Prenatal Leave in Westland: Rules and Rights
Prenatal leave allows pregnant employees in Westland to take time off to rest shortly before giving birth. This falls under pregnancy and maternity leave and comprises a maximum of 6 weeks. It safeguards the health of mother and child, and prevents discrimination or dismissal, as laid down in the law.
What does prenatal leave entail for employees in Westland?
Prenatal leave starts 6 weeks before the expected due date and provides space for relaxation in the final stage of pregnancy, midwife appointments, and preparations. The last 4 weeks are mandatory, while the 2 weeks prior are optional. In Westland, where many women perform physical work in greenhouses or horticulture companies, many opt for the full 6 weeks due to increasing fatigue. The leave ends on the day of birth, after which maternity leave follows.
Legal basis for prenatal leave
The right is regulated in the Work and Care Act (WAZO), articles 4:1 to 4:5. Every pregnant employee in Westland is entitled to it, regardless of years of service. Dismissal protection applies from week 20 (Article 7:17(2) BW). The Exceptional Work and Care Act (UAZO) governs the benefit: the employer continues salary payments during prenatal leave, with UWV taking over after birth.
Duration and start date in Westland
Standard 6 weeks prenatal leave:
- 2 weeks optional leave: voluntary, starting 6 weeks before birth.
- 4 weeks mandatory leave: immediately before birth.
The start depends on the date from the midwife or gynecologist in the Westland region. In case of premature birth, the remaining period is added to maternity leave.
Comparison of prenatal and maternity leave
| Aspect | Prenatal Leave | Maternity Leave |
|---|---|---|
| Duration | 6 weeks (4 mandatory + 2 optional) | 10 weeks |
| Start | 6 weeks before expected birth | Day after birth |
| Salary continuation | Employer (full salary) | UWV benefit (70% salary, max daily wage) |
| Mandatory? | Last 4 weeks yes | Fully yes |
More info on duration of pregnancy and maternity leave or maternity leave.
Rights and obligations during prenatal leave
Rights:
- Dismissal only with UWV permission.
- 100% salary paid by employer.
- Safe workplace (Working Conditions Act article 4:8), relevant for heavy labor in Westland.
- Earlier start possible with medical indication.
Obligations:
- Notify employer in writing at least 8 weeks in advance, with medical confirmation.
- Apply for UWV benefit after birth.
- Inform employer of any changes to the date.
Practical examples from Westland
Example 1: Marie works at a glasshouse horticulture company in 's-Gravenzande; birth expected July 1. She notifies on May 3. Leave starts May 20: 2 weeks optional, 4 mandatory. Employer pays through until July 1.
Example 2: Lisa's baby arrives early on June 25. Remaining optional leave shifts to maternity leave (11 weeks total).
Example 3: Self-employed workers (ZZP'ers) in Westland have no statutory right, but can apply for voluntary UWV benefit if insured for 26 weeks.
Frequently asked questions about prenatal leave in Westland
Can I postpone prenatal leave?
No, the start is fixed at 6 weeks before the expected date. Any remainder in case of early birth goes to maternity leave. Earlier start possible with medical certificate.
Employer not paying salary?
Legally required to pay 100%. Report to UWV, union, or Westland District Court. Sanctions will follow.
Does this apply to adoption?
No, only biological mothers. Adoption leave for parents (see adoption leave).
For part-timers in Westland?
Yes, pro rata salary, regardless of hours.
Tips for employees in Westland
Prevent issues:
- Notify early using the UWV template letter.
- Keep the certificate from your local midwife.
- Discuss lighter duties with HR before leave, e.g., in horticulture.
- For questions: Westland Legal Counter for free advice, or Westland District Court for disputes.
- Partners: link to birth leave (5 days paid + 5 weeks).
Make an emergency plan with your employer for unexpected premature birth, via Municipality of Westland if needed.