In this contribution the rules regarding maternity leave are broadly explained.
First of all, some general comments will be made about maternity leave. The duration of the leave will then be discussed. Finally, the option for the partner to take leave will be discussed.
NB: this contribution does not discuss parental or adoption and/or foster leave.
Pregnancy and maternity leave
A distinction is made between maternity leave and maternity leave. The employee enjoys maternity leave prior to the birth and maternity leave from the day after the birth.
The employer is legally obliged to provide leave, but does not have to continue paying wages during the time that the employee is on leave. The employee is entitled to a benefit under the Work and Care Act (Wazo). Depending on what is stated in any applicable collective labor agreement or employment contract, the employee receives the benefit through her employer or from the UWV.
The duration of the leave
An employee is entitled to 6 weeks of maternity leave and at least 10 weeks of maternity leave. In total, the employee is therefore entitled to at least 16 weeks of leave.
If the employee feels well, she can choose to start her maternity leave later. However, the employee must go on maternity leave no later than 4 weeks before the day after her due date of delivery. Any amount the employee takes less than 6 weeks of maternity leave will be added to the maternity leave.
If the employee gives birth earlier than the due date, the maternity leave may be shorter than described above. In that case, the missed days of maternity leave will be added to the maternity leave.
If the baby arrives later than the expected date of delivery, the maternity leave will last longer. This extra time does not detract from the maternity leave.
The foregoing also applies to an employee who is pregnant with twins or multiple births. However, an employee pregnant with twins or multiple births is entitled to at least 20 weeks of maternity leave. The difference is in the length of the maternity leave, which in the case of twins or multiples starts between 10 and 8 weeks before the day after the due date.
partner leave
The employee whose partner is giving birth or has given birth is also entitled to related leave.
When his or her partner is giving birth, the employee has the right to take emergency leave to be present at the birth.
After giving birth, the employee in question whose partner has given birth is entitled to so-called maternity leave (also called maternity leave). For this leave, the employee can take 2 days of paid leave, which days may not be offset against holiday days. This leave can be taken up to 4 weeks after the baby is home. The employee can decide for himself when he or she takes these days.
Bill
There is currently a bill before the House of Representatives that aims to extend maternity leave to one week from January 1st, 2019. Just like now, the intention is that this leave can be taken during the first four weeks after the birth. In addition to this, the proposal aims to introduce additional maternity leave of five times the weekly working hours from July 1st 2020. Under the proposal, this leave could be taken within six months after birth and the employee would be entitled to benefits during this time.
