Can I Work During My Maternity Leave?

Employees are allowed to work as long as they can perform their job during maternity leave, which ensures job security and allows them to accrue seniority and remain eligible for pay increases and benefits. This discrimination law protects employees from being treated differently due to pregnancy. Employees can choose to work on maternity leave, agreeing to work for up to 10 days without interrupting their leave or pay, known as “keeping in touch days”.

If employees are on maternity or family leave and receiving Statutory Parental Pay (SMP), Statutory Adoption Pay (SAP), or Shared Parental Pay (ShPP), they can work on a self-employed basis without it. The general rule is that working during maternity leave will bring to an end the statutory leave period and statutory maternity pay. However, there are exceptions, such as returning to work, keeping in touch, and taking at least 2 weeks off work after having a baby.

Returning to work after maternity leave allows employees to change working arrangements, redundancy, and holiday entitlement. If employees are legally classed as workers, they might be eligible for statutory maternity pay. If not eligible, they may be eligible for Maternity leave. Employees cannot work for another employer while on maternity leave and receiving maternity pay.

In April 2024, an information sheet was released outlining what employees should do if they want to resign from their job during pregnancy, maternity leave, or after returning to work. Employees are entitled to leave when they have a pregnancy check-up during working hours, and their statutory pay will stop. They can work up to 10 KIT days during maternity leave, which their employer should pay for.

After giving birth, employees are always entitled to at least ten weeks of maternity leave, even if the baby is born later than it was due. Maternity leave is generally limited to a minimum of 16 weeks paid leave, but if expecting twins or having multiple births, the leave can be extended.

How does maternity leave work in the Netherlands?

Pregnancy and maternity leave are granted to employees 6 to 4 weeks before the due date, with the right to determine the date yourself. After delivery, a minimum of 10 weeks of maternity leave is allowed, and the combined leave must be at least 16 weeks. If both parents are adopting or foster care, they both have 6 weeks of paid leave. To take pregnancy leave, employees must submit a pregnancy form to their employer 3 weeks before the desired date.

How much is maternity allowance Netherlands?

Maternity pay in the Netherlands is based on the average earnings of the mother in the year before her leave. The standard amount paid is 16 weeks of leave, with mothers receiving at least 100 of their salary for the first 6 weeks. After this, the amount decreases to 70 of their average earnings for the remaining 10 weeks. However, some collective bargaining agreements may offer more favorable conditions, such as extended leave or higher wages.

It is crucial for expectant mothers to check their specific employment contract and collective bargaining agreement to determine the exact wage percentage they will receive during their maternity leave.

In the Netherlands, fathers or partners of mothers who have just given birth to a child are entitled to two weeks of leave, allowing parents time to prepare for their new role, adjust to their new family situation, and care for their child.

How do I work out my maternity pay?

The summary is about how to calculate the weekly average of SMP, which is paid at 90 of your normal earnings in the reference period. For the first six weeks, SMP is paid at 90 of your earnings, and for the next 33 weeks, it is paid at the same 90 of your earnings or the flat rate, whichever is lower. For example, Linda, who earns £5, 000 gross in two months, would need to divide this by two, multiply it by 12 to get an annual figure of £30, 000, and then divide by 52 to get a weekly average of £576. 92.

Can I resign while on maternity leave?

Maternity leave employees cannot give notice of termination during this period, as it allows them to recover from childbirth and care for their newborn. After the leave, normal rules for notice periods and termination apply. Both parties can initiate the termination process under usual employment laws and regulations. It is advisable for both parties to consult their employment contract, labor laws, and relevant policies or agreements to ensure the termination process is conducted in accordance with the law and provided terms.

How much is 9 weeks paid parental leave in the Netherlands?

Individuals with multiple births or adopting multiple children are entitled to a maximum of 9 weeks of paid leave per child, with twins receiving 18 weeks of leave. Fostering multiple children also allows for 9 weeks of paid leave. If fostering multiple children, both children receive paid parental leave, with 9 weeks each time. If employment ends, you may still be entitled to part of your paid leave with your new employer, but you must arrange this yourself. Your new employer does not need to apply for paid parental leave, but they must submit a payment request to us, who will pay the benefit directly to you.

Can I quit before maternity leave?

After giving birth, it is best to keep options open until after the baby’s birth, as your employer should assume you are taking the full 52 weeks of maternity leave. If you decide to resign, you will continue to receive Statutory Maternity Pay or Maternity Allowance for the remaining 39 weeks, and you will still receive your usual contractual benefits, such as annual leave, up to the end of your notice period. To get maternity leave, you must provide your employer with the following information in or before the 15th week before your baby is due (if asked to do so).

Can you go on the sick straight after maternity leave?

If you are going to return to work after 52 weeks of maternity leave, you do not need to give any notice of return. You can go back to work on the day you are due back and are entitled to your normal pay. You can take annual leave or sick leave if needed. If you want to return before the end of your maternity leave, you must give your employer at least 8 weeks’ notice of the date you will be returning. If you do not give this notice and just turn up at work before the end of your maternity leave, your employer can send you away for up to 8 weeks or until the end of your leave, whichever is earlier.

If your employer did not write back to you within 28 days of the date you gave notice to take your maternity leave stating the date that your 52 week maternity leave will end, they cannot insist on you giving 8 weeks’ notice to return to work early. You should still give as much notice as possible to help you and your employer plan your return to work.

If you decide not to return to work, you can get SMP and MA for 39 weeks even if you do not plan to go back to work or if your employment ends during the SMP/MA period, such as if you are made redundancy. You do not have to pay SMP or MA back if you decide not to return to work. If your employer has given you extra contractual maternity pay, you only have to repay it if that was agreed in advance or specifically stated in your maternity policy.

If you do not want to return to work and need to repay your occupational maternity pay, you can ask to repay any company maternity pay in reasonable instalments, taking account of your household income and outgoings. You may find it helpful to speak to a debt adviser who can help you negotiate with your employer and agree a reasonable repayment plan.

If you are unable to return to work after your maternity leave, you can take sick leave as usual. However, once you are well enough to return to work, you cannot stay off work after your maternity leave has ended, as you will lose your right to return to work if you do not go back at the end of your 52 weeks’ leave.

Ask your employer if you can take annual leave immediately after your maternity leave, which is entitled to at least 28 days paid annual leave. Your normal holiday entitlement continues to accrue during maternity leave, so you may have some holiday owing to you. Annual leave should be agreed with your employer in the normal way and you should not be treated less favorably because you have been away on annual leave.

If you returned to work early and have not used up all your maternity leave/pay but now wish to take some more leave, you could give notice to take shared parental leave. Shared parental leave can be taken by either parent but must be taken within the first year after your baby’s birth. You may be eligible for Universal Credit if you take a period of unpaid leave, depending on your household income, housing costs, and number of dependants.

You are also entitled to urgent unpaid leave to care for a dependant in an emergency. The leave can be used if a dependant falls ill, gives birth, is injured, or there is a sudden problem with arrangements for the dependant (e. g., if your childminder falls ill). You are only entitled to take the time off necessary to deal with the emergency and to make arrangements for the care of the dependant.

If you have been on maternity leave and sick leave for a long time, you may have accrued a large amount of leave. You can take annual leave during sick leave, so you could ask to receive some paid holiday during your sick leave. You are entitled to carry forward 20 days annual leave if you cannot take it because of sick leave.

You cannot take annual leave during maternity leave, but you can end your maternity leave early, giving at least 8 weeks’ notice to end your maternity leave early and agreeing your annual leave with your employer in the usual way. It is a good idea to talk to your employer early in your pregnancy to agree when you will be taking your annual leave so that you can both plan in advance.

The government advises that employers should allow up to 28 days of statutory leave for employees who cannot take all their annual leave in the leave year due to absence on maternity leave, shared parental leave, or other types of parental leave. If your employer offers more than the statutory minimum of 28 days annual leave, it is up to your employer how much of your contractual annual leave (over and above the statutory 28 days) you can carry forward.

If you are not well enough to return to work at the end of maternity leave, you are entitled to receive sick pay if you are not well enough to return to work. You should follow your employer’s normal sickness reporting procedures at the end of maternity leave. Statutory Sick Pay (SSP) is paid after four consecutive days of sickness absence to employees who have earnings of at least £123 per week (April 2024 – April 2025) in the previous 8 weeks.

You are not entitled to SSP for any period of sickness that began during the 39 week SMP period (or 18 weeks if you were not entitled to SMP). If your period of sickness begins after the end of the 39 or 18 week SMP period, you may qualify for SSP if your earnings were high enough. If you claim SSP after the end of your 39 week Statutory Maternity Pay period, SMP counts as earnings. Maternity Allowance does not count as earnings.

If you do not qualify for SSP, your employer should give you form SSP1. If you do not qualify for SSP, you should get advice from your local Jobcentre Plus or Citizens’ Advice Bureau.

Once your maternity leave has ended, you are treated as if you are “back at work”, even if you are not well enough to actually go into work. You are entitled to take sick leave and should be treated in the same way as any other employee who is off sick.

You are protected against pregnancy/maternity discrimination throughout pregnancy until the end of your maternity leave period (up to 52 weeks or until you return to work, if earlier). For pregnancy/maternity discrimination, you need to show that you were treated unfavorably because of your pregnancy, pregnancy-related illness, or absence on maternity leave. You can also claim pregnancy/maternity discrimination where a decision was taken during your protected period even where it was implemented after the end of your maternity leave.

Can you earn money while on maternity leave?

Legally, you can earn income through self-employment while receiving Statutory Maternity Pay from an employer, but you must check if your workplace employment contract permits this. Sophie Baldwin, a 32-year-old freelance social media manager and digital marketing consultant, continued to work while on maternity leave, feeding her newborn, changing nappies, and entertaining a crying baby on calls.

Can you work while you are on maternity leave?

Maternity leave allows employees to choose to work on “keeping in touch days”, which include attending training or meetings. These days should be used and paid at least the minimum wage, depending on the contract. Employees still have their usual work rights, including the possibility of receiving maternity pay or Maternity Allowance, which is usually less than their normal pay. Additionally, employees have the right to any pay review they would normally have, such as a pay review every March.

How much maternity pay will I get?

Statutory Maternity Pay (SMP) is a paid leave program for pregnant women, covering a maximum of 39 weeks. The first six weeks are paid at 90% of the woman’s average gross weekly earnings, with no upper limit. The employer calculates the woman’s earnings over a set period to determine if she qualifies for SMP and determines the amount to be paid. The remaining 33 weeks are paid at either the standard rate of £184. 03 or 90% of the woman’s average gross weekly earnings. The program is designed to help mothers and fathers balance their responsibilities and financial stability.