Prenatal Leave in Delft: Rules and Rights
Prenatal leave allows pregnant employees in Delft and surrounding areas to take rest shortly before giving birth. This component of pregnancy and maternity leave lasts up to 6 weeks and safeguards the health of mother and child. It provides legal protection against discrimination and dismissal, making it ideal for Delft residents working at companies like TU Delft or local SMEs.
What does prenatal leave entail for Delft residents?
Prenatal leave begins 6 weeks before the expected due date and provides space for relaxation in the final stage of pregnancy, appointments with your midwife in Delft, and preparation for the birth. The last 4 weeks are mandatory, while the first 2 weeks are optional. Many pregnant women in Delft opt for the full 6 weeks due to increasing physical strain. The leave ends on the day of birth, after which maternity leave follows.
Legal basis for prenatal leave
The right is regulated in the Work and Care Act (WAZO), articles 4:1 to 4:5. Every pregnant employee in Delft is entitled to it, regardless of length of service. Dismissal protection applies from week 20 (Article 7:17(2) DCC). The Exceptional Work and Care Act (UAZO) ensures pay during leave by the employer; after birth, UWV takes over.
Duration and start of prenatal leave in Delft
Standard duration of 6 weeks, divided into:
- 2 weeks optional leave: optional, starting from 6 weeks before the due date.
- 4 weeks mandatory leave: immediately before birth.
The start date is based on the medical indication from your midwife in Delft. In case of premature birth, the remaining period is added to maternity leave.
Comparison of prenatal and maternity leave
| Aspect | Prenatal Leave | Maternity Leave |
|---|---|---|
| Duration | 6 weeks (4 mandatory + 2 optional) | 10 weeks |
| Start | 6 weeks before expected birth | Day after birth |
| Pay continuation | Employer (full pay) | UWV benefit (70% pay, max daily wage) |
| Mandatory? | Last 4 weeks yes | Fully yes |
More info on duration of pregnancy leave or maternity leave.
Rights and obligations during prenatal leave
Rights in Delft:
- Dismissal only with UWV permission.
- 100% pay by employer.
- Safe workplace (Working Conditions Act article 4:8).
- Earlier start with medical indication.
Obligations:
- Notify employer in writing 8 weeks in advance with medical confirmation.
- Apply for UWV benefit after birth.
- Update employer on any date changes.
Practical examples from Delft
Example 1: Marie works at a Delft tech company, due on July 1. She notifies on May 3; leave starts May 20. Employer continues pay until birth.
Example 2: Lisa's baby arrives early on June 25. Remaining optional leave extends maternity leave to 11 weeks.
Example 3: Self-employed in Delft have no statutory leave, but can apply for voluntary UWV benefit after 26 weeks of insurance.
Frequently asked questions about prenatal leave in Delft
Can I postpone prenatal leave?
No, start is fixed at 6 weeks before due date. Unused portion shifts to maternity leave in case of early birth; earlier start possible with medical certificate in case of need.
Employer not paying wages?
Fraud: report to UWV, union, or District Court of The Hague. Sanctions will follow.
Does it apply to adoption?
No, only biological mothers. Adoption leave is separate (see adoption leave).
Part-timers in Delft?
Yes, pro rata pay, regardless of hours.
Tips for Delft residents
Avoid issues:
- Notify timely using UWV template letter.
- Keep midwife's certificate from Delft.
- Discuss flexible work with HR to prevent overload.
- Unsure? Call Juridisch Loket Delft for free advice or check District Court of The Hague.
- Partners: link to birth leave (5+5 weeks).
Create a contingency plan with your employer for unexpected premature birth, possibly with support from Municipality of Delft.