How many vacation days do I have per year?
The exact number of vacation days you have depends on your employer. However, as an employee, you are entitled to a minimum number of vacation days: the statutory vacation days. This is legally regulated to ensure that you can take sufficient time off each year, for example, for a holiday. Each employer can decide whether employees receive a few extra days on top of this minimum. These additional days are known as non-statutory vacation days. The number of vacation days you have annually can be found in your employment contract.
What are statutory vacation days?
Every employee in employment is entitled to a minimum number of vacation days each year. These are the statutory vacation days or statutory leave. The exact number depends on how many hours you work weekly. You are entitled to at least 4 times the agreed weekly working hours.
Example: If you work a full-time week of 40 hours, you have the right to 160 vacation hours per year. This equates to 20 days or 4 weeks. Someone with a part-time week of 32 hours is entitled to 128 vacation hours, which translates to 16 statutory leave days or 4 weeks. The statutory number of vacation days for part-timers is lower in absolute terms, but because they work fewer hours, each employee receives proportionally the same amount of free time.
What are non-statutory vacation days?
It is possible that on top of these 20 vacation days on a full-time basis, you may have additional days off. These are non-statutory vacation days. These days are not legally required but can be considered as a gift from your employer. The average number of vacation days for employees in the Netherlands is 25.6 due to these extra days. Non-statutory leave is different from ADV (Arbeidsduurverkorting) days, as different rules apply to the accumulation, utilization, and expiration of both types of days. The total of statutory and non-statutory vacation days can be found in your employment contract or collective labor agreement (cao).
How does the accumulation of vacation days work?
The accumulation of vacation days happens automatically and runs parallel to your employment. Suppose you are entitled to 24 vacation days per year; you accumulate 2 days per month. Some employers use a fictional balance, meaning you receive all your vacation hours at the beginning of the year. This allows you, for example, to take a two-week vacation in February. Keep in mind that if you leave your job during the year, you are only entitled to a portion of the days. If you have already taken more days than you have actually accrued, your (former) employer will adjust this.
Accumulating vacation days during sickness and leave
If you are sick, on maternity leave, or on vacation, the accumulation of vacation days generally continues. There are a few exceptions:
- You do not accumulate statutory leave during unpaid leave. Parental leave falls under this category, as do additional paternity leave and long-term care leave.
- You do not accumulate non-statutory leave if your employer decides to halt the accumulation during, for example, sickness or maternity leave. This decision is valid only if it is documented in your contract, regulations, or employee handbook.
Do I have to take vacation days compulsorily?
In short: no, you are not obliged to take vacation. You decide whether and when you take time off, of course, in consultation with your employer. He is obligated to give you the opportunity to take vacation days and usually agrees with your preferences, but he may refuse your request for a day off or vacation if the company faces problems due to your absence.
Mandatory days off
As with everything, there are exceptions regarding mandatory days off. In certain industries, it is predetermined in which period employees must take vacation, such as during the construction holiday or a company closure. In education, vacations are also fixed.
Finally, your employer may require you to take a few mandatory days off each year on days when the company is closed. Many companies, for example, choose to remain closed on the Friday after Ascension Day or around other fixed holidays. The hours you would normally work are deducted from your balance. Your employer can only ask this of you if it is agreed upon in your collective labor agreement (CAO) or contract.
Can I carry over vacation days to the next year?
If you still have days left at the end of the year, you don’t have to use them all quickly. You can carry over vacation days to the next year. However, certain rules apply. You cannot keep your accumulated hours indefinitely, as they expire after a certain time. Additionally, there is a distinction between statutory and non-statutory vacation days when it comes to carrying them over. Below, you can read more about the rules regarding the expiration of vacation days.
When do vacation days expire?
You can carry over the remaining days, but you must use them within a certain time frame, or they will expire, which is a waste. So, how long are vacation days valid?
- Statutory vacation days must be taken within 6 months after the end of the year in which you accrued them. Therefore, vacation hours carried over from the previous year expire on July 1. There may be a more extended expiration period in your collective labor agreement (CAO) or contract.
- Non-statutory vacation days expire after 5 years. This period starts at the end of the year in which you accrued them.
In consultation with your employer, you may extend the expiration period of statutory vacation days, for example, if you were long-term sick or if your employer made it impossible to take (all) days off. The expiration period is then extended to 5 years.
Can vacation days be paid out?
Payout is allowed only in the following cases:
- You have excess non-statutory vacation days, and your collective labor agreement (CAO) or contract specifies that your employer pays out these hours.
- You are leaving the company. In this case, all remaining hours or days will be paid out.
If you have remaining statutory vacation days and continue to be employed, they are not paid out but expire.
Keep in mind that there are also disadvantages to paying out vacation days. The major drawback is that you pay a significant amount of tax on vacation hours, making it often more attractive to take your days off instead of receiving a payout. This way, you receive your salary as usual and get extra free time.
What happens to your vacation days when you are terminated?
Finally, termination and vacation days, how does that work? You can have all remaining vacation days paid out upon termination. This applies to both statutory and non-statutory vacation hours. The remaining leave is included in the final settlement. You can also choose to take your vacation hours (partially) before the end of your employment. Your employer cannot force you to do this.