IMPACT – MEDIUM

What is the change? The Immigration and Naturalisation Service (IND) has clarified that the immigration status of residence permit holders will not be jeopardized if they drop below the normal pay threshold while on leave after their partner gives birth.

What does the change mean? The minimum threshold can drop to 70% of the normally required pay for people who take leave because their partner has given birth. This is consistent with a new partner birth leave policy that took effect July 1 that provides for five weeks of additional pay, with compensation set at 70% of the normal salary.

  • Effective date: July 1, 2020.
  • Visas/permits affected: Highly Skilled Migrant permits, EU Blue cards, ICT directive permits and combined permits for residence and work (GVVA permits) and any other residence permit that requires a minimum salary.
  • Who is affected: Employers and foreign nationals who hold a residence permit that requires a minimum salary.
  • Next steps: Employers should be sure they have protocols in place to notify the IND in cases where residence permit holders’ compensation drops below the normal minimum because they are taking partner birth leave.

Background: The Netherlands implemented an expanded partner birth leave policy on July 1. Up until this date, partners were afforded one week at full pay (paid by the employers) after their partner gave birth to a child. Partners can now take an additional five weeks of leave during the first six months after the child’s birth and will be compensated 70% of their normal pay (capped at 70% of the standard maximum wage and paid by the Employee Insurance Agency, rather than the employer). Additional information is available here.

Analysis & Comments: The IND recently clarified that partner leave is a legal right, and that residence permits would not be jeopardized in cases where pay fell below the normal minimums for partners on leave. That said, the IND will require employers to notify them when a residence permit holder’s pay does drop below the normal minimum because they are on partner birth leave. Failure to provide proper notice may lead to a warning and, after multiple violations, fines.

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