Maternity Benefit During Maternity Leave in Rijswijk
The maternity leave benefit provides working women in Rijswijk and surrounding areas with essential financial support during their maternity leave. This scheme compensates for income loss while expectant mothers focus on preparing for childbirth and recovery afterward. For employees, it typically covers 100% of the daily wage, paid by the employer. Self-employed individuals in Rijswijk have specific options, such as voluntary insurance. In this article, we explore the rules, rights, and tips, with a link to our overview on maternity leave. For personalized advice in Rijswijk, contact the Legal Aid Office in Rijswijk.
What is the maternity leave benefit?
This benefit acts as wage replacement to financially secure pregnant employees in Rijswijk. The leave generally lasts 16 weeks: 6 weeks before childbirth and 10 weeks after. During this period, employees are entitled to continued wage payment or an equivalent benefit. Employees in Rijswijk receive this through their employer, who can reclaim the costs from the UWV. Self-employed individuals in the area have a separate arrangement; without voluntary UWV insurance, standard coverage is unavailable.
The calculation is based on the daily wage from the previous year, providing a personalized and fair benefit. This aligns with broader social provisions, such as unemployment insurance or sickness benefits, and is relevant for Rijswijk employees who may also apply for local allowances through the Municipality of Rijswijk.
Legal Framework
The maternity leave benefit is outlined in the Work and Care Act (WAZO), specifically Title 5, Chapter 1. Article 4:1 of the WAZO guarantees at least 16 weeks of leave for employees. Funding is covered under the Social Insurance Financing Act (Wfsv), administered by the UWV.
Employers in Rijswijk must continue paying 100% of the wage during leave (Article 7:658 of the Dutch Civil Code, linked to the WAZO) and can claim reimbursement from the UWV under 'additional funding for maternity and childbirth benefits'. Self-employed individuals can opt for voluntary insurance under Article 40 of the Self-Employed Persons' Disability Insurance Act 2006 (WAO-Z). The Dutch Civil Code (BW) Book 7 governs wage payments, and in disputes over the benefit, you can file an objection through the General Administrative Law Act (Awb) with the UWV. For legal proceedings in Rijswijk, the Rijswijk District Court has jurisdiction.
Practical Examples from Rijswijk
Take Maria, a marketing employee at a Rijswijk-based firm with a gross monthly salary of €3,000. She starts her leave six weeks before her due date. Her employer continues paying €3,000 per month, after deductions, and handles the UWV reimbursement. After childbirth, she receives 10 weeks of benefits, resulting in four months of full income security.
Lisa, a self-employed graphic designer from Rijswijk, has opted for voluntary UWV insurance. She receives up to €58.23 per day (2023 rate, based on her insured income). Without this policy, she would rely on her own savings or municipal allowances through the Municipality of Rijswijk.
In a dispute: Employer Tom in Rijswijk refuses payment because the leave was not reported in writing. The law requires timely notification, but if it's lacking, the UWV can intervene with sanctions. Rijswijk employees can seek advice from the Legal Aid Office in Rijswijk.
Rights and Obligations
Rights of the employee in Rijswijk:
- 100% wage continuation throughout the leave.
- Protection against dismissal during pregnancy and leave (Article 7:670 of the Dutch Civil Code).
- Flexibility to adjust leave in case of premature birth (up to 16 weeks post-delivery).
- Additional support such as maternity care reimbursement through health insurance, plus local advice from the Legal Aid Office in Rijswijk.
Obligations of the employee:
- Submit a written leave request to the employer at least 2 months in advance.
- Provide the expected due date, preferably with medical confirmation.
- Cooperate with administrative procedures involving the employer.
- Return to the original position after leave, unless otherwise agreed.
Rights and obligations of the employer: Continued payment is mandatory, with the option to reclaim from the UWV. Non-compliance can lead to fines or repayments. In Rijswijk, you can contact the Municipality of Rijswijk for support.
Comparison: Employees versus Self-Employed in Rijswijk
| Aspect | Employees | Self-Employed |
|---|---|---|
| Benefit Amount | 100% daily wage (up to UWV maximum) | Up to €58.23/day (2023), based on insured income |
| Application | Via employer | Voluntary with UWV, in advance |
| Duration | 16 weeks standard | Same, but only if insured |
| Protection | Protection against dismissal | No basic protection; local advice via Legal Aid Office |
Frequently Asked Questions for Rijswijk
Do I need to apply for the maternity leave benefit myself?
No, as an employee in Rijswijk, your employer handles the wage continuation. Self-employed individuals must arrange voluntary insurance with the UWV before pregnancy. If unsure, contact the Legal Aid Office in Rijswijk for free advice or your employer for details.