A pregnant employee is entitled to six weeks pregnancy leave and at least ten weeks maternity leave. Pregnancy and maternity leave are unpaid by the employer. The employee is however entitled to pregnancy and maternity benefits from the Employee Insurance Agency (“UWV”). The benefits amount to 100% of the employee’s salary, with a maximum of 100% of the maximum daily wage1. The UWV usually pays the benefits to the employer, while the employer continues to pay the wages (in full) to the employee. The benefits last as long as the combined pregnancy and maternity leave, at least sixteen weeks, even if the employee gives birth earlier or later than the estimated due date.
Pregnancy leave
Pregnant employees can take leave from six weeks, but no later than four weeks before the estimated due date. The employee must apply for her pregnancy leave at least three weeks before the date on which she wants her leave to start. The employee must also provide the employer with a certificate from her doctor or midwife stating the date the baby is due. Pregnancy leave lasts until the day of the delivery. The employee must inform their employer of the date of birth no later than two days after the delivery.
Days that the employee takes less than six weeks pregnancy leave are added to the maternity leave. For example, if the employee takes leave five weeks before the day after the estimated due date, one week will be added to the maternity leave. If the child is born later than the estimated due date, the maternity leave will not be shorter.
Maternity leave
Maternity leave starts on the day after the delivery and lasts for at least ten weeks, even if the child is born later than the estimated due date. In that case, the pregnancy and maternity leave together last longer than sixteen weeks.
Part of the maternity leave can be taken in instalments. This concerns the part of the maternity leave that remains after six weeks following the delivery date. The employee can take this remainder divided over a period of up to 30 weeks in consultation with the employer.
Pregnant with twins or multiple birth
In case of pregnancy with twins or multiple birth the total duration of leave is longer. The employee is then entitled to ten weeks pregnancy leave and at least ten weeks maternity leave.
Pregnancy leave starts between eight and ten weeks before the estimated due date. The employee determines the start date of the leave within this period. Pregnancy leave lasts until the day of the delivery. Days that the employee takes less than ten weeks pregnancy leave are added to the ten weeks maternity leave.
Illness during pregnancy
If the employee becomes ill during pregnancy, different rules apply. Which rules apply depends on i) whether or not the illness is related to pregnancy or childbirth and ii) the moment in time that the employee becomes ill: before, during or after the pregnancy or maternity leave.
A. Illness related to pregnancy or childbirth
Illness during the first 24 weeks of pregnancy
In the event of illness related to pregnancy or childbirth, during the first 24 weeks of pregnancy, the employer can apply for sickness benefits for the employee at the UWV.
The sickness benefits continue until the day she is reported better or until the start date of the pregnancy leave. The sickness benefits amount to 100% of the employee’s salary, with a maximum of 100% of the maximum daily wage2.
Premature termination of pregnancy during the first 24 weeks
In the event the employee calls in sick as a result of a miscarriage or abortion during the first 24 weeks of pregnancy, the employer can apply for sickness benefits from the UWV for the employee. The sickness benefits amount to 100% of the employee’s salary, again with a maximum of 100% of the maximum daily wage2. The employee will not receive pregnancy and maternity benefits in the event of premature termination of the pregnancy during the first 24 weeks.
Premature termination of pregnancy after the first 24 weeks
In the event the pregnancy is terminated after 24 weeks due to premature birth or stillbirth, the employee is entitled to pregnancy and maternity benefits from the first day after the premature termination of pregnancy for a period of sixteen weeks.
Illness during the period of six to four weeks before the estimated due date until the start of pregnancy leave
In the event the employee becomes ill in the period of six to four weeks before the estimated due date and the pregnancy leave has not yet started, the employer can apply for sickness benefits at the UWV. The sickness benefits continue until the day the employee is reported better or until the start date of the pregnancy leave.
The days of illness are deducted from the pregnancy and maternity leave, effectively advancing the start date of the pregnancy leave. Also, it may happen that the leave terminates earlier than planned. After the delivery the employee is however always entitled to at least ten weeks’ leave. The actual end date of the leave therefore depends on the date of delivery.
Illness during pregnancy and maternity leave
In the event of illness during pregnancy and maternity leave, the employee remains entitled to pregnancy and maternity benefits from the UWV. Therefore, she is not entitled to sickness benefits and the employer does not have to report the illness at the UWV.
Illness after pregnancy and maternity leave
In the event the employee becomes ill after the end of the pregnancy and maternity leave, and the illness is related to pregnancy or childbirth, the employee is entitled to sickness benefits from the UWV during two years. The sickness benefits amount to 100% of the employee’s salary, with a maximum of 100% of the maximum daily wage2.
B. Illness not related to pregnancy or childbirth
Illness during the first 24 weeks of pregnancy
In the event the employee becomes ill before the leave period, and the illness is not related to pregnancy or childbirth, the standard rules regarding sickness are applicable. This means that the employee is entitled to continued salary payment by the employer during two years.3.
Illness during the period of six to four weeks before the estimated due date until the start of pregnancy leave
In the event the employee becomes ill in the period six to four weeks before the estimated due date and the pregnancy leave has not yet started, the employer can apply for sickness benefits from the UWV for the period up to the start date of the pregnancy leave. The days of illness are, however, deducted from the sixteen weeks’ leave. If the employee is still ill at the start date of the pregnancy leave, the sickness benefits stop automatically.
Illness during pregnancy and maternity leave
In the event the employee becomes ill during the pregnancy and maternity leave period, she is not entitled to sickness benefits, but she remains entitled to the pregnancy and maternity benefits.
Illness after pregnancy and maternity leave
If the employee becomes ill after the pregnancy and maternity leave period, she is entitled to salary payment by the employer.4. The employer cannot apply for sickness benefits from the UWV for the employee.
Parental Leave
Parents with children up to the age of eight years old are also entitled to parental leave. Read more about parental leave.
Legal advice regarding pregnancy and maternity leave?
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- The maximum daily wage is annually determined by the government. For the up-to-date statutory maximum daily wage, please refer to: https://www.uwv.nl/particulieren/bedragen/detail/maximumdagloon.
- See footnote 1.
- During the first two years of employee sickness, the employer should pay at least 70% of the employee’s regular salary. The statutory minimum wages are the absolute minimum sick pay – also if 70% of the regular salary would indicate an amount lower than the applicable minimum wage. If the regular salary exceeds the statutory ‘maximum daily wage’, then 70% of the maximum daily wage would suffice as sick pay. Contractual arrangements are often more generous for the employee, stipulating that the employer pays, for example, 100% or 90% of the regular salary during the first year of illness and 70% during the second year of illness. For higher salaries, the difference between the statutory minimum sick pay and the contractual sick pay can be substantial.
- See footnote 5.