Employer forces me to take vacation days when I am fired?

Questioner

I have resigned from my current job as of January 1st. I still have vacation days left (175 hours). I also have paid parental leave, which I can use until January 7th 2024 (when my son will be 1 year old). I want to use my paid parental leave from November 13th to December 30th, I have enough hours for this. I want to have all my vacation days paid out. Now I am kindly but firmly requested to take my vacation days instead of paying out. For me it is financially more attractive not to do this but to use my vacation days. Can my employer force me to take the vacation days? And is my employer obliged to pay out all vacation days or only the extra statutory ones?

Lawyer

In general, Dutch law allows an employee to resign and have his or her vacation days paid out, provided that clear agreements have been made about this with the employer or if this is included in the collective labor agreement or employment contract. In case of dismissal, employers are obliged to pay out all unused statutory vacation days. That is to say: the vacation days that you should have at least according to the law (4 times the number of days you work per week). The extra-statutory vacation days (days above the statutory minimum) can also be paid out or saved, depending on the agreements or rules in the employment contract or collective labor agreement. However, it is important to understand that your employer cannot force you to take your vacation days. In principle, as an employee, you have the right to take these days whenever you want, unless other agreements have been made about this in the collective labor agreement or employment contract. As for paid parental leave, this is something you should discuss with your employer. It is possible that this leave is not transferable to a new employer and it is also possible that your employer wants you to take this leave before you leave. This is not legal advice, but is intended to help you understand how the law works. If you want to be sure about what you are entitled to and what your options are, it would be advisable to seek legal advice from a specialist employment lawyer or attorney.' ---------------- Please note! This free advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer ---------------- Call us for further assistance Stichting Rechtswinkel.nl is a national organization with students and volunteers. We may be able to help you free of charge or refer you to a reliable lawyer or legal expert. Call us during office hours on 040 2350423.