Paid bereavement leave is important, but too “complex” legally, says Council of State
The wish for regulated, paid bereavement leave is important, but the way it is set out in a legislative proposal by the three Christian parties is too complicated, the Council of State said in advice published on Monday. The parties were also too narrow in who was eligible for this leave.
The bill submitted by parliamentarians Chris Stoffer (SGP), Inge van Dijk (CDA), and Don Ceder (ChristenUnie) provides for a statutory right to paid leave for employees with a family with minor children who lost a partner or minor child to death. Employers must offer at least one week of paid leave but can offer more. The leave is flexible from the day of the funeral for up to one year after the death of the partner or minor child.
The Christian parties hope the bill will reduce long-term absenteeism and promote the return to the workplace for employees who have lost a loved one. It should also help open the conversation about bereavement leave between employer and employee.
The Council of State said it recognizes the importance of legally arranging bereavement leave, but worries that this bill is not the way to do it. According to the advice, the bill makes the leave system even more complex while the Social and Economic Council (SER) has advised simplifying the system.
The Council of State also wonders why the bill only applies to employees with minor children who have lost a partner or minor child. According to the Council, the parties have not given sufficient justification for why others can’t be eligible. “How grief is experienced cannot be defined and there may also be a legitimate need for bereavement leave in other situations. If only to be able to arrange practical matters.”
Finally, the Council questions setting a minimum limit for the duration of the leave. “The importance of bereavement leave is widely recognized and bereavement leave requires customization. The question is then why it is necessary to set a minimum standard in law and what that standard contributes to the objectives that the initiators have with their proposals.”
According to the Council, employers are typically lenient and understanding with grieving employees, and setting a mandatory minimum standard may actually restrict the flexibility that is already present in practice.
