As an international working in the Netherlands with a Dutch employment contract, you might already have a clear idea of how many vacation days you are entitled to. However, there is more to consider beyond just the number of days off. Roos van Zaltbommel from GMW Lawyers has the lowdown.

Statutory and non-statutory vacation days

The law stipulates that employees are entitled to annual holiday of at least four times their agreed weekly working hours. The accrual is proportional to the weekly working hours. This means that an employee with a full (five-day) work week is entitled to 20 vacation days per year; an employee with a four-day work week is entitled to 16 vacation days per year, and so on.

Any days beyond the minimum are referred to as “extra-statutory vacation days.” The total number of vacation days you are entitled to, including these extra days, is specified in your employment contract or collective labour agreement (CAO).

Expiration of vacation days

According to the law, employees must use their statutory vacation days within six months after the end of the calendar year, meaning by July 1. If they don’t, those days will expire, and the employee will lose them.

However, European case law has clarified that this automatic expiration only applies if the employer has properly informed the employee about the potential expiration in a timely manner and has given them the opportunity to take their statutory vacation days. If the employer fails to meet this obligation, the statutory vacation days do not expire.

Vacation during sick leave

All employees, including those who are on sick leave, must seek permission from their employer to go on vacation. In principle, employers should approve these requests unless there are compelling reasons to deny the request.

A  valid reason for refusal could be if the vacation is likely hinders the employee’s recovery. If there is any doubt, the company doctor can provide advice.

An employee on sick leave continues to accrue vacation days as usual. If an employee falls ill after their vacation has been scheduled and still decides to go on vacation, these days can only be deducted from their vacation balance if the employee explicitly agrees.

An exception can be made for extra-statutory vacation days. It can be agreed in writing beforehand, either in the employment contract or the collective labour agreement, that these extra days can be deducted.

Official vacation days

In the Netherlands, official holidays include New Year’s Day, Easter Sunday and Monday, King’s Day, Liberation Day (celebrated every five years), Ascension Day, and the first and second days of Christmas.

You are not automatically entitled to these days off. Whether this is the case depends on the terms of your employment contract or collective labour agreement. If an official holiday is recognised as a vacation day for you, it will not be deducted from your accrued vacation days.

If you need legal advice about your rights to holidays and other days off, feel free to contact GMW Lawyers. We are here to assist you.