In June 2020, new legislation came into force concerning maternity leave (more info in Dutch or French).  This extends the rights to postnatal leave for (expectant) mothers. Apparently there is still some confusion. Here’s what employers need to know about legislation concerning postnatal leave.

To how much maternity leave are employees entitled?

In total, an (expectant) mother shall receive 15 weeks of maternity leave for one child, and 17 to 19 weeks for a multiple birth. She may spread this period of leave before and after the birth, subject to certain rules.

Prenatal leave: before the birth
Prenatal leave may begin at the earliest 6 weeks before the anticipated date of giving birth, and 8 weeks in the case of a multiple birth.

It is mandatory to take prenatal leave 1 week before the birth, also referred as the mandatory week of rest.

Postnatal leave: after the birth
New mothers are obliged to take 9 weeks of postnatal leave. Every week of prenatal leave that was not taken may be carried over until after the birth.

Therefore, those who continue working right up until the mandatory week of rest are considered to have taken only 1 week of prenatal leave and shall be entitled to 14 weeks of postnatal leave. Employees who take the maximum prenatal leave of 6 weeks, shall have a further 9 weeks of postnatal leave.

In previous legislation, a pregnant woman was obliged to take maternity leave in the event of illness. For example, if she was unable to work in the 6 weeks before the birth she was only entitled to 9 weeks of postnatal leave. Those that continued to work up until a week before the birth were entitled to the entire period of maternity leave after the birth (1 week prenatal and 14 weeks postnatal).

This changes with the new legislation. As from June, every mother shall now be entitled to 15 weeks of maternity leave, including those who were unable to work before the birth. If the employee is absent in the 6-week period before the birth up until the mandatory week of rest, then this absence shall no longer be deducted from the maternity leave.

In the case of a multiple birth, the employee shall be entitled to 19 weeks of maternity leave, even if she was unable to work in the 8 weeks prior to the anticipated date of giving birth.

For example: an expectant mother takes no prenatal leave, but is absent due to illness for 1 week in the 4th week before the birth. In the past, this week would have been deducted from the postnatal leave, leaving her with only 13 weeks of postnatal leave. Since June 2020, this absence shall no longer be deducted, and she shall still be entitled to the full 14 weeks of postnatal leave. 

The following absences in the period of 6 weeks up until the mandatory week of rest shall be valid under the new legislation:

• temporary unemployment due to force majeure (therefore including corona unemployment)
• economic unemployment for white-collar workers;
• incapacity for work;
• complete removal from work (if the work environment involves risk for the mother and child, a doctor can decide that the mother may no longer work in the present conditions during the pregnancy).

Want to know more? FPS ELSD (Dutch or French)