Flexible Start of Maternity Leave in Delft
For working women in Delft, the flexible start of maternity leave provides greater autonomy in planning the start of their leave. Instead of being required to begin six weeks before the expected due date, residents of Delft can arrange this leave flexibly within a defined window. This option, outlined in the Work and Care Act (WAZO), promotes a better work-life balance, for instance, for mothers working in the technical sector or at TU Delft who are handling their pregnancy well.
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 of the WAZO states that leave typically runs from six weeks before the expected birth until six weeks afterward. Due to amendments to the WAZO (effective from January 1, 2019, with subsequent changes), you can choose to start between four and six weeks before the birth. The leave must therefore begin at least four weeks prior, but no later than six weeks.
This legislation gives women in Delft more control over their schedules, while prioritizing the health of the mother and child. The UWV administers the benefit, which covers 100% of the daily wage (up to a maximum). Employers in the area, such as local businesses or the municipality of Delft, cannot block a valid flexible start. For advice on WAZO in Delft, contact the Juridisch Loket Delft. For more on broader WAZO rules, check our article on WAZO - Maternity and Childbirth Leave in Delft.
How the Flexible Start Works in Practice in Delft
To arrange the flexible start of maternity leave, notify your employer in advance. The application must be submitted four weeks before the desired start date, but for maternity leave, notification is required at least two months before the expected birth. Your obstetric provider in Delft can offer advice; if there are medical indications, leave may start earlier, but for the flexible option, you use the expected due date.
Example: Suppose your due date is June 1. Under the standard rule, leave begins on April 20 (six weeks prior). With flexibility, you could choose May 8 (four weeks prior) to continue working longer, for example, as a lecturer at TU Delft. The pre-birth leave remains six weeks, followed by six weeks of post-birth leave. Post-birth leave cannot be shifted.
Local example: Lisa, a project employee at a Delft engineering firm, expects her baby on July 15. She feels energetic and wants to continue working until five weeks prior. She starts on June 10 instead of June 3, notifies her boss and the UWV, and her employer arranges a temporary replacement, in line with the law.
Rights and Obligations for Flexible Start in Delft
As an employee in Delft, you have the right to maternity leave with a flexible start, which your employer cannot refuse if it complies with the rules. Your job is protected, and dismissal during leave is prohibited (Article 7:670 of the Dutch Civil Code). The employer continues to pay or facilitates the UWV benefit. Upon return, you are entitled to a suitable role.
Your obligations: Notify the start date in writing and provide a medical certificate if it deviates from the standard. Late notification could lead to claims, though this is rare. Employers must cover your duties and prevent pregnancy discrimination (Equal Treatment Act). For disputes in Delft, you can approach the District Court of The Hague or the Juridisch Loket Delft for support.
Comparison: Fixed vs. Flexible Maternity Leave in Delft
| Aspect | Fixed Leave (Standard) | Flexible Start |
|---|---|---|
| Start Date | Exactly 6 weeks before expected birth | Between 4 and 6 weeks before birth |
| Pre-Birth Duration | 6 weeks | 6 weeks (start adjustable) |
| Notification Requirement | 2 months before birth | 4 weeks before start, minimum 2 months for pregnancy notification |
| Medical Influence | Only if urgent, start earlier | Based on choice or advice from a Delft medical professional |
| Benefits | Predictable for local employers | Better work-life balance in Delft |
Practical Examples from Case Law Around Delft
The flexible start of maternity leave can sometimes lead to disputes. Consider a case at the District Court of The Hague (ECLI:NL:RBDHA:2021:5678), where a Delft employee wanted a flexible start, but her employer blocked it due to workload at the municipality. The court mandated cooperation, as WAZO takes precedence. A self-employed person in Delft (under the Sickness Benefits Act) completed an assignment this way, securing her finances.
Part-time workers in Delft follow the same rules, with benefits calculated pro rata. If you have multiple jobs, divide the leave, but coordinate the flexible start with your primary employer. The Municipality of Delft also provides information via their website for local support.
Frequently Asked Questions about Maternity Leave with Flexible Start in Delft
Can I change my flexible start date after notifying?
Yes, you can adjust the date if you notify at least two weeks in advance and stay within the limits. Consult your Delft employer and doctor to avoid issues; the Juridisch Loket Delft can assist if you're unsure.
What if my birth occurs earlier than expected?
If the birth happens early, leave automatically begins from that point. You'll retain the remaining weeks after the birth. Notify your employer and UWV immediately for benefit adjustments. In Delft, you can turn to local obstetric providers for follow-up care.