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This is how it is with leave, illness and dismissal during your pregnancy

May 06, 2021

Are you pregnant? Congratulations! There is undoubtedly a lot coming your way during this period: from doctor visits to physical discomfort, from childcare matters to nursery management. And then there are any work worries. That is why our experts have listed some useful information for you. Because exactly how long is your leave? What if you get sick and can you actually be fired?

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Leave of absence

If you are pregnant, you are legally entitled to sixteen weeks of pregnancy and maternity leave. This starts six to four weeks before the due date - you determine exactly when - and will last at least ten weeks after your delivery. Your employment contract or collective labor agreement may state that you will be given longer leave. During your leave, your salary will continue to be paid in full: you will receive this from the UWV or your employer.

Sick ...

… During your pregnancy

Do you get sick during your pregnancy, but before your leave? Then you simply report sick to your employer and you will continue to be paid your salary. If your illness is caused by your pregnancy, your employer can apply for sickness benefit for you at the UWV.

More information? Check the website of the UWV.

… During (or just before) your leave

If you become ill during your pregnancy or maternity leave, your leave will continue as usual. The same goes for your maternity benefit. Do you become ill within six weeks before your due date, but your maternity leave has not yet started? Then the leave starts immediately - even if your illness has nothing to do with your pregnancy. If you are not yet able to work after your maternity leave because of your pregnancy or delivery, you must report sick to your employer. He can then apply for sickness benefit for you at the UWV.

Knowing more? On the website of the UWV you will find extensive information.

… During your unemployment benefit or WIA benefit

Are you pregnant and do you become ill while receiving unemployment benefits or WIA benefits? Then you report sick to the UWV. On the website of the UWV you can read more about illness before your maternity leave while you are receiving benefits.

Dismissal during your pregnancy ...

During your pregnancy you have so-called protection against dismissal: you cannot be fired because you are pregnant. Below you can read what that means in different situations.

… In your probationary period

During your probationary period, your employer may terminate the employment contract without giving any reason. You can do this too. Your employer must state the reason for the termination if you request it. In any case, your dismissal must have nothing to do with your pregnancy. Is that the case, or do you have a suspicion that this is the case? Then contact our legal specialists for further advice.

… With a fixed-term contract

Your employer cannot fire you. He can let your contract expire, even if the end date is during your pregnancy. This is not allowed if your pregnancy is the reason that he does not renew your contract. Is this the case, or do you suspect that this is the case? Then contact our legal specialists.

… With a contract for an indefinite period

Your employer may not fire you during your pregnancy, your maternity leave or in the six weeks after your maternity leave. Only instant dismissal is permitted. Your employer must have a valid reason for this, which has nothing to do with your pregnancy and the prohibition of termination: for example, that you have stolen something.

… With a temporary employment contract

Your temporary employment contract may also not be terminated because you are pregnant. But in some cases, for example, because the work stops while you are pregnant. What exactly is and is not allowed depends on the phase of the agency work employment contract you are in and whether you have an agency clause. Discuss your situation? Contact our legal specialists!

Find out more about your rights during or after your pregnancy

Do you have any questions about leave, illness or dismissal during your pregnancy? Or is your employer not complying with the rules, for example by threatening to dismiss it? Contact our legal experts! Our Service Center is available every working day from 8.00 a.m. to 18.00 p.m. via sc@unie.nl and 0345 851 963.

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