The Work and Care Act came into force on 1 December 2001. The law aims to make it easier to combine work and care, making it more attractive for both men and women to (stay at) work. The Work and Care Act contains a combination of new and existing leave schemes. The new schemes confer entitlement to a maximum of 10 days' paid care leave, the right to adoption leave for both adoptive parents, the right to two working days' maternity leave for the partner and greater flexibility for parental leave.

In addition, a number of existing leave schemes, such as the provisions for parental leave and emergency leave, have been transferred to the new law.

Maternity leave

Female employees are entitled to a total of 16 weeks' maternity leave. During this leave, they are entitled to benefit which is equal to their daily sickness benefit, or 100 percent of their salary (up to the maximum daily pay). As a rule, the benefit is applied for through the employer, within two weeks of the starting date of the leave. A so called pregnancy certificate must be filed with the application. The benefit can be paid either through the employer or directly by the body implementing the scheme (the UWV).

Duration of the leave

Female employees can stop work between six and four weeks before the expected delivery date. They must stop working within four weeks of the delivery date.
Employees are entitled to at least 16 weeks' leave, of which at least 10 weeks are taken after the delivery. If, for example, they stopped working six weeks before the delivery, and the baby is born two weeks late, then two weeks will be added to the 10 remaining leave weeks.

Sickness

If the employee falls ill prior to the pre-delivery leave or after the maternity leave on account of her pregnancy or the delivery, she is entitled to sickness benefit. This benefit is 100 percent of the daily pay (up to the maximum daily pay).

Source: European Union
© European Communities, 1995-2006
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