Prenatal Leave in Leiden: Rules and Rights
Prenatal leave provides pregnant employees in Leiden with up to 6 weeks of rest just before childbirth. It falls under maternity leave, protects mother and child, and prevents discrimination or dismissal. Live in Leiden? Check local support at Het Juridisch Loket Leiden.
What does prenatal leave entail for employees in Leiden?
Prenatal leave starts no more than 6 weeks before the due date and allows time for rest, check-ups with a midwife in Leiden, and preparation. The last 4 weeks are mandatory, the first 2 optional. Many women in Leiden take the full period due to increasing fatigue. It ends at childbirth, followed by postnatal maternity leave.
Legal rules for prenatal leave
The right to this leave is set out in the Work and Care Act (WAZO), Articles 4:1 to 4:5. Every pregnant employee in Leiden is entitled to it, regardless of length of service. Dismissal protection applies from week 20 (Article 7:17(2) BW). The District Court of Leiden handles disputes.
The Exceptional Work and Care Act (UAZO) governs benefits. The employer pays 100% salary during prenatal leave; UWV takes over after birth.
Duration and start of prenatal leave in Leiden
Standard 6 weeks:
- 2 weeks optional: from 6 weeks before birth.
- 4 weeks mandatory: immediately before.
The start date is based on the midwife's advice. In case of premature birth, the remainder shifts to postnatal maternity leave.
Comparison of prenatal and postnatal maternity leave
| Aspect | Prenatal Leave | Postnatal Maternity Leave |
|---|---|---|
| Duration | 6 weeks (4 mandatory + 2 optional) | 10 weeks |
| Start | 6 weeks before expected birth | Day after birth |
| Salary continuation | Employer (full salary) | UWV benefit (70% salary, max daily wage) |
| Mandatory? | Last 4 weeks yes | Fully yes |
More on duration of maternity leave or postnatal maternity leave.
Rights and obligations during prenatal leave
Rights:
- No dismissal without UWV permission; enforceable via District Court of Leiden.
- 100% salary from employer.
- Safe workplace (Working Conditions Act Article 4:8).
- Earlier start in case of medical necessity.
Obligations:
- Notify in writing 8 weeks in advance with medical confirmation.
- Apply for UWV benefit (after birth).
- Update employer on any date changes.
Practical examples from Leiden
Example 1: Marie from Leiden, working at the university, is due around July 1. She notifies on May 3; leave from May 20. Employer pays until birth.
Example 2: Lisa's baby arrives early on June 25. Remaining optional leave counts toward postnatal maternity leave (11 weeks).
Example 3: Self-employed workers in Leiden have no statutory leave, but voluntary UWV benefit if insured for 26 weeks.
Frequently asked questions about prenatal leave in Leiden
Can I postpone prenatal leave?
No, it starts 6 weeks before the due date. Remainder shifts to postnatal leave in case of early birth. Earlier with medical certificate.
Employer not paying salary?
Obligation is 100%. Report to UWV, union, or District Court of Leiden for enforcement.
Does this apply to adoption?
No, only biological mothers. Adoption leave is separate (see adoption leave).
Also for part-timers in Leiden?
Yes, pro rata salary.
Tips for employees in Leiden
Avoid issues:
- Notify early using UWV template letter.
- Keep midwife's certificate.
- Discuss flexible hours with HR.
- Unsure? Visit Het Juridisch Loket Leiden for free advice or check employment law.
- Partner: birth leave (5 days + 5 weeks).
Make a contingency plan with your employer for premature birth, possibly via Municipality of Leiden for additional information.