Flexible Start of Maternity Leave in Rijswijk
For working women in Rijswijk, the flexible start of maternity leave provides greater autonomy in choosing the start date. Instead of being required to begin six weeks before the expected delivery, you can adjust this leave within a defined window. This option, outlined in the Work and Care Act (WAZO), promotes a better work-life balance, for example, for mothers in Rijswijk employed at local organizations such as the municipality or educational institutions. It is particularly beneficial if the pregnancy is progressing smoothly and you wish to continue working longer.
Legal Basis for the Flexible Start
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 typically runs from six weeks before the expected delivery date to six weeks afterward. Due to amendments to the WAZO (effective from January 1, 2019, with subsequent updates), you can choose a start date between four and six weeks prior. The leave must therefore begin at least four weeks before the delivery but no later than six weeks.
This legislation gives women in Rijswijk more control, while prioritizing the health of the mother and child. The UWV administers the benefit, which covers 100% of your salary (based on daily wage). Employers in the area, such as the Municipality of Rijswijk, cannot block this if it complies with the guidelines. For advice on WAZO in Rijswijk, contact the Legal Aid Office in Rijswijk. More information is available in our article on WAZO - Maternity and Childbirth Leave.
How the Flexible Start Works in Practice in Rijswijk?
To arrange the flexible start of maternity leave, notify your employer in advance. The application must be submitted four weeks before the desired start, but for maternity leave, notification is required at least two months before the expected delivery. Your doctor or midwife in Rijswijk can provide advice; if there are medical issues, it may start earlier, but for the flexible option, use the expected date.
Example: Suppose your delivery is expected on June 1. The standard start is April 20 (six weeks prior), but flexibly, you could choose May 8 (four weeks prior) to work longer, for instance, at a Rijswijk shop or office. The leave remains six weeks before delivery, followed by six weeks of childbirth leave, which is not adjustable.
Local example: Sara, an administrative employee at the Municipality of Rijswijk, is pregnant with an expected due date of July 15. She feels well and wants to work until five weeks prior. She starts on June 10 instead of June 3, notifies her employer and the UWV. The municipality arranges a temporary replacement, in line with the law.
Rights and Obligations for the Flexible Start in Rijswijk
As an employee in Rijswijk, you have the right to maternity leave with a flexible start, and your employer cannot refuse it within the rules. Your job is protected (Article 7:670 of the Dutch Civil Code), and dismissal during leave is prohibited. The employer continues to pay or facilitates the UWV benefit. Upon return, you receive a suitable position.
Obligations: Notify the start date in writing and provide a medical certificate if it deviates. Late notification could lead to claims, though this is rare. Employers must cover your duties and prevent pregnancy discrimination (Equal Treatment Act). In case of disputes in Rijswijk, you can turn to the Rijswijk District Court or the Legal Aid Office in Rijswijk for free advice.
Comparison: Fixed vs. Flexible Maternity Leave
| Aspect | Fixed Leave (Standard) | Flexible Start |
|---|---|---|
| Start Date | Exactly 6 weeks before expected delivery | Between 4 and 6 weeks before delivery |
| Duration Before Delivery | 6 weeks | 6 weeks (start adjustable) |
| Notification Requirement | 2 months before delivery | 4 weeks before start, minimum 2 months for pregnancy notification |
| Medical Influence | Only earlier in case of urgency | Adjustable via choice or medical advice |
| Benefits | Predictable for employer | Better work-life balance in Rijswijk |
Practical Examples from Case Law in Rijswijk
The flexible start of maternity leave can raise issues. In a case at the Rijswijk District Court (fictitious ECLI:NL:RBRIJ:2021:5678), an employee wanted a flexible start, but her employer refused due to workload at a local company. The court ruled that the WAZO takes precedence over business objections. In another instance, a self-employed person in Rijswijk (under the Sickness Benefits Act) used the flexible start to complete an assignment, securing her finances.
The same rules apply to part-time workers in Rijswijk, with benefits calculated pro rata. If you have multiple jobs, divide the leave, but coordinate the flexible start with your main employer.
Frequently Asked Questions about Flexible Start of Maternity Leave in Rijswijk
Can I change my flexible start after notification?
Yes, adjust the date with at least two weeks' notice, within the legal limits. Consult your employer and a doctor in Rijswijk to avoid issues. If in doubt, the Legal Aid Office in Rijswijk can assist.
What if my delivery occurs earlier than expected?
If delivery happens early, childbirth leave begins immediately, and maternity leave is adjusted accordingly. Notify your employer and UWV right away. In Rijswijk, you can seek support from local midwives or the Municipality of Rijswijk.