When to tell?
You are required by law to tell your employer that you are pregnant at least 3 weeks before your maternity leave starts. Of course, it is better for your employer if you do this earlier. That way he or she can start looking for a suitable replacement.
On inspection during working hours
The moment you tell your employer that you are pregnant, you are entitled to legal protection during your pregnancy and while you are breastfeeding. This legal protection consists of modified working hours, modified work and maternity leave. In addition, you should be given the opportunity to visit the midwife or gynecologist, including during working hours.
Pregnancy Statement
A pregnancy declaration allows your employer to apply for maternity benefits. You can ask your midwife for the declaration. She will make and sign the declaration for you. The pregnancy declaration states:
- That you are pregnant
- when the due date is
- your personal data
- your citizen service number
Maternity leave
You may take leave up to 6 weeks before the due date. However, you are required to stop working at least 4 weeks before the due date. The total leave lasts for 16 weeks. So you always have at least 10 weeks off after you give birth even if the baby is born later than planned. With your pregnancy declaration you can apply for your leave. If you are employed, you will receive maternity benefits equal to your salary. Do you have a partner? Then he or she is also entitled to maternity leave. Since January 1, 2019, the partner is entitled to 5 days of paid leave.
Parental leave
After your maternity leave, you can also take parental leave. You are entitled to 9 weeks of partially paid parental leave. The benefit is 70% of the daily wage (up to 70% of the maximum daily wage. The condition is that you take these 9 weeks during the child’s first year of life. Only salaried parents are entitled to partially paid parental leave. If two parents are employed, both parents are entitled to the partially paid parental leave. After the leave period ends, you are entitled to return to work for the number of hours specified in your employment contract. Taking parental leave does not change this.
Self-employed or unemployed?
If you are self-employed or unemployed, different rules apply than if you are employed. If you are self-employed you must apply to the UWV for benefits. For pregnancy and childbirth together you are entitled to 16 weeks of benefit. Each week you get an allowance for 5 working days. You will therefore not receive benefit for Saturdays and Sundays. The benefit lasts for at least 16 weeks. You are always entitled to 10 weeks of benefit after giving birth. The amount of your benefit depends on your income in the calendar year before you became pregnant. The benefit is never higher than the minimum wage.
Working conditions
Your employer is obligated to protect the health of you and your child during pregnancy and breastfeeding. He or she must therefore ensure that you can work safely. The starting point, however, is that you can continue to do your own work, in your own position and at your own workplace. There are certain working conditions that are risky for your pregnancy. Consult with your employer if you:
- during your work is exposed to vibrations (trucks, farm machinery), ionizing radiation (radiation from radioactive substances), chemicals or infection risks
- have physically demanding work, such as frequent lifting, pulling, pushing or carrying.
- If you work night or shift work.
Customized work
If you indeed have heavy or high-risk work, your employer must adjust the work and possibly give you other work. You can also consult with the company doctor (Occupational Health and Safety Service) or inquire with the Labor Inspectorate. In addition:
- you can ask your employer for extra breaks if you are very tired.
- you are not required to work nights or overtime.
You can also discuss your working conditions with your midwife. She can tell if your work has any risks to your pregnancy or indicate that you should take it easy at work.
Company doctor
Sometimes an employer offers a (voluntary) preventive consultation with the company doctor. The company doctor can identify risks during work and advise the employer accordingly.
Work after childbirth
For the first 9 months after giving birth, you are entitled to extra breaks to pump. You are also not required to work nights or overtime.
Pregnancy discrimination
Nearly half of women face pregnancy discrimination. For some women, it even means losing their jobs. Pregnancy discrimination is prohibited by law. The General Equal Treatment Act states that pregnant women are entitled to equal treatment. You can report pregnancy discrimination to the Human Rights Board. Read more at College for Human Rights: pregnancy discrimination