Whilst On Maternity Leave, Are You Still Considered Employed?

Employees must have worked for their employer for at least 12 months in full-time, part-time, or casual employment. To be eligible to take leave under the FMLA, an employee must work for a covered employer, have worked 1,250 hours during the 12 months prior to the start of leave, and work at a location where they can receive maternity leave.

Maternity leave is a separate entitlement for employees who have worked for their employer for at least 12 months and 1,250 hours during the previous year. If you work for a company with a paid family leave program, you are eligible for up to 14 weeks of parental leave.

The FMLA does not require employers to pay employees during maternity leave. Instead, it only requires that your job be available when you return and that your benefits continue. During parental leave, you are not legally required to pay their salary. However, working during maternity or other statutory family leave will stop your statutory pay.

If you are pregnant and receiving an unemployment, sickness, or salary-linked WGA benefit, you qualify for paid maternity leave. Employees can choose to take some unpaid time off, and their employment contract will still be active while on maternity leave.

The first 26 weeks of maternity leave are called “ordinary maternity leave”. Employees have the right to return to the same job after ordinary maternity leave. Public holidays and annual leave are also allowed during maternity leave.

During maternity leave, you remain employed by your existing employer and are bound by any terms of your contract. For instance, you must give the necessary notice to your employer when requesting time off.

Is maternity leave paid in the Netherlands?

New mothers in the Netherlands are entitled to maternity pay of their full salary up to €264, 57 per day for a 40-hour week, with the employer applying for it two weeks before the start of maternity leave. Holiday allowances continue to build up during maternity leave, and employees should not use up their holidays for this leave.

Paternity leave is also available to new parents within the first four weeks after the child’s birth, with the employee receiving their full salary. If the employee decides to extend paternity leave, they can do so for up to five weeks, unpaid and taken within the first six months of the child’s birth. New dads can claim up to 70% of their salary from the Employment Insurance Agency (UWV) during extended leave.

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.

What do you get free when pregnant?

It is the right of all individuals to receive free prescriptions and dental care from the National Health Service (NHS) during pregnancy and for a period of 12 months following the birth of a child. Additionally, the child is eligible to receive complimentary prescriptions and dental care until reaching the age of 16. For further assistance, please refer to the NHS website or contact your local health department. Furthermore, the coverage extends to check-ups and treatment for both parents and children.

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.

Do you have to declare maternity leave?

In order to qualify for remuneration during maternity leave, an employee is obliged to notify their employer of their pregnancy no later than the 15th week prior to the expected date of childbirth. This entails disclosing pertinent information regarding the pregnancy, including the estimated date of delivery and the intended commencement of maternity leave. It is advisable to transmit this information via email or letter, as your employer may require written documentation.

How long after maternity leave can I resign?

If you don’t want to return to work, consider timing your resignation and notice period with the end of your leave period. For example, if you have a 4 week notice period, you can give notice 4 weeks before the end of maternity or shared parental leave. You may still be entitled to Statutory Maternity Pay (SMP) if you are employed in the 15th week before the baby’s due week. If your job ends before this week, you won’t be entitled to SMP, but you may be entitled to Maternity Allowance. If you resign during maternity leave and during the 39-week pay period, you can be paid any remaining SMP or Maternity Allowance.

Who pays my maternity pay?

Your employer pays your SMP, which is the same as your salary, and deducts any tax and National Insurance contributions. You can claim your SMP back from HM Revenue and Customs (HMRC). SMP can be obtained even if you don’t plan to return to work or end your job after the 15th week before your baby is due. Occupational maternity pay, provided by your employer, can top up your SMP to full or half pay for a few weeks. For more information, refer to the section on Occupational Maternity Pay.

Can I resign with immediate effect due to stress?

Unknowingly resigning with immediate effect can result in a loss of notice payments and breach of contract, potentially leading to a claim against the employee. It is crucial to ensure that you are providing the appropriate notice under your employment contract. Giving the employer the “heads up” about your intention to resign on a future date is generally not a good idea, as it may lead to the employee leaving earlier than intended and may not be treated the same way as before.

It is essential to be cautious during the resignation process and to ensure a smooth transition into your new job. It is essential to communicate your intentions clearly and avoid giving the employer the “heads up” that you are leaving. A careful dialogue during the resignation process is essential to avoid any potential legal issues.

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 I resign on a non-working day?

It is recommended that resignations be submitted on working days to ensure that employers receive and acknowledge them in a timely manner.