Non classé

Zwanger Ziektewet Contract Niet Verlengd

Do you have a fixed-term contract that expires during your pregnancy? Then, your employer does not have to renew your contract. But your pregnancy shouldn`t be the reason not to renew your contract. Because then your employer makes the direct distinction between men and women. In doing so, he would be guilty of discrimination. Note: The number of days you are sick in the flexibilization phase before the start of your maternity leave counts for the calculation of your postnatal leave. A pregnant employee who is employed on the basis of a fixed-term employment contract is not entitled to protection against dismissal if the employer decides not to renew the employment contract. However, the pregnant employee can apply for maternity benefits. This is regulated by the Work and Care Act and the Sickness Benefits Act. This right exists if the pregnant employee is invoiced within ten weeks of the termination of the employment contract. The amount of the benefit under the Sickness Benefits Act for a pregnant employee is subject to a maximum daily wage.

You can be released if, for example, you are in the Netherlands illegally or if you have to serve a prison sentence. This is possible if it is not reasonable for the employer to continue your employment contract. Do you get sick during your pregnancy but before your vacation? Then simply report the illness to your employer and you will continue to receive your salary. If your illness is caused by your pregnancy, your employer can apply to the UWV for sickness benefit for you. Your employer cannot fire you. It can let your contract expire, even if the end date is during your pregnancy. This is not allowed if your pregnancy is the reason why she does not renew your contract. Is that the case, or do you suspect that it is? Please contact our legal specialists.

Do you have questions about vacation, illness or leave during your pregnancy? Or is your employer not following the rules, for example by threatening to resign? Contact our legal experts! You can reach our service center on weekdays from 8:00 a.m. .m to 6:00 p.m. .m via sc@unie.nl and 0345 851 963. I experienced the same thing when I was pregnant with my son. Only the difference that I was already in the health law because of severe sciatica when my contract was not renewed. I only had to apply for unemployment benefits, but since I was in the health law, I didn`t have to apply, I just had to go to a Gak doctor for some kind of examination. One of my colleagues, who was also pregnant at the time but was not in the health law, only had to apply for unemployment benefits, and even while she was pregnant, she simply had to apply. So I would ask the UWV as well as I was you. Success, During your maternity leave and maternity leave, you should never be fired. In this case, you can ask the court to cancel the termination within 2 months. Instead, you can also file a claim for financial compensation with the District Court.

if you are pregnant or on maternity leave and within the first 6 weeks after your maternity leave or within the first 6 weeks after the incapacity for work following pregnancy or childbirth; Does 1 (or more) baby die before birth, but are you still pregnant? And is it even before the start of maternity leave? Then you can start maternity leave 10 to 8 weeks before the day after the due date. Are you pregnant? Inform your employer. Do this no later than 3 weeks before taking maternity leave. But report it sooner. This way, you and your employer still have time to make arrangements for your absence. Do you get sick in the period immediately following the end of your maternity benefit while taking the holidays flexibly? Then different rules apply depending on the cause of your illness. Only in special cases is discharge possible during pregnancy. For example, when the company or your department completes the work. Your employer may also fire you if you behave seriously. For example, if you commit fraud or if you are violent. In these cases, it doesn`t matter if you are pregnant or not.

Your employer applies for a benefit on your behalf. He does this no more than 4 and at least 2 weeks before the start of your maternity leave. Therefore, tell in time that you are pregnant. You agree with your employer to whom the benefit will be paid. As a general rule, this is a matter for the employer. Sometimes it is more convenient for uwv to transfer the benefit to you directly. For example, if your employment relationship ends during your vacation. Discuss this with your employer. He points that out in the motion. If you give birth after the due date, your maternity leave will be extended by the number of days you give birth later. We add the days you give birth after the expected due date to your maternity leave. In total, your joint maternity leave lasts more than 20 weeks.

A union board should also NEVER report that you are pregnant before your contract has been renewed, otherwise they will find another excuse, for example, if they were very satisfied with you and an extension was promised, it also looks like they went bankrupt because of your pregnancy. Will you get sick within 6 weeks of your due date while you are not yet on maternity leave? On days when you are sick within 6 and 4 weeks before the due date (excluding maternity leave), you will receive sick pay. These days are considered to be days when you have been granted maternity leave and therefore can no longer be included in maternity leave. This is important if you have taken less than 6 weeks of maternity leave in favor of a longer maternity leave. My contract was not renewed either. I was already in the sick law when they told me this and I stayed in it. I understand from the Occupational Health and Safety Service that you do not have to do anything yourself immediately. If you are covered by sickness benefit at the end of your employment contract, your employer must pass it on to the UWV and you will then receive sickness benefit from the UWV. That`s about 70% of your salary. You will then be examined by a UWV doctor to see if you are actually sick. The employee considers that the employer made a prohibited distinction on the basis of sex when he decided not to renew the employment contract.

If the employer denies that a prohibited distinction has been made, the employee sues in the District Court and demands fair compensation. During the proceedings, the employee argues that her pregnancy is due to the fact that the contract has not been renewed, while the employer argues that the employee is not functioning properly. According to the employer, this is the reason why the employment contract is not renewed. If the employee were to extend the employment contract, this could be done for a maximum of 5 months, of which the employee is on leave for four months. The employee then has only 4 weeks to reintegrate. The Sub-District Court interprets the employer`s position in such a way that it considers that this period is too short to be successful. If the employee had not been pregnant or a man, the employer would have extended the contract so that the employee would have had the opportunity to improve her performance. In 2 months, I would go on vacation, and at the end of January, my contract expires.

I was told yesterday that it would not be extended. (had an annual contract) The lawyer`s shop says I can now get into the health care law and no longer have to work, but how does everything go beyond that? Someone who thinks it sounds familiar and wants to share my experience with me? The maternity allowance lasts together as long as the combined maternity leave, i.e. at least 16 weeks. .