Pregnant employees: More than maternity leave

One of the employees in your organisation is pregnant. This means that you and the employee can schedule her maternity leave and the employer can start looking for temporary replacement. Is that all? Not quite. In addition to the well-known maternity leave, pregnant employees and employees who have just given birth have a number of additional rights. These rights are not always known to employers, but it is essential to comply with them.

Employers must ensure a safe working environment for their employees. A special duty of care applies to pregnant employees and employees who have just given birth. This means that the employer must take extra measures to ensure the health and safety of the employee and the (unborn) child. In this article, we provide an overview of these rights.

During pregnancy and the first 6 months after childbirth
During pregnancy and up to six months after childbirth, the following rights apply to employees:

1. No heavy physical labour: Pregnant employees and employees who have just given birth should not perform heavy physical labour. It is the employer’s responsibility to offer alternative work if necessary;
2. Steady and regular work pattern: pregnant employees and employees who have just given birth are entitled to a steady and regular work pattern. This means that the pregnant employee and employee who has just given birth does not conduct work in irregular shifts and changing schedules, but rather in a predictable and consistent schedule. Sudden schedule changes should also be limited;
3. In addition, this employee is allowed to work a maximum of 10 hours per shift;
4. The employer cannot require this employee to work overtime; and
5. pregnant employees and employees who have just given birth are not allowed to work night shifts;
6. Extra breaks: Pregnant and postpartum employees are entitled to extra beaks during their shifts upon their request. The extra breaks are considered working time and are therefore paid. These extra breaks are additional to the regular (unpaid) breaks the employee is entitled to. The extra breaks may consider a maximum of 1/8 part of the shift of the employee. For an 8-hour working day, this means that they can take up to one hour of extra breaks. These breaks do not have to be planned in advance. After all, the need may vary from day to day. These extra breaks are separate from breastfeeding rights. We will explain how this works later in this article;
7. Prohibition of dismissal: Throughout pregnancy, leave and the first six weeks after returning from leave, a prohibition of dismissal applies. Due to this, the employer may not terminate the employment agreement with the pregnant and postpartum employee. Note that this prohibition even applies in case the business closes in full during pregnancy and maternity leave.

During pregnancy
Leave for medical check-ups: In addition to the above, a pregnant employee should be allowed to undergo pregnancy-related medical check-ups during working hours, if necessary, whilst entitled to salary.  This includes, for example, appointments with the midwife, ultrasounds, a visit to the gynaecologist, or other additional medical examinations. The employee does not have to share extensive medical details, merely stating that the appointment is pregnancy-related is sufficient. Incidentally, it is possible to agree that the employee will schedule these appointments at the beginning or end of the working day as much as possible.

After childbirth
Breastfeeding/expressing milk: The employer must accommodate a breastfeeding employee so she can nurse her child or express milk during working hours. Provided the employee has informed the employer about her breastfeeding needs, the employer must facilitate this and, where necessary, provide a suitable, lockable private room. The employee  is also entitled to additional breaks to do so. The breaks needed for this may be taken as often and for as long as needed, but may not exceed 1/4 of the total working time per shift. The timing and duration of these nursing breaks are determined by the employee in consultation with the employer.  The nursing breaks are separate from both the regular and (the aforementioned) additional breaks and are paid. The right to the nursing breaks exists until 9 months after the birth.

In the first 6 months after the birth, the employee who works 8 hours in a day (after returning from her leave) is therefore entitled to one hour of extra breaks as well as two hours of nursing breaks (both paid).

Dutch law offers extra protection to pregnant employees and employees who have recently given birth. It is important that employers are aware of this and take appropriate measures. These include adjusting schedules and creating a suitable space for the employee to nurse. We recommend talking to the employee about her needs, both during her pregnancy and when she returns from leave.

Do you have any questions about these rules? Please let us know, we are happy to assist.