What The Law Says About Maternity Leave?

Maternity leave laws in the US are governed by federal and state laws, including the Family and Medical Leave Act (FMLA), which requires employers to allow new mothers to take up to 12 weeks of unpaid leave for birth. The FMLA mandates that companies with 50 or more employees must provide up to twelve weeks of unpaid leave to new mothers, providing protection for those recovering from childbirth or adoption.

In the Netherlands, pregnant employees are entitled to six weeks pregnancy leave before the due date and at least 10 weeks maternity leave after childbirth. Paid parental leave is also available for parents with an employment contract, with the first six weeks being called pregnancy leave and the remaining 10 weeks being called maternity leave.

The new regulation guarantees all parents at least nine weeks of paid parental leave, with the government paying 70 percent of the parent’s wages. A birth mother is entitled to a total of 16 weeks of pregnancy leave and maternity leave, with any untaken pregnancy leave added to the maternity leave.

In the Netherlands, pregnant employees are entitled to six weeks pregnancy leave and at least ten weeks maternity leave. Employees can apply for maternity pay, adoption or foster care pay, paid parental leave, and/or additional partner’s leave. However, it is mandatory to take leave by week 36 (four weeks before birth) in all cases.

In the case of multiple births, the mother’s leave extends to 20 weeks. In summary, maternity leave laws in the US and the Netherlands are governed by various federal and state laws, with some exceptions for certain circumstances.

How do you process parental leave?

To claim Parental Leave Pay, you must discuss your leave with your employer at least 10 weeks before your child’s expected birth or adoption date. Negotiate your leave and inform them if you want to claim Parental Leave Pay. Your employer must register with myGov and read the Parental Leave Pay information for employers. After submitting your claim online, you will receive a receipt with the claim ID number, estimated completion date, and a link to track its progress.

When to inform employer of pregnancy in the Netherlands?

To inform your employer of your pregnancy at least 3 weeks before maternity leave, it is recommended to do so earlier. A maternity certificate (zwangerschapsverklaring) from your doctor or midwife is required to prove pregnancy, which should be kept for at least 1 year after maternity leave ends. The certificate will be used when applying for maternity pay on your behalf, and your due date is also included.

Can I calculate 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.

How long is paid parental leave in the Netherlands?

Statutory leave is a type of leave that employees can take, such as holidays or parental leave. It is regulated by the Uitvoeringsinstituut Werknemersverzekeringen (UWV) and is paid for if taken within one year of birth. Other types of leave, called bijzonder (special) leave, are specified in collective labour agreements (CAO) or employment contracts and are regulated by the employer. The Wet arbeid en zorg (Work and Care Act) regulates leave arrangements, while your CAO or employment contract may contain arrangements that supplement or deviate from statutory leave.

Examples of statutory leave include pregnancy leave, geboorteverlof (paternity/partner leave), ouderschapsverlof (parental leave), adoptieverlof or pleegzorgverlof (adoption leave or foster care leave), zorgverlof (care leave), and calamiteitenverlof en kort verzuimverlof (emergency leave and short-term absence leave).

How to apply for parental leave in the Netherlands?

To apply for ouderschapsverlof, you must request parental leave from your employer in writing at least two months in advance, specifying the number of hours, working days, and start and end dates. If your company will be seriously affected by your leave application, your employer can amend it in consultation with you, no later than four weeks before the start of your leave. The application is in Dutch and covers the terms of employment and health insurance.

When should I inform my employer of pregnancy in the Netherlands?

To inform your employer of your pregnancy at least 3 weeks before maternity leave, it is recommended to do so earlier. A maternity certificate (zwangerschapsverklaring) from your doctor or midwife is required to prove pregnancy, which should be kept for at least 1 year after maternity leave ends. The certificate will be used when applying for maternity pay on your behalf, and your due date is also included.

How long before due date should I take maternity leave?

Maternity leave may commence on any day from 11 weeks prior to the estimated date of delivery, except in instances where the employee is absent from work due to a pregnancy-related illness, in which case the leave may begin four weeks prior to the estimated date of delivery, commencing on an earlier date than the chosen commencement date.

What are the maternity laws in the Netherlands?

In Dutch, pregnant employees are entitled to a minimum of 16 weeks of leave, including 6 weeks before the due date and 10 weeks after childbirth. This leaves them with a total of 16 weeks of leave. If the baby is born before the pregnancy leave, the total of 16 weeks starts from the day after the birth. Maternity leave can be longer than 10 weeks, and if an employee takes less than 6 weeks of pregnancy leave before the birth, they can add the remaining amount to their maternity leave after the birth.

What is the leave policy in the Netherlands?

In the Netherlands, employees are entitled to a minimum of 20 days of annual leave, with most being entitled to 25 days. These leave days are in addition to public holidays and can be taken together or split into installments. Employees should inform their employer of their leave days in advance, and the employer can reject requests if there are compelling reasons. Statutory annual leave typically expires six months into the following year, and non-statutory holidays (bevenwettelijke vakantiedagen) usually expire in five years.

During annual leave, employees receive regular wages and a holiday allowance of 8 of their annual gross salary. Employers cannot replace the minimum statutory leave with payment unless the contract is ending.

What is the expanded maternity leave law?

Extended Maternity Leave is a 30-day additional maternity leave, either without pay or with pay charged against sick or vacation leave credits, that a female employee may utilize in the event of live childbirth to extend the 150-day extended maternity leave.

Can you be redundant if you return from maternity leave?

Employers can make employees redundant when they return to work after maternity leave, provided there is a genuine redundancy situation that is not caused by the employee’s maternity leave. If the employee is made redundant during maternity leave, they must be given the first option on any suitable alternative work and must be considered before any other redundant employee. If the employee discovers their job was made redundant during maternity leave, they should remind the employer of their legal right to be offered any suitable alternative vacancy. If the employee can prove that there is no genuine redundancy situation and the employee was made redundant due to maternity leave, they should appeal and consider bringing a grievance.