What are the rules for maternity leave?

What are the rules regarding maternity leave for your female employees? And what do you, as an entrepreneur, need to take into account? KHN lists all the questions and answers.

How many weeks of maternity leave is my employee entitled to?

Your employee is entitled to at least sixteen weeks of maternity and childbirth leave. The date on which the maternity leave begins depends on the expected date of delivery. Your employee may take leave starting six weeks, but at least four weeks, before the day after the date of delivery. An employee who has given birth is always entitled to at least 10 weeks of leave after the date of delivery, even if the baby is born later than expected. If the employee wishes to return to work sooner, she may only do so 42 days after the date of delivery.

My employee's baby has been admitted to the hospital. What does this mean for her maternity leave?

Your employee's maternity leave is extended when the child is admitted to the hospital due to his medical condition. The leave is then extended by the number of days of admission, calculated from the eighth day of admission up to and including the last day of the maternity leave, to a maximum of ten weeks.

Is my employee entitled to extra leave for a multiple pregnancy?

As of April 1, 2016, leave for a multiple pregnancy has been extended by 2 to 4 weeks. The leave for an employee pregnant with twins or triplets commences 8 to 10 weeks before the due date.

Can maternity leave also be spread out?

Your employee may request that, after the 6 weeks of maternity leave, the remainder of the leave be spread out over a period of up to 30 weeks. The employee must submit the request to take this leave to you no later than 3 weeks after the date of delivery.

Is my employee's partner entitled to leave around the birth?

The spouse or partner of the mother of the newborn child is entitled to 2 days of paid paternity leave. In addition, he is entitled to 3 days of unpaid parental leave around the time of the birth (effective from 1 January 2015). The birth and the registration of the child fall under so-called emergency leave.

Does my employee accrue holiday entitlement during maternity leave?

Yes, your employee continues to accrue vacation days during the leave. The costs for vacation days are at your expense.

Who pays for maternity leave?

The UWV takes over the payment relief to your employee during the leave. You apply for the benefit no more than 4 and no less than 2 weeks before the start date of the leave. Usually, the benefit is transferred to you as the employer. Circumstances may arise in which the UWV transfers the benefit directly to the employee.

Am I entitled to maternity benefits as an entrepreneur?

Yes, this benefit is called the Self-Employed and Pregnant scheme (ZEZ). Under this scheme, you are entitled to a benefit of at least 16 weeks during and after your pregnancy. Are you a contributing partner and pregnant? In that case, you are also entitled to the benefit. You must apply for the benefit (the maximum benefit is equal to the minimum wage) at the UWV no later than 2 weeks before the desired start date. If you have taken out disability insurance, you may also receive a benefit from them. This does not affect the ZEZ benefit.

Do I have to give my employee the opportunity to express milk or breastfeed during working hours?

Yes, your employee has the right to breastfeed or express milk during working hours for the first 9 months. This may take up a maximum of 1/4 of the working time. As an employer, you must ensure that your employee has the opportunity to do so in a suitable (enclosed) room. If you do not have a suitable room, your employee may arrange a place herself or go to the baby.

Working hours and pregnancy

During your employee's pregnancy and the period of breastfeeding, you are responsible for ensuring that your employee can work in a safe and healthy manner. The basic principle is that the employee continues to perform her own duties as much as possible, unless this is not feasible. In that case, the work itself or the working hours will be adjusted. In any event (until 6 months after the delivery), your pregnant employee is entitled to extra breaks (1/8 of her working time), regular work and rest periods, and a suitable space to rest. Furthermore, the employee must be given the opportunity to undergo necessary prenatal examinations while retaining her salary.

Source: KHN.nl

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