Holiday leave for part-time employees in the Netherlands

Hands holding a piggy bank beside a calendar, illustrating paid time off for part-time employees

Yes. Part-time employees in the Netherlands have the same right to paid holiday (vakantie) as full-time colleagues, in proportion to their working hours: under Article 7:634 of the Dutch Civil Code (Burgerlijk Wetboek, BW) the statutory minimum is four times the agreed weekly working hours per year. Someone working 40 hours a week accrues 160 hours, or 20 days of 8 hours; someone working 20 hours a week accrues 80 hours.

Two points regularly cause confusion. Statutory holiday days lapse six months after the end of the year in which they were accrued, while extra contractual days remain valid for five years. And public holidays are not statutory paid days off in the Netherlands: whether you get them off with pay follows from your contract or collective labour agreement (cao), and that is where part-timers can lose out. Below we explain how to calculate your entitlement and what rules apply.

Holiday leave for part-time employees in the Netherlands

Do part-time employees have the same holiday rights?

Yes, in proportion to their hours. Dutch law does not distinguish between part-time and full-time employees when it comes to paid holiday.

The principle of equal treatment is laid down in Article 7:648 BW: an employer may not treat employees differently because of a difference in working hours, unless there is an objective justification. For holidays, this means that a part-timer who works half the hours of a full-time colleague accrues half the holiday hours. It makes no difference whether you work 16 hours or 40 hours a week. You always have a protected right to paid leave, which is also what the term paid time off (PTO) is usually meant to cover in the Netherlands.

What is the statutory minimum?

The statutory minimum is four times your agreed weekly working hours per year. If you work 20 hours a week, you are entitled to at least 80 hours of paid holiday a year.

If you work 8 hours a day, 80 hours equals 10 days off. The table below shows the statutory minimum for a few common contracts, assuming 8-hour working days.

Weekly hoursStatutory holiday per year (hours)In days of 8 hours
16648
249612
3212816
4016020

This minimum cannot be reduced by contract. Many employers offer more, in the employment contract or in a cao. These extra days are called non-statutory holiday days (bovenwettelijke vakantiedagen). The statutory text is available on wetten.overheid.nl (Book 7 of the Dutch Civil Code, Articles 7:634 to 7:645).

How do you calculate your own entitlement?

Multiply your contracted weekly hours by four for the statutory minimum, and add any extra hours from your contract or cao. Then divide by the length of your normal working day to see how many days off that is.

Calculating holiday hours for part-time work

An employee in a shop who works 16 hours a week accrues at least 64 hours a year. If she works two days of 8 hours, that is 8 days off. A consultant with a 24-hour contract accrues at least 96 hours; spread over three days of 8 hours, that is 12 days off. If you work shorter days, for example four hours, you divide by four. The number of weeks off stays the same: four times your working week.

Holiday is accrued and recorded in hours. You can usually take it as full days or as a few hours at a time, depending on your employer’s policy. To find your total entitlement, check your employment contract first and then any applicable cao. Add the non-statutory hours to the statutory hours and you have your full annual entitlement.

What if you work irregular hours?

If your hours vary from week to week, you accrue holiday in proportion to the hours you actually work. This is common in hospitality and retail.

The statutory entitlement then amounts to roughly 7.7 per cent of the hours you work (four weeks out of 52). Your contract or cao may prescribe a specific calculation method, for example based on an average over a reference period. On-call workers and employees with a zero-hours contract also accrue holiday for every hour worked.

What is the difference between statutory and non-statutory days?

Statutory days lapse six months after the end of the year in which you accrued them. Non-statutory days only become time-barred after five years.

Statutory and non-statutory holiday days

Under Article 7:640a BW, statutory days accrued in 2026 lapse on 1 July 2027. There is an exception if you were reasonably unable to take them, for example because of long-term illness. Case law of the Court of Justice of the European Union also requires the employer to actively give you the opportunity to take your days and to warn you in time that they will lapse. If the employer has not done so, the days may not lapse. Non-statutory days fall under the general limitation period of five years in Article 7:642 BW.

Your contract or cao can deviate from these rules for non-statutory days, and sometimes also extend the period for statutory days. Check your holiday balance regularly. Many employers show the balance of both types on the payslip or in the HR system.

How do public holidays affect part-timers?

Public holidays, such as King’s Day or Easter Monday, are not deducted from your holiday entitlement. But Dutch law does not give you a right to a paid day off on a public holiday either; that depends on your contract or cao.

Public holidays and part-time work

Most employers close on public holidays and continue to pay wages, but your specific rights follow from your contract or cao. For part-timers this raises a question of fairness. A part-timer who always works on Mondays benefits from Easter Monday and Whit Monday, while a colleague who works on Wednesdays and Fridays hardly benefits from any public holiday. The equal treatment rule in Article 7:648 BW means that part-timers may not be disadvantaged compared with full-time colleagues without an objective justification.

The proportional system

Many employers therefore use a proportional system. Each employee receives a budget of public holiday hours in proportion to the size of the contract.

Suppose a company observes eight public holidays in a year, which equals 64 hours for a full-time employee working 40 hours a week. An employee who works 20 hours a week then receives 32 hours. If a public holiday falls on one of this employee’s working days, the hours are taken from the 32-hour budget. If it falls on a day off, nothing is deducted. Hours left at the end of the year are added to the holiday balance or compensated in another way, depending on the employer’s policy.

Do you accrue holiday while you are sick?

Yes. Under Article 7:635 BW you accrue your full statutory holiday entitlement during illness, as if you were working. This applies to part-timers and full-timers alike.

For non-statutory days, the contract or cao may provide otherwise, so check the rules that apply to you. You can also take holiday while you are sick, for example a trip you had already booked. Ask your employer for permission first; the employer will often consult the company doctor on whether the trip could hinder your recovery. The days you take off are deducted from your balance, and for those days you receive your full holiday pay instead of sick pay. Your employer cannot force you to take holiday while you are sick without your agreement. If you fall ill during a holiday and report sick in accordance with your employer’s procedure, the days of illness do not count as holiday.

Other types of leave

Your statutory holiday entitlement also continues to accrue during pregnancy and maternity leave (zwangerschaps- en bevallingsverlof). Having a child therefore does not reduce your right to time off. For other types of leave, such as unpaid parental leave, accrual depends on the type of leave and the arrangements in your contract or cao.

Do part-timers also receive holiday allowance?

Yes. Every employee, part-time or full-time, is entitled to a holiday allowance (vakantiegeld) of at least 8 per cent of the gross annual wage, on top of holiday pay.

The holiday allowance is laid down in Article 15 of the Minimum Wage and Minimum Holiday Allowance Act (Wet minimumloon en minimumvakantiebijslag, WML). Because it is a percentage of your wage, part-timers receive it in proportion to what they earn. Employers usually pay it once a year, often in May or June, but it may also be paid monthly if that has been agreed. Your contract or cao may provide for a higher percentage.

What happens if you change your working hours?

Your holiday entitlement follows your hours. If you start working fewer or more hours, you accrue holiday on the new basis from the date of the change.

Hours already accrued are not lost. Suppose you move from 40 to 24 hours a week on 1 July. For the first half of the year you then accrue half of 160 hours, which is 80 hours, and for the second half half of 96 hours, which is 48 hours: 128 hours in total. Holiday you take after the change is deducted in hours, so a day off on a shorter working day costs fewer hours. Ask your employer for a clear statement of your balance at the moment of the change, so that you can check the calculation.

How do you request holiday, and can your employer refuse?

You request holiday in writing and your employer sets the dates in accordance with your wishes. Your employer can only refuse for weighty reasons (gewichtige redenen), and must do so in writing within two weeks.

Under Article 7:638 BW the employer must set the holiday in accordance with the employee’s wishes, unless there are weighty reasons to object. Think of a critical project deadline or a period in which too many colleagues are already away. If the employer does not object in writing within two weeks of your written request, the holiday is set as you requested. Once set, the employer can only change the dates in consultation with you and for urgent reasons, and must compensate any damage you suffer, for example cancellation costs.

In practice it helps to request longer holidays well in advance and always to follow up a conversation with a written request through the official channel, such as the HR system or email. Be specific about the dates. Also check your employer’s internal rules on notice periods for requests, periods in which leave is restricted and who approves requests.

For employers, clear and accessible records of holiday accrual and use for all staff, including part-timers, prevent disputes. So does a prompt, written response to every request.

Can unused holiday be paid out?

Not during employment for statutory days: under Article 7:640 BW an employer may not buy out statutory holiday while the contract continues. Non-statutory days may be paid out if this has been agreed in writing.

The idea behind the rule is that statutory holiday is meant for rest and recovery. When your employment ends, however, your employer must pay out all remaining holiday hours, both statutory and non-statutory, in your final settlement under Article 7:641 BW. The employer must also give you a statement of the hours still due at that time. For the wider rules on ending an employment contract, see our overview of Dutch employment law.

In summary

  • Part-timers accrue at least four times their weekly working hours in paid holiday each year, in proportion to their hours.
  • Statutory days lapse six months after the end of the year of accrual; non-statutory days are time-barred after five years.
  • There is no statutory right to paid public holidays; a proportional system prevents part-timers from being disadvantaged.
  • You keep accruing holiday during illness and maternity leave.
  • Your employer can only refuse a holiday request for weighty reasons, in writing, within two weeks.

Frequently asked questions

Can my employer pay me for unused statutory holiday?

Not while you are still employed. Statutory days must be taken as time off. Only when your employment ends must your employer pay out the remaining hours.

What if I work irregular hours each week?

You accrue holiday in proportion to the hours you actually work. Check your contract or cao for the calculation method, for example an average over a reference period.

My contract does not mention holiday. What are my rights?

You are still entitled to at least four times your weekly working hours in paid holiday per year. This statutory minimum cannot be excluded by contract.

Can my employer decide when I take my holiday?

Your employer sets the holiday in accordance with your wishes, unless there are weighty reasons against it. If your employer does not object in writing within two weeks of your written request, the holiday is set as requested. Collective days off, such as a fixed summer shutdown, are only possible if they have been agreed in writing, for example in your contract or collective agreement.

Law & More advises employees and employers on holiday entitlement, equal treatment of part-timers and final settlements when employment ends. Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.

How Law & More can help you with this is explained on our employment lawyer page.

Michelle Marjanovic
Michelle Marjanovic is an attorney-at-law at Law & More in Eindhoven and Amsterdam. She works mainly in immigration law and employment law, combining accurate legal work with a personal approach.

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