INTRODUCTION
Since April 29, 1999 pregnant female employees are, according to
article 1614ca of the Civil Code, entitled to a leave of work with
pay; the so-called maternity leave (pregnancy and maternity).
The purpose
of this maternity leave is: to protect and guarantee the safety,
the health and the well-being of the female employee and the (unborn)
child.
With this regulation
in the Civil Code the Netherlands Antilles has introduced a minimum
legal maternity leave for all female employees, irrespective of
the height of their income.
Furthermore,
the present regulation in the Sickness Insurance Ordinance supplements
the one in the Civil Code. If an employee is insured through the
S.V.B. 80% of the wage will be paid to the employer by the S.V.B.
during the leave.
DURATION OF THE LEAVE
The employees
are entitled to a full paid leave of a minimum of 4 and a maximum
of 6 weeks before the estimated delivery date ('pregnancy leave')
and to a minimal of 6 and a maximum of 8 weeks after the birth ('maternity
leave').
The moment the 'pregnancy leave' begins - the beginning of the leave
is to be chosen by the employee - one has to take into account how
many weeks it lays before the estimated delivery date (this date
must be ascertained by the doctor, obstetrician or specialist):
if this is 6 weeks than the employee is entitled to 6 weeks of 'maternity
leave', if it is 5 weeks than the employee is entitled to 7 weeks
of 'maternity leave' and in case of 4 weeks than she is entitled
to 8 weeks. The employee cannot take less than 4 weeks of 'pregnancy
leave', meaning that the ‘maternity leave’ has a duration
of not more than 8 weeks.
Too
early or too late childbirth:
If the actual
duration of the 'pregnancy leave' is less or more than the planned
leave, because the actual childbirth occurs before or after the
estimated delivery date, this will have influence on the duration
of the 'maternity leave'. This means that because of the actual
moment of the childbirth the final duration of the 'pregnancy leave'
and ‘maternity leave’ calculated together can be more
or less than 12 weeks.
EXAMPLE 1 (premature childbirth – less than
12 weeks leave)
• Estimated delivery date: 16th February
• Choice made by female employee for pregnancy leave four
weeks prior to estimated date: 19th January
• Actual date of birth: 8th February
• Entitled to eight weeks maternity leave from 8th February
until 5th April
Explanation:
the female employee has decided to take four weeks of pregnancy
leave (before childbirth), and in consequence the maximum eight
weeks of maternity leave (after birth). The actual childbirth takes
place one week early. The mother is entitled to eight weeks maternity
leave (after birth). In this case the week or days of pregnancy
leave that have not been used as such cannot be transferred to maternity
leave (after birth) since maternity leave cannot be longer than
eight weeks. As a result the total period in this example is eleven
weeks.
EXAMPLE 2 (premature childbirth and still 12 weeks leave)
• Estimated delivery date: 1st July
• Choice of female employee for pregnancy leave of five weeks
before: 27th May
• Actual date of birth: 24th June
• Entitled to eight weeks maternity leave from 24th June until
19th August
Explanation:
the female employee has decided to take five weeks of pregnancy
leave; in this case maternity leave will be seven weeks. However
the actual birth takes place one week early. The mother in this
case is entitled to eight weeks maternity leave because pregnancy
and maternity leave may have a total duration of a maximum of 12
weeks.
EXAMPLE 3 (late childbirth – more than 12 weeks leave)
• Estimated delivery date: 19th October
• Choice of female employee for pregnancy leave of six weeks
before: 7th September
• Actual date of birth: 27th October
• Entitled to six weeks maternity leave from 27th October
until 8th December
Explanation:
the female employee has decided for six weeks of pregnancy leave,
resulting in the minimum of six weeks of maternity leave. The actual
childbirth takes place one week later than the estimated date of
delivery. As a result the mother is still entitled to the minimum
period of six weeks maternity leave after childbirth, notwithstanding
the real period of pregnancy leave (of seven weeks). The total period
of combined leave comes to 13 weeks.
The minimal
duration of 'pregnancy leave' and ‘maternity leave’
prescribed by the law is compulsory law meaning that no deviation
at the expense of the female employee is allowed. The employer and
the employee can by mutual agreement agree upon longer periods.
DISMISSAL DURING MATERNITY LEAVE
The employer
cannot dismiss an employee who is on maternity
leave (see folder "employer and dismissal" and "employee
and dismissal").
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