Maternity Leave and Partner Leave in Westland
In Westland, partners are entitled to birth leave and [additional birth leave](https://rechtshulpamsterdam.nl/encyclopedie/voorbevallingsverlof) upon the birth of their child.
Birth Leave (1 week)
After the birth of the child, the partner in Westland is entitled to 1 week of fully paid birth leave.
Additional Birth Leave (up to 5 weeks)
In addition, the partner may claim up to 5 weeks of additional leave, which must be taken within the first 6 months after the birth.
Financial Support
During the additional leave, the partner receives a [UWV benefit](https://rechtshulpamsterdam.nl/encyclopedie/ziektewet-dagloon-berekening) amounting to 70% of the daily wage.
Taking Leave
- Birth leave: immediately after the birth, to be taken in one go
- Additional leave: flexibly scheduled within 6 months
Statutory Rights
In Westland, an employer may not refuse the leave. All rights under the [employment contract](https://rechtshulpamsterdam.nl/encyclopedie/wml-loonstrook) are retained during the leave.
Statutory basis: Work and Care Act (WAZO)
Frequently Asked Questions about Leave in Westland
How do I apply for birth leave?
In Westland, you must apply for birth leave in writing to your employer at least 3 working days before the start date. State the expected due date and indicate that you wish to take the leave immediately after the birth. For additional leave, you must notify both your employer and the UWV 4 weeks in advance.
Do I receive full pay during the leave?
During the first week of birth leave, you receive 100% of your salary from your employer. For the additional 5 weeks, you receive 70% of your daily wage from the UWV, with a maximum of €256.54 per day (2024).
Can my employer refuse my leave?
No, in Westland, an employer may not refuse birth leave. This is laid down in the Work and Care Act (WAZO). In case of unjustified refusal, you can contact the Netherlands Labour Authority (Inspectie SZW) or seek legal assistance via the Juridisch Loket Westland.
Can I take additional leave in parts?
Yes, the additional leave of 5 weeks can be taken flexibly within 6 months after the birth, in consultation with your employer. Record agreements in writing.
What if my child is born prematurely?
In the case of premature birth, the birth leave starts immediately after the birth. The 6-month period for additional leave runs from the actual birth date. Inform your employer and the UWV as soon as possible.
Does this leave also apply to adoption in Westland?
Yes, in the case of adoption or foster care, you are entitled to a maximum of 6 weeks of leave with a benefit of 100% of your salary from the UWV, to be taken within 26 weeks after the placement of the child.