Everything you need to know about the rights of parents to be in accordance with Dutch law.

Having a new baby is hard enough as it is, but having a new baby in a foreign country can make things even more complicated. Luckily in the Netherlands, the Work and Care act came into effect in 2001 to protect the health and safety of pregnant women, and to make sure that parents have an effective balance between work and family. So

what can parents expect in this country?

During pregnancy

There are several rights that women are entitled to while they are pregnant, designed to protect them from discrimination in the work place. Female workers must inform their employers when they plan to take their maternity leave at least three weeks in advance, and provide a letter (zwangerschapsverklaring) from the doctor or midwife which states their due date. Some rights include the following:
•    Women applying for a job are not obliged to inform their prospective employers that they are pregnant.
•    Women cannot be refused a job because of their pregnancy.
•    Women cannot be fired during their pregnancy or within three months of giving birth.
•    If their contract ends during the time of pregnancy leave, they are entitled to unemployment and sickness benefits.
•    At the work place, employers are obliged to ensure a safe working environment for pregnant women. For example these women are exempt from potentially dangerous work situations. Also employers should provide some time and a safe place to rest during working hours.
•    There should be no obligation on pregnant women to work overtime or on night shifts.

Childbirth and parental leave

•    New mothers are entitled to 16 weeks paid leave in the Netherlands. During this time, they are entitled to 100% of their earnings paid out by their employers or the Uitvoeringsinstituut Werknemers Verzekeringen (UWV). Pregnant women may leave on pregnancy leave (zwangerschapsverlof) between four to six weeks before their due dates. After the birth, women are entitled to ten weeks of childbirth leave (bevallingsverlof), even if the child is born later than expected.
•    In the case that the pregnant woman has to stop work early due to medical complications related to the pregnancy, they are entitled to 100 percent of their normal earnings for the period of time. If a woman cannot return to work after giving birth for medical reasons related to the birth, she can receive 100 percent of her salary up to a year.
•    During the term of pregnancy/child birth leave, the employee cannot be fired from her job.
•    A father is allowed to attend the birth of his child, and has an additional two free days to be taken anytime in the next four weeks. They are also allowed time off to register the birth of their child at the city hall.
•    Both parents are entitled to a period of unpaid parental leave (ouderschapsverlof) from six months of the child’s life until he/she is eight. The details on how long and possible payment during this time (up to 75 percent) is up to the discretion of the employer, and also depends on how long the employee has worked for the company. By the same token, it is also possible for mothers to decrease their working hours by taking “ouderschapsverlof”.
•    Employees are also entitled to four consecutive weeks leave for the adoption of a child, which is not paid. One can take this leave a maximum of two weeks before the arrival of the adoptive child. This leave can also be spread over a maximum of eighteen weeks.
•    Once women return to the work place, they are allowed to devote a quarter of their working hours to feed their baby, or to express breast milk. The employer must provide suitable facilities for this.

Sickness

Employees are allowed to take an equivalent of 15 days per calendar year to take care of their sick children, partners or parent. During this time they will receive 70 percent of their normal salary. Parents are also allowed to take one day leave for unexpected, unavoidable circumstances like a child suddenly falling sick, and this is called the “calamiteitenverlof”.

Flexible working hours

An unofficial arrangement can be made between the employer and employee to reduce working hours, or to work flexible hours to accommodate for children. For example, an employee can work for four times nine hour days to fulfil his obligations for a 36 hour work week. It is also possible to reduce the number of working hours per week, either as “ouderschapsverlof”, or the work contract can be changed to a reduced number of working hours if necessary.

Fincancial benefits

To defer the costs of raising a child, every family is entitled to a sum of money from the government for each child below the age of 18.  This amount is paid on a quarterly basis and is based on the number of children, and their respective ages. The amount ranges from EUR 195 to EUR 280 paid out to a bank account every three months.

Day care in The Netherlands is a costly business in this country. Some day cares are subsidized by the municipalities, while others are provided by the employer. The cost of private day care can be defrayed by the Tax Agency (Belastingdienst), where a family gets back a percentage of the cost every month.  In order to get the subsidy, the facility or host parent should be officially registered with the government. Fortunately most day cares are heavily regulated in terms of cleanliness, safety, insurance and the number of children per care-giver. Nannies and au pairs are not subsidized by the government.

It should be noted that while the above is a general list of rights for parents, each company or work place has their own detailed rules. Therefore one would be advised to meet with their HR department to ascertain specific rights and regulations.

Useful websites

Sociale verzekeringbank – www.svb.nl/int/en/
Uitvoeringsinstituut Werknemers Verzekeringen (UWV) – www.uwv.nl/index.aspx
Stichting Kinderopvang Nederland – www.skon.nl/
Ministerie van Sociale Zaken en Werkgelegenheid – http://home.szw.nl/
Belastingdienst – www.toeslagen.nl/

Sheba Agarwal-Jans