Maternity leave in the Netherlands (zwangerschaps- en bevallingsverlof): duration, pay and protection

Maternity leave in the Netherlands (zwangerschaps- en bevallingsverlof) is at least 16 weeks: pregnancy leave of four to six weeks before the expected due date, followed by at least ten weeks of leave after the birth (Article 3:1 of the Work and Care Act, Wet arbeid en zorg, WAZO). For twins or more, pregnancy leave is eight to ten weeks. During the leave, UWV pays a benefit equal to the daily wage, up to the maximum daily wage. The employer cannot give notice during the pregnancy, during the leave after the birth, or in the six weeks after returning to work.

Maternity leave at a glance

• At least 16 weeks: 4 to 6 weeks before the due date and at least 10 weeks after the birth; 8 to 10 weeks before for a multiple pregnancy.
• Late birth: the 10 weeks after the birth stay 10 weeks, so the total leave becomes longer.
• Early birth: days of pregnancy leave not taken are added to the leave after the birth.
• Benefit: 100% of the daily wage, up to the maximum daily wage, applied for through the employer (Articles 3:11 and 3:13 WAZO).
• Notify the employer of the start of the pregnancy leave at least three weeks in advance (Article 3:3).
• Dismissal protection during pregnancy, the leave after the birth and six weeks after return (Article 7:670(2) of the Dutch Civil Code).
• Holiday accrues in full during the leave (Article 7:635(2)).

On this page

How Long Is Maternity Leave in the Netherlands?

At least 16 weeks. Pregnancy leave may start six weeks before the day after the expected due date and must start no later than four weeks before it. Leave after the birth (bevallingsverlof) starts the day after the birth and lasts ten consecutive weeks: Article 3:1 WAZO.

For a multiple pregnancy, pregnancy leave may start ten weeks and must start no later than eight weeks before the day after the due date. The due date is the date in a written statement from a doctor or midwife given to the employer. The rules cannot be varied to the employee's detriment (Article 3:5).

What Happens if the Baby Is Born Early or Late?

The leave after the birth is always at least ten weeks. It is extended by the number of days by which the pregnancy leave, counted up to the due date or the actual birth if earlier, was shorter than six weeks (Article 3:1(3) WAZO).

• Born early: the pregnancy leave not taken is added to the leave after the birth, so the total remains 16 weeks.
• Born late: the pregnancy leave simply continues until the birth, and the ten weeks after the birth start then. The total leave is therefore longer than 16 weeks.
• Pregnancy leave started later than six weeks before, for example at four weeks: the two weeks not taken are added after the birth.

What if the Newborn Is Admitted to Hospital?

If the child is admitted to hospital for medical reasons during the leave after the birth, the leave is extended by the days of admission from the eighth day of admission, up to a maximum of ten weeks (Article 3:1(5) WAZO).

The employee reports the admission and its end to the employer (Article 3:3(2)), and the employer informs UWV so that the benefit is extended as well (Article 3:11(1)).

Can Maternity Leave Be Split?

Yes. After six weeks of leave after the birth, the employee can ask to take the rest of the leave spread over a period of 30 weeks. The request must be made no later than three weeks after the leave started, and the employer must agree within two weeks unless a compelling business interest prevents it (Article 3:1(6) to (8) WAZO).

Each remaining week of leave is valued at the weekly working hours at the time of the leave after the birth (Article 3:1(7)), so the employee can combine part-time leave with a gradual return to work.

How Much Is Maternity Pay in the Netherlands?

The benefit is equal to the daily wage (Article 3:13 WAZO), up to the maximum daily wage. The application is made through the employer to UWV, no later than two weeks before the pregnancy leave starts (Article 3:11).

The daily wage is based on the employee's wage in the year before the leave, divided by 261. See UWV: maternity pay if you have an employment contract. Holiday entitlement continues to accrue over the full working hours (Article 7:635(2) of the Dutch Civil Code). See also annual leave.

When Must the Employee Inform the Employer?

The employee informs the employer of the start date of the pregnancy leave no later than three weeks before that date, and of the birth no later than the second day after it (Article 3:3 WAZO).

There is no statutory deadline for telling the employer about the pregnancy itself. In practice, informing the employer early helps, because the employer then has to take the pregnancy into account in the work, and the employer may ask for a statement from a doctor or midwife to confirm the pregnancy.

Can an Employer Dismiss a Pregnant Employee?

No. The employer cannot give notice during the pregnancy, during the leave after the birth, and in the six weeks after returning to work, or after a period of illness caused by the pregnancy or birth that follows the leave: Article 7:670(2) of the Dutch Civil Code.

The protection applies during the pregnancy as such; the employer can ask for a statement from a doctor or midwife as proof. Limited exceptions exist, for example when the whole business closes (though not during the leave itself) or when the employee agrees in writing (Article 7:670a(2)). A notice given in breach of the prohibition can be annulled by the subdistrict court at the employee's request, or the employee can claim fair compensation instead (Article 7:681(1)(b)); the request must be filed within two months (Article 7:686a(4)). The prohibition concerns notice: a fixed-term contract can still end on its end date during pregnancy, but not renewing it because of the pregnancy can be prohibited discrimination. More: protection against dismissal.

What Are the Working Conditions During Pregnancy and After Birth?

The Working Hours Act (Arbeidstijdenwet) gives specific protection: the employer must organise the work so that the employee does not work in the 28 days before the due date or the 42 days after the birth (Article 4:6).

• During pregnancy, the work must take account of the employee's circumstances; she may take extra breaks of up to one-eighth of her working time per shift, and cannot be obliged to work more than 10 hours per shift (Article 4:5).
• She cannot be obliged to work night shifts, unless the employer shows that this cannot reasonably be required of it (Article 4:5(5)).
• She keeps her pay for time needed for pregnancy examinations (Article 4:5(6)).
• These protections continue for six months after the birth, except the paid examinations (Article 4:7).
• During the child's first nine months, an employee who breastfeeds may interrupt work to feed or express milk, up to a quarter of her working time per shift, with pay and in a suitable private room (Article 4:8).

See also working hours in the Netherlands.

Is Unequal Treatment Because of Pregnancy Discrimination?

Yes. Under the General Equal Treatment Act, a distinction on the grounds of pregnancy, childbirth or motherhood is direct discrimination on the grounds of sex (Article 1(3) AWGB).

This applies to recruitment, pay, promotion and the renewal of a fixed-term contract. See discrimination in employment.

What Is the Timeline for Maternity Leave in the Netherlands?

After maternity leave, partners and parents can take further leave: birth leave for partners and parental leave.

Key Legal Sources

• Wet arbeid en zorg, Articles 3:1, 3:3, 3:5, 3:11 and 3:13
• Articles 7:635, 7:670, 7:670a and 7:681 of the Dutch Civil Code
• Arbeidstijdenwet, Articles 4:5 to 4:8
• Algemene wet gelijke behandeling, Article 1(3)
• UWV: maternity pay if you have an employment contract