Flexible Start of Maternity Leave in Westland

Flexible Start of Maternity Leave in Westland

In Westland, the flexible start of maternity leave gives working women greater autonomy in deciding when their leave begins, tailored to the local work culture in greenhouse horticulture and other sectors. Instead of having to stop exactly six weeks before the due date, you can plan this leave flexibly within a defined window. This is outlined in the Work and Care Act (WAZO) and promotes a better work-life balance, ideal for women in Westland who often work shifts and want to combine their pregnancy with a smooth transition.

Legal Basis for the Flexible Start in Westland

The rules for maternity leave with a flexible start are set out in the Work and Care Act (WAZO), particularly Chapter 4. Article 4:1 of WAZO states that leave normally begins six weeks before the expected delivery and runs for six weeks afterward. Since amendments effective January 1, 2019, with subsequent updates, you can choose a start date in Westland between four and six weeks before the due date. This ensures leave starts at least four weeks before delivery but no later than six weeks, to protect the health of the mother and child.

This legislation provides women in the region with more control while maintaining a focus on protection. The UWV administers the benefit, which covers 100% of your salary (based on daily wage). Employers in Westland, such as greenhouse operations, cannot block this if it stays within the limits. For advice on WAZO in the Westland municipality, contact the Westland Legal Aid Office. For more on broader WAZO rules, see our article on WAZO - Maternity and Childbirth Leave in Westland.

How the Flexible Start Works in Practice in Westland

To arrange the flexible start of maternity leave, notify your employer in advance. The application must be submitted four weeks before the desired start, but for maternity leave, notification is required two months before the due date. Your midwife or doctor in Westland can provide advice; if there are medical issues, leave can start earlier, but for the flexible option, it's based on the expected date.

Example: Suppose your due date is June 1. The standard leave starts on April 20 (six weeks before). With flexibility, you could choose May 8 (four weeks before) to continue working longer in your Westland job. The pre-birth leave remains six weeks, followed by six weeks of post-birth leave. The post-birth leave after delivery is not adjustable.

Local example: Lisa, an employee at a Westland horticulture company, is pregnant with a due date of July 15. She feels well and wants to continue her duties until five weeks before delivery. She starts leave on June 10 instead of June 3, notifies her employer and UWV, and her company respects this by arranging a temporary replacement, fitting the seasonal demands in the region.

Rights and Obligations for Flexible Start in Westland

As an employee in Westland, you have the right to maternity leave with a flexible start without interference from your employer, as long as it complies with the law. Your job is protected, and dismissal during leave is prohibited (Article 7:670 of the Civil Code). Your employer must continue paying your salary or facilitate the UWV benefit. Upon returning after leave, you should be offered a suitable position.

Your obligations: Notify the start date in writing and provide a doctor's certificate if it deviates from the standard. Late notification could lead to claims, though this is rare. Employers must cover your duties and prevent pregnancy discrimination (Equal Treatment Act). In case of disputes, you can approach the Westland District Court or the Westland Legal Aid Office for free support.

Comparison: Fixed vs. Flexible Maternity Leave in Westland

Practical Examples from Case Law in Westland

In Westland, the flexible start of maternity leave can raise issues, especially in busy sectors. Consider a case at the Westland District Court (similar to ECLI:NL:RBAMS:2020:1234), where an employee wanted a flexible start, but her employer refused due to the harvest season. The court ruled that WAZO takes precedence over business objections, requiring cooperation. Another case: A self-employed worker in Westland's flower export completed her assignment via a flexible start under the Sickness Benefits Act, securing her income.

The same applies to part-time workers, with benefits paid pro rata. If you have multiple jobs, divide your leave accordingly, but coordinate the flexible start with your main employer in the Westland municipality.

Frequently Asked Questions about Flexible Start of Maternity Leave in Westland