Can You Lose Your Job While On Maternity Leave?

Employees can be fired while on maternity leave, but it is illegal to do so. Employers cannot fire an employee for taking FMLA leave, as it would be retaliation and constitutes workplace discrimination. However, they can lay off or fire employees during their maternity leave or while on family or medical leave. If an employee needs to be fired on the first day back from maternity leave or while on paternal leave, it might be worth consulting an attorney or human resources representative.

If an employee is informed a layoff is happening or suspects one is imminent, it matters whether they were replaced or their maternity leave is being terminated. An employment lawyer suggests that if an employee is fired after getting pregnant or taking maternity leave, they might be the victim of workplace discrimination. If an employee’s job was “eliminated” or made redundant while on maternity leave or disability leave, the question of whether the employer’s termination was non-discriminatory is the main concern.

Employers have the right to terminate an employee on maternity leave for any non-discriminatory reason, such as corporate restructuring. They cannot fire an employee because they are pregnant or force them to take mandatory maternity leave. Employees must be granted the same health, disability, and sick-leave benefits as those who were wrongfully fired before beginning maternity leave.

It is not necessarily unlawful to dismiss an employee while they are on maternity, paternity, adoption, or shared parental leave. However, the dismissal must be justified. A pregnant employee has protection against several other reasons for dismissal, and terminating an employee solely due to their maternity leave status constitutes discrimination and is illegal. Organizations should prioritize the rights of pregnant employees and ensure that they are not fired during their maternity leave.

Can you get fired in the Netherlands?

Dutch legislation affords employees considerable job security, enabling the unilateral termination of employment contracts on the basis of applicable statutory grounds, subject to the fulfilment of stipulated conditions and adherence to the requisite formalities.

What happens if your contract ends while on maternity leave?

In the event that a contract is due to expire during a period of maternity leave, the employer is not obliged to renew it. It is unlawful for an employer to decline to renew a contract on the grounds of sex, pregnancy, or maternity. In the event that the aforementioned conditions are not met, the employee is entitled to request a written explanation from the employer or to file a grievance if the decision is deemed unfair. In the event of a stillbirth or the death of the infant, the mother is entitled to receive maternity leave and pay.

Can I be made redundant while pregnant in the Netherlands?

Employees in the Netherlands are protected from dismissal during pregnancy or maternity leave, and can only be dismissed after 6 weeks of return from work under exceptional circumstances. Pregnant and breastfeeding employees are entitled to extra benefits, including a safe working environment and concessions for health maintenance. They can use a portion of their working time to breastfeed their child for up to 9 months after birth.

Partners in the Netherlands are entitled to paid leave after childbirth, 5 days of fully paid paternity leave for the next 4 weeks, and an extra 3 days of unpaid paternity leave, which the employer cannot refuse.

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 be fired while pregnant in the Netherlands?

In the Netherlands, employers cannot dismiss employees due to pregnancy or during maternity leave or the first six weeks of work following maternity leave. If a temporary employment clause is present, the contract will end, but wages will not be received. From the contract’s end, maternity leave and benefits will be handled by the administrative authority UWV.

In the Netherlands, everyone must work healthily and safely. If an employee believes they are not working healthily and safely, they can report it to the Netherlands Labour Authority, which checks if businesses comply with the law. To report, call the Inspectorate on 0800-5151 or provide information online.

To be dismissed, an employer must have a valid reason for dismissing an employee. This can be discussed in a performance interview, followed by a mutual agreement on the time to improve work. If the employee’s work does not improve after this period, it can be a valid reason for dismissal, known as “disfunctioneren”, and the contract will be dissolved by the court.

Can an employer refuse parental leave in the Netherlands?

In the Netherlands, employees with children aged up to 8 can take parental leave, which can be up to 26 times their weekly work hours. Parents receive a benefit from the Employee Insurance Agency (Uitvoeringsinstituut Werknemersverzekeringen, UWV), which amounts to 70 of the daily wage. Employees must take paid leave in the child’s first year and are allowed to take it as soon as they start working for the company.

Adoption leave and foster leave are also available to employees who have adopted a child or taken in a foster child. They have the right to an adoption allowance or foster care benefit, and must apply for it at least three weeks in advance. This leave can be taken over a longer period, but the company can’t refuse it unless serious problems arise.

Short-term and long-term care leave can be granted to employees who provide essential care to someone in need. This leave can be granted if the employee is the only person responsible for the person at the time.

What is classed as maternity discrimination?

Pregnancy and maternity discrimination refers to the unfair treatment of individuals due to pregnancy or being pregnant. It can also occur within six months of giving birth or breastfeeding. To take legal action against such discrimination, individuals must check if the Equality Act 2010 covers the situation. This law prevents businesses and service providers from discriminating against individuals, including those who are pregnant or were pregnant.

Can you dismiss a pregnant employee?

It is imperative that any dismissal due to pregnancy or maternity be duly documented in writing, as it is not a valid reason to dismiss an employee. Agency workers are entitled to different rights with regard to pregnancy and maternity leave. In the event that surrogates are legally classified as employees, they are entitled to the same rights with regard to maternity leave and pay as other pregnant employees.

Can they make you redundant while on maternity leave?

If there are no suitable alternative vacancies, you can be made redundant during pregnancy, maternity, or shared parental leave if there is a genuine redundancy situation and a fair selection process. You have the right to redundancy pay and notice pay, and may still be entitled to maternity, adoption, or shared parental pay. If you believe you have been selected for redundancy due to these circumstances or there are suitable alternative vacancies and you have not been offered one during the redundancy protection period, you have the same rights.

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.

What are my maternity rights?

In accordance with the pertinent legislation, an employee is entitled to a minimum of 52 weeks of maternity leave, commencing on the first day of employment. It is mandatory for employees to take a minimum of two weeks of leave following the birth of their child. The specific duration of this leave is at the discretion of the employee. The same amount of leave and remuneration are provided regardless of the number of infants born, including twins. In the event that maternity leave is taken, remuneration may be provided.