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Netherlands - Maternity protection - 2009


LAST UPDATE

10 June 2009

SOURCES


Name of Act

Work and Care Act, (Wet Arbeid en Zorg), 16 November 2001, Staatsblad 567, 16 November 2001, as in force 10 June 2009.

Name of Act

Working Time Act, (Arbeidstijdenwet), of 23 November 1995, as amended and in force 9 June 2009

Name of Act

Sickness Act, (Ziektewet), Staatsblad 204, 5 June 1913, as in force 10 June 2009.

Name of Act

Disability Insurance Act, (Wet op de Arbeidsongeschiktheidsverzekering), Staatsblad 84, 18 February 1966, as in force 10 June 2009

Name of Act

Civil Code - Book 7, Special Agreements, (Burgerlijk Wetboek - Boek 7, Bijzondere Overeenkomsten), 16 November 2001, as in force 10 June 2009

Name of Act

Equal Treatment Act, (Algemene wet gelijke behandeling), Staatsblad 230, 2 March 1994, as in force 10 June 2009

Name of Act

Working Conditions Decree, (Arbeidsomstandighedenbesluit), Staatsblad 60, 15 January 1997, as in force 10 June 2009.

MATERNITY LEAVE


Scope

Female workers.
Work and Care Act § 3:1.1

Qualifying conditions

The female worker informs her employer of the day on which she will begin her pregnancy leave at the latest 3 weeks before this day and informs her employer of the birth of her child at the latest on the second day following the birth.
Work and Care Act §3:3.1

Duration


Compulsory leave

4 weeks prenatal leave (28 days, prolonged by the period that passes between the expected and the actual date of delivery) and 42 days postnatal leave
Working Time Act §4.6

General total duration

16 weeks - 6 weeks before the day following the expected date of delivery, as indicated on a written declaration from a doctor or midwife, and 10 weeks following the delivery plus the number of days by which the prenatal leave has amounted to less than 6 weeks.
Work and Care Act §3:1.2, 3:1.3
Historical data (year indicates year of data collection)
  • 2011: 16 weeks - 6 weeks before the day following the expected date of delivery, as indicated on a written declaration from a doctor or midwife, and 10 weeks following the delivery plus the number of days by which the prenatal leave has amounted to less than 6 weeks.
  • 2004: Sixteen weeks
  • 1998: Sixteen weeks
  • 1994: Sixteen weeks

Leave in case of illness or complications

The insured female has the right to sick pay up to 104 days if she is unable to work as a result of pregnancy or delivery, except during the periods of prenatal and postnatal leave. Following this period, disability benefits may be paid.
Sickness Act §19.2/3, 29:5
Disability Insurance Act §19:1/2

RELATED TYPES OF LEAVE


Parental leave


Scope

The worker who stands in a legal parental family relationship to a child or the worker who lives at the same address as a child and has durably undertaken the care and raising of the child as his own child.
Work and Care Act §6:1.1, 2

Qualifying conditions

The employment relationship must have existed for at least 1 year. The worker informs the employer in writing of his intention to take parental leave at least 2 months before the leave starts, indicating the period of leave, the number of hours of leave per week (or other agreed period), and the distribution of the leave hours over the week (or other agreed period).
Work and Care Act § 6:3.1, 6:5.1

Length

At most 26 times the weekly working hours within a period of at most 12 consecutive months, up to the child`s 8th birthday, to be taken as part-time leave (amounting to at most half the weekly working hours). The worker can request parental leave for a longer period than 12 months, for the division of the leave into at most 6 periods of which each period amounts to at least a month, or for more hours of leave per week than half the weekly working hours. The employer can reject this request if a substantial business or service interest prevents it.
Work and Care Act §6:2, 6:4

Paternity leave


Scope

Worker, upon the delivery of a child by his wife, registered partner, woman with whom he lives together without being married, or woman by whom he has recognized a child as his own.
Work and Care Act §4:2

Qualifying conditions

The worker informs the employer beforehand that he will take the leave, indicating the reason. If this is not possible, the worker informs the employer that he is taking the leave as soon as possible, indicating the reason. After the leave has been taken, the employer can demand proof that a child was delivered.
Work and Care Act §4:3.1, 4:4

Length

2 days of paid leave in a period of 4 consecutive weeks.
Work and Care Act §4:2

Adoption leave


Scope

Workers who adopt or foster a child.
Work and Care Act §3:2.1 and 4

Qualifying conditions

The worker informs the employer of the intent to take adoption leave, if possible, at the latest 3 weeks before the first day of the adoption leave, indicating the total amount of leave. Documents will be provided proving that a child has been or will be adopted.
Work and Care Act §3:3.2

Length

A maximum of 4 consecutive weeks of leave without wages in a period of 18 weeks. The right to adoption leave exists from 2 weeks before the first day of the actual adoption, as this day is indicated in a document provided to the employer by the worker, proving that a child has been or will be adopted. If two or more children are adopted simultaneously, the right to adoption leave only exists in relation to one child.
Work and Care Act §3:3.2

RIGHT TO PART-TIME WORK


General provisions

Parental leave is in general to be taken as part-time leave. See parental leave above.
Work and Care Act §6:2, 6:4

CASH BENEFITS


Maternity leave benefits


Scope

The female worker is entitled to benefits for the period of the prenatal and postnatal leave. The right to benefits also exists for women whose delivery is likely or takes place within a period of 10 weeks from the end of her employment.
Work and Care Act §3:10.1, 3:7.1

Qualifying conditions

The female worker who wishes to qualify for benefits in relation to prenatal and postnatal leave applies via the employer to the Executive Institute for Employee Insurances at the latest 2 weeks before the start of the leave (or the date on which the worker wishes the leave to start). The application lists the expected date of delivery, supplying a statement from a doctor or midwife, and the date on which the prenatal leave starts (or the date on which the worker wishes the leave to start).
Work and Care Act §3:11.1

Duration

16 weeks plus any period of prolongation due to sickness of the female worker.
Work and Care Act §3:8

Amount

100 per cent of the daily wage (up to a ceiling of EUR 174,64); 70% for the period of sick pay.
Historical data (year indicates year of data collection)
  • 2011: 100 per cent of the daily wage (up to a ceiling of EUR 174,64); 70% for the period of sick pay.
  • 2004: One hundred percent
  • 1998: One hundred percent
  • 1994: One hundred percent

Financing of benefits

Social Security.
Work and Care Act §3:15
Historical data (year indicates year of data collection)
  • 2011: Social Security.
  • 2004: Unemployment fund
  • 1998: Unemployment fund
  • 1994: Social security

Parental leave benefits


Amount

(unpaid)

Paternity leave benefits


Scope

Worker, upon the delivery of a child by his wife, registered partner, woman with whom he lives together without being married, or woman by whom he has recognized a child as his own.
Work and Care Act §4:2

Duration

2 days.
Work and Care Act §4:2

Amount

100% of the daily wage.
Work and Care Act §4:2

Financing of benefits

Employer.
Work and Care Act §4:2

Adoption leave benefits


Scope

The right to benefits also exists for those persons who, on the first day that a child is factually adopted or fostered, have been unemployed for less than 10 weeks.
Work and Care Act §3:10.2/3

Qualifying conditions

The worker who wishes to qualify for benefits in relation to adoption or foster care applies through the employer to the Executive Institute for Employee Insurances at the latest 2 weeks before the start of the leave (or the date on which the worker wishes the leave to start). Documentation will be provided that a child has been or will be adopted or fostered and the date on which this adoption or fostering has taken or will take place. Also indicated will be the date on which the leave will start (or the date on which the worker wishes the leave to start). If, over the same period, a person is entitled to benefits in relation to pregnancy or delivery leave and to benefits in relation to adoption or fostering, the benefits for adoption or fostering will not be paid out.
Work and Care Act §3:11.2, 3:29.1

Duration

4 weeks
Work and Care Act §3:9

Amount

100 per cent of the daily wage per day, up to a ceiling of 174,64 Euros.

Financing of benefits

Social Security.
Work and Care Act §3:15

BREASTFEEDING


Right to nursing breaks or daily reduction of hours of work

For the first 9 months of her child’s life, the female worker is entitled to interrupt her work to nurse or pump breastmilk, enjoying the necessary quiet and seclusion. Breaks for this purpose take place as often and for as long as required, though together amounting to at most 1/4 of the working time per work period. The determination of the time and length of the breaks is made by the female worker after consultation with the employer. The breaks count as working time and the female worker will receive wages for the periods of the breaks.
Working Time Act §4:8.1-3

Nursing facilities

For pregnant or nursing workers a suitable, lockable space will be made available which is or which can immediately be made suitable for resting. In such a space a sound bed (folding or not) or a sound couch will be provided.
Working Conditions Decree §3.48

HEALTH PROTECTION


Arrangement of working time

In general, with respect to working time, the work of a pregnant worker and the worker up to 6 months after childbirth shall be organised in such a way that her specific needs are taken into account.The employer shall fulfill this obligation within a reasonable period of time after the worker has put in a request for a different working time arrangement. If required by the employer, the pregnant worker’s request shall be accompanied by a written declaration from a doctor or a midwife stating that the worker is pregnant. The pregnant worker/the worker up to 6 months after childbirth is entitled to work in a stable and regular pattern of work and rest breaks.
Working Time Act §4:5.1, 4:5.3, 4:7

Night work

A pregnant worker/worker up to 6 months after childbirth cannot be obliged to do night work, unless the employer can show that this exemption cannot reasonably be expected of him.
Working Time Act §4:5.5, 4:7

Overtime

The pregnant worker (over 18) and workers up to six months after childbirth cannot be obliged to work more than 10 hours per work period, 50 hours each 4 week period and 45 hours each 16 week period. For young workers (up to 18 years) the normal hours for young workers apply (9 hours per day, 45 hours per week maximum, 40 hours on average in each 4 week period)
Working Time Act §4:5.4, 4:7, 5:7

Time off for medical examinations

The employer enables the pregnant worker to undergo the necessary medical examinations. She remains entitled to the wages established per time period if a medical examination prevents her from working.
Working Time Act §4:5.6

Other work arrangements

For pregnant or nursing workers a suitable, lockable space will be made available which is or which can immediately be made suitable for resting. In such a space a sound bed (folding or not) or a sound couch will be provided. The pregnant worker has the right to alternate work with one or more extra rest breaks. Together, these extra rest breaks amount to at most 1/8 of the worker’s working time per work period. The extra rest breaks count as working time.
Working Conditions Decree §3.48
Working Time Act §4:5.2

Dangerous or unhealthy work

If a workplace includes or is likely to include pregnant or nursing workers, the risk-inventory and -evaluation will pay special attention to the non-limitative list of agents, procedures and working conditions indicated in appendix l of guideline 92/85/EEG (EEG guideline of 19 October 1992 concerning measures for the promotion of better health and safety of pregnant workers during pregnancy, after delivery, and while nursing).
Working Conditions Decree §1.41

General

For a pregnant or nursing worker, the employer will organize the work, arrange the work space, apply a production- and work-method, and allow the use of work aids in such a way that the work will not cause danger to her health and safety or have adverse effects on her pregnancy or nursing.
Working Conditions Decree §1.42:1

Risk assessment


» Adaptation of conditions of work

If it is not reasonably possible to prevent danger to the health and safety of the worker or adverse effects on pregnancy or nursing, a temporary adjustment in the work or the work- and rest-periods will be made to prevent danger to the health and safety of a pregnant or nursing worker and to prevent any adverse effects on her pregnancy or nursing.
Working Conditions Decree §1.42:2

» Transfer to another post

If it is not reasonably possible to prevent danger to the health and safety of the worker or adverse effects on pregnancy or nursing, the pregnant or nursing worker will temporarily be assigned different work.
Working Conditions Decree §1.42:3

» Paid/unpaid leave

If it is not reasonably possible to prevent danger to the health and safety of the worker or adverse effects on pregnancy or nursing, the pregnant or nursing worker will be temporarily exempted from work.
Working Conditions Decree §1.42:4

Particular risks


» Work involving exposure to biological, chemical or physical agents

Pregnant and nursing workers are prohibited from working with white lead (lead oxidant) and with metallic lead and its alloys for which a biological limiting value has been established. Pregnant and nursing workers are prohibited from working with the biological agent Toxoplasma and with the Rubella virus, unless it has become clear that she is immune to this virus.
Working Conditions Decree:§4.109, 4.110

» Work involving physical strain (prolonged periods of sitting, standing, exposure to extreme temperatures, vibration)

Pregnant workers are prohibited from work that involves diving or caisson, and from any other work under overpressure conditions. Pregnant and nursing workers are prohibited from working in the underground mining industry.
Working Conditions Decree §6.29 and 6.29a

NON-DISCRIMINATION AND EMPLOYMENT SECURITY


Anti-discrimination measures

The employer may not make discriminate directly or indirectly against men or women when entering into an employment agreement, when training workers, with respect to employment conditions, in relation to promotions, and when terminating the employment agreement. Deviations from this provision are allowed if it concerns provisions that protect women, for example in relation to pregnancy or delivery.
Civil Code - Book 7 §646.1 and 646.3, 646.5
Equal Treatment Act §5:1

Protection from discriminatory dismissal

The employer cannot terminate the employment agreement with a female worker during pregnancy. The employer may request a declaration from a doctor or midwife proving the pregnancy. The employment agreement cannot be terminated during the period of delivery leave and for a period of 6 weeks following that period or following a period of inability to work that finds its cause in the delivery or the pregnancy preceding it and that follows directly on the worker’s postnatal leave. A stipulation according to which the employment agreement can end because of the pregnancy or delivery of the female worker is invalid
Civil Code - Book 7 §667.8, 670.2

Burden of proof

If the person who is of the opinion that discrimination (according to the provisions of the Equal Treatment Act) has occurred to her disadvantage brings forward facts that make discrimination plausible, the other party is obliged to prove that they did not act contrary to this Act.
Equal Treatment Act §10:1

Results generated on: 21st September 2014 at 04:01:06.
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