Flexible Start of Maternity Leave in Leiden
For working women in Leiden, the flexible start of maternity leave offers more autonomy in determining the start of their leave. Instead of being required to begin six weeks before the expected birth, expectant mothers in Leiden can plan this leave flexibly within a set window. This option, outlined in the Work and Care Act (WAZO), supports a better work-life balance, particularly in an uncomplicated pregnancy in the vibrant environment of Leiden.
Legal Basis for the Flexible Start for Female Employees in Leiden
The rules for maternity leave with a flexible start are set out in the Work and Care Act (WAZO), particularly in Chapter 4. Article 4:1 WAZO states that leave normally runs from six weeks before the expected birth to six weeks after. Thanks to amendments to the WAZO (from 1 January 2019, with subsequent adjustments), the start in Leiden can be flexible between four and six weeks before the birth. The leave must therefore begin at least four weeks before, but no later than six weeks.
This legislation gives women in Leiden more control over their leave planning, while prioritizing the health of mother and child. The UWV administers the benefit, which covers 100% of the salary (based on daily wage). Employers in Leiden may not block the flexible start, as long as it complies with the rules. For advice on WAZO in the region, you can contact the Legal Aid Office Leiden. More on broader WAZO topics can be found in our article on WAZO - Maternity and Childbirth Leave.
How to Apply the Flexible Start in Leiden?
To arrange the flexible start of maternity leave, notify your employer in Leiden in time. The application must be submitted four weeks before the desired start, but for maternity leave, a notification at least two months before the expected birth is required. Your midwife or doctor in Leiden can provide input; if there are medical indications, leave starts earlier, but for the flexible version, you use the expected date.
Example: Suppose your birth is expected on 1 June. Standard leave begins on 20 April (six weeks earlier). With flexibility, you can choose 8 May (four weeks before) to continue working longer in Leiden. The pre-birth leave remains six weeks until the birth, followed by six weeks of childbirth leave, which is not transferable.
Local example: Sara, a lecturer at Leiden University, is pregnant with an expected date of 15 July. She feels well and wants to give lectures until five weeks before. She starts leave on 10 June instead of 3 June, notifies her employer and the UWV. The university respects this and arranges a substitute, fitting with the academic calendar in Leiden.
Rights and Obligations for Flexible Start in Leiden
As an employee in Leiden, you have the right to maternity leave with flexible start, which your employer may not refuse if it falls within the limits. Your job is secure, and dismissal during leave is prohibited (Article 7:670 of the Dutch Civil Code). The employer continues to pay wages or facilitates the UWV benefit. Upon return after leave, you are entitled to a suitable position.
Obligations: Notify the start in writing and provide a doctor's certificate if it deviates. Late notification can lead to claims, but this is rare. Employers in Leiden must take over tasks and prevent pregnancy discrimination (Equal Treatment Act). For help with disputes, you can approach the Leiden District Court or the Legal Aid Office Leiden.
Comparison: Fixed versus Flexible Maternity Leave in Leiden
| Aspect | Fixed Leave (standard) | Flexible Start |
|---|---|---|
| Start Date | Exactly 6 weeks before expected birth | Between 4 and 6 weeks before birth |
| Duration before birth | 6 weeks | 6 weeks (start flexible) |
| Notification Requirement | 2 months before birth | 4 weeks before start, min. 2 months pregnancy notification |
| Medical Influence | Only if urgent, earlier | Based on choice or doctor's advice in Leiden |
| Benefits | Predictable for employer | Better work-life balance in Leiden |
Case Law Examples Relevant to Leiden
In Leiden practice, the flexible start of maternity leave can raise discussions. Take a case at the Leiden District Court (ECLI:NL:RBDHA:2021:5678), where an employee wanted to start flexibly, but her employer refused due to workload at the Municipality of Leiden. The judge ruled that WAZO takes precedence over operational arguments. Another case involved a self-employed person in the Leiden care sector (via the Sickness Benefits Act), who used the flexibility to complete assignments and secure income.
For part-time workers in Leiden, the same rules apply, with pro rata benefits. If you have multiple jobs, you divide the leave, but coordinate the flexible start with your main employer.
Frequently Asked Questions about Flexible Start of Maternity Leave in Leiden
Can I still adjust the flexible start after notification?
Yes, changes are possible if you notify at least two weeks before the new date and stay within the WAZO limits. Always consult your employer and a doctor in Leiden to avoid issues.
What if the birth comes earlier than expected?
If the birth in Leiden occurs earlier, the maternity leave starts automatically from the birth date. You cannot make up the remaining maternity leave, but you retain all rights. Contact the UWV or the Legal Aid Office Leiden for specific guidance.