavement leave
The Netherlands is currently considering a proposal for an entitlement to one working week of employer-paid bereavement leave for employees with one or more minor children, following the death of their partner or minor child.
Background
The bill proposing the entitlement (the “Bill”) was submitted to the House of Representatives in 2024. However, it is still under review and must be approved by the House before moving on to the Senate for further consideration and approval. At this point, the passage of the Bill is not certain, and the timeline for potential approval remains unclear.
Currently, the only form of special leave available in the event of the death of an employee’s relative is employer-paid emergency leave, also known as short-term absence leave. Employer-paid emergency leave can only be taken to solve an urgent private problem in very specific personal or unexpected situations (examples can be found on the government’s website here (opens a new window)). It may be taken for as long as necessary to solve the urgent private problem and there is no maximum number of hours of emergency leave in a year. In the situation of a death, emergency leave can only be taken:
In the event of the death of an employee’s housemate (living in the same residence) or one of his blood or marital relatives in the direct line (parent or child) or in the second degree (grandparent, grandchild or sibling).
If the employee is unable to perform his work due to the circumstances of the death and funeral. For example, if the employee must make the necessary arrangements for the funeral, or to attend the funeral.
Emergency leave does not provide paid leave to employees after the funeral.
The proposed entitlement is intended to provide paid bereavement leave to eligible employees after the funeral of their partner or minor child. This right to bereavement leave would exist alongside the current right to emergency leave, which eligible employees are already entitled to.
Key details
Under the bill, an employee with one or more minor children will be entitled to a statutory minimum of one working week of employer-paid bereavement leave upon the death of their partner or minor child.
A partner may be a spouse, registered partner or person with whom the employee lives unmarried, regardless of gender. A minor child refers to a legal child or a child under the employee's permanent care and upbringing, including a foster child, who is under 18 years of age.
For employees with a five-day working week, this would be five working days of paid leave. For employees who work less than five days per week, the amount of leave will be an amount equivalent to their working hours per week. Employers may choose to offer more than the statutory minimum amount of bereavement leave.
Bereavement leave can be taken discontinuously from the day after the funeral up to one year after the death. The employee must provide notice to their employer before taking this leave, or if advance notice is not possible, the employee must provide notice as soon as possible. The notice must include the reason for the leave, its start date, how the leave will be taken, and the anticipated duration. There is no specific form of notice set out in the Bill, and accordingly notice may be given in any form, including verbally or in writing.
An employer must grant the leave based on the details set out in the notice unless the employer promptly objects upon receiving the notification, based on a compelling business or service interest that reasonably and fairly outweighs the employee’s interest.
Employer action: PREPARE TO ACT
As the Bill is still going through the legislative process and remains subject to potential amendments, employers should monitor the legislation. If the Bill passes, the Lockton Global People Solutions Compliance Practice will update this article accordingly.
Proposal for Bereavement Leave Introduction Act (opens a new window)
