An inclusive holiday policy

The holiday season is approaching, a time of joy and days off for many. However, not everyone finds these holidays equally meaningful. A good holiday policy takes this diversity into account. What can you consider when drafting such an inclusive policy?

While one person celebrates Christmas, another may observe Eid al-Fitr, Hanukkah or Diwali as their significant holiday. Traditionally, employees in the Netherlands receive paid leave on national (Christian) holidays such as Christmas and Easter. But with an increasingly diverse workforce, the need for a more flexible approach is growing. More companies are recognizing that a traditional holiday policy no longer aligns with the varied religious and cultural traditions of their employees. This article explores how employers can adapt to this shift, prevent discrimination and establish an inclusive holiday policy that ensures all employees feel valued.

Why an inclusive holiday policy?

The number of people with different religions and cultures is growing, increasing the need for a holiday policy that considers everyone. More companies are opting for a flexible policy, allowing employees to take time off for holidays that are personally significant to them.

Currently, many companies still follow a traditional holiday policy. This approach allows Christian employees to receive paid leave for holidays that are part of their religion, while employees of other faiths must use their vacation days for holidays aligned with their beliefs. Contrary to popular belief, Dutch law does not stipulate that recognized (national) holidays are automatically days off for employees. Instead, collective labour agreements, employment contracts or company regulations determine which holidays employees are entitled to. Therefore, it is up to employers to adopt a more inclusiveholiday policy.

What could such a policy look like?

• Swapping official holidays: Employees could be given the option to exchange official public holidays, such as Christmas, for other religious or cultural holidays that they find significant.
• Introducing choice days: Providing a set number of “choice days” that employees can use for holidays of their choice. This fosters inclusion without increasing the total number of leave days. These choice days could be in addition to the official holidays. A variation on this is the so-called diversity day, where employees may take leave for an activity tied to their religious or cultural tradition.
• Secular policy: Transitioning to a more neutral policy that gives employees greater freedom to decide which holidays they wish to celebrate, rather than adhering to a list of national (Christian) holidays.

How to prevent discrimination?

It is important for employers to ensure their policies are fair and transparent so that no one feels disadvantaged. Discrimination in the workplace is prohibited under Dutch law, including in holiday policies. Employers can take several steps to avoid issues:

1. Equal opportunities for everyone
   Ensure that all employees, regardless of religion or background, have the same opportunities to request leave. Granting leave for Christmas but not for Eid al-Fitr or Diwali could be considered discriminatory under Article 7:646 of the Dutch Civil Code.
2. Clear guidelines
   Clearly outline how employees can request leave for holidays not included in the traditional holiday calendar. This prevents confusion and ensures everyone knows what to expect.
3. Flexibility where possible
   When the nature of the work allows, offer employees the option to swap a fixed holiday for one of personal significance. This not only helps meet legal requirements but also fosters an inclusive workplace culture.
4. Include part-time employees
   Ensure that part-time employees are treated equitably concerning holidays to prevent discrimination based on working hours.

Need assistance?

For advice on creating an inclusive holiday policy or questions about potential legal implications, Russell Advocaten is here to help. We ensure your policy is legally compliant while contributing to an inclusive workplace culture.