Maternity leave under Dutch employment law
Maternity leave (zwangerschaps- en bevallingsverlof) in the Netherlands is governed by the Work and Care Act (Wet arbeid en zorg, WAZO). The total leave period amounts to at least 16 weeks. The prenatal leave (zwangerschapsverlof) starts between four and six weeks before the expected date of delivery. The postnatal leave (bevallingsverlof) follows immediately after childbirth and lasts at least ten weeks. If the baby is born later than expected, the postnatal leave is extended accordingly so that the total leave period remains at least 16 weeks.
During maternity leave, the employee receives a benefit (zwangerschapsuitkering) from the Employee Insurance Agency (UWV) equal to 100% of the daily wage, up to the maximum daily wage (maximumdagloon). The employer applies for this benefit on behalf of the employee. The employment contract remains in force during maternity leave, and the employee continues to accrue annual leave and pension rights in full. The leave is regulated under Articles 3:1-3:8 WAZO. Unequal treatment based on pregnancy, confinement, or motherhood constitutes direct sex discrimination under Article 1(2) of the Equal Treatment of Men and Women Act (Wet gelijke behandeling van mannen en vrouwen), and is prohibited regardless of the employer's intent.
Protection against dismissal during pregnancy in the Netherlands
The employer is prohibited from dismissing an employee during pregnancy and during the maternity leave period. This protection is laid down in Article 7:670 of the Dutch Civil Code. The prohibition also applies for a period of six weeks after the employee returns to work following maternity leave. Dismissal in breach of this prohibition is legally void (vernietigbaar).
The employee must notify the employer of the pregnancy and the expected delivery date no later than three weeks before the start of the prenatal leave. This notification triggers the dismissal protection under Article 7:670 of the Dutch Civil Code. Employees who are pregnant but have not yet notified the employer should do so promptly to ensure legal protection. Pregnant employees and new mothers are also protected by the Working Hours Act: Article 4:5 WAZO entitles them to transfer to daytime work if a doctor certifies that night work poses a health risk; if transfer is not possible, the employer must grant exemption from night work with continued pay.
Extension for hospitalised newborns under Dutch law
If the newborn is hospitalised immediately after birth, the postnatal leave may be extended by the number of days the child was hospitalised beyond the first week, up to a maximum of ten additional weeks. This extended leave also qualifies for UWV benefit. Paternity leave and parental leave may be taken after the maternity leave period ends.