Pregnancy or parental leave is a special and protected period. The legislator wants to prevent employees from unfairly losing their jobs during this phase of their lives. Therefore, there are strict prohibitions on dismissal. Yet some employers still try to dismiss employees during this period.
In this article, we explain what your rights are, what exceptions exist, and what you can do if you are dismissed during your pregnancy or leave.
Prohibition of dismissal during pregnancy
A ban on dismissal generally applies during pregnancy and maternity leave and for six weeks afterwards. Protection also applies during incapacity for work caused by pregnancy or childbirth; statutory exceptions require individual assessment.
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Your employer is not allowed to dismiss you during this period.
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This prohibition applies both during a temporary contract and a permanent contract.
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You are also protected during illness related to pregnancy or childbirth..
👉 Dismissal for another reason (e.g. reorganization) is in principle also prohibited if it is related to your pregnancy.
Prohibition of dismissal during parental leave
Your employer may not dismiss you because you request or take parental leave. This is not a blanket ban on dismissal throughout that leave.
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Taking parental leave must not be the reason for terminating your employment contract.
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This applies to both men and women.
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Dismissal for a lawful reason unrelated to parental leave may still be possible, subject to the normal dismissal rules.
Exceptions to the dismissal prohibition
The prohibition of dismissal is strong, but not absolute. Dismissal can occur:
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In the case of bankruptcy of the employer.
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In the case of instant dismissal due to urgent cause.
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In the case of an expiring temporary contract (which is not related to pregnancy or leave).
Dismissal through settlement agreement (VSO)
Sometimes an employer offers a VSO during pregnancy or leave. Be careful with this:
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You are never obliged to sign.
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A VSO can affect your entitlement to WW or other benefits.
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It is often better to make agreements after the protected period.
👉 Always have a VSO legally checked in this situation.
Fictitious examples for illustration
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Example 1: A pregnant employee was dismissed due to “reorganization”. The judge annulled the dismissal because it was related to her pregnancy.
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Example 2: An employee received a dismissal proposal via VSO during parental leave. Legal advice is needed to assess the proposal and the consequences for Dutch unemployment benefits (WW); compensation or benefit entitlement is not guaranteed.
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Example 3: A temporary contract expired during pregnancy. The employer did not have to renew this contract, provided that the reason was not related to the pregnancy.
Checklist for dismissal during pregnancy or parental leave
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📑 Check whether the dismissal prohibition applies in your situation.
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⚖️ Check if an exception applies.
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📝 Never sign a VSO just like that.
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💶 Check if you are entitled to compensation or benefits.
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📞 Always consult a labor law attorney.
Common mistakes
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Thinking that a temporary contract always has to be extended during pregnancy.
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Signing a VSO without legal advice.
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Not realizing that dismissal due to reorganization is often prohibited during this period.
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Not objecting to unjust dismissal.
Frequently Asked Questions (FAQ)
1. Can my employer dismiss me because I am pregnant?
No, this is prohibited.
2. Does the dismissal prohibition also apply during parental leave?
Your employer cannot dismiss you because you request or take parental leave. A lawful dismissal unrelated to that leave may still be possible.
3. What happens if my temporary contract expires during my pregnancy?
Then it does not have to be renewed, but the reason must not be related to your pregnancy.
4. Can I sign a VSO myself during my leave?
Yes, but always have it legally checked.
5. Am I eligible for a compensation if I am unjustly dismissed during pregnancy?
Yes, you often have the right to service recovery or a (reasonable) compensation.
Why Arslan Lawyers?
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Specialized in dismissal and pregnancy protection
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Guiding employees in conflicts during leave
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Experienced in nullifying unfair dismissals
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Negotiating for better arrangements in VSOs
Conclusion
Pregnancy and parental leave involve different dismissal protections. Have the reason, timing, contract and applicable deadlines assessed promptly. The possible remedy and benefit consequences depend on the facts.
More frequently asked questions
Am I protected from dismissal if I am pregnant or on parental leave?
Pregnancy protection generally covers pregnancy, maternity leave and six weeks afterwards, as well as incapacity caused by pregnancy or childbirth. Parental leave has a different rule: dismissal because you request or take it is prohibited. It does not create a blanket ban on unrelated lawful dismissal. A fixed-term contract can expire.
Are there any exceptions to the dismissal prohibition during pregnancy or parental leave?
Pregnancy protection has statutory exceptions, including certain urgent-cause and bankruptcy situations. A fixed-term contract can expire, but pregnancy or leave must not be a discriminatory reason for non-renewal. During parental leave, dismissal for an unrelated lawful reason remains possible.
Can my employer offer me a settlement agreement (VSO) during pregnancy or parental leave?
Yes, but you are not obliged to accept it, and it can affect your benefits and rights. It is advisable to have any VSO legally checked before signing, especially during protected periods.
What should I do if I am dismissed during pregnancy or parental leave?
You should first verify if the dismissal violates the legal protections and check for any exceptions. It is crucial to consult a labor law attorney to explore your rights and possible remedies.
