Working conditions new and expectant mothers

New and expectant mothers in the Netherlands have special rights with regard to working conditions. They must be able to work safely and healthily during all phases of pregnancy and after. As an employer, you may have to adjust some of their work and/or working hours, and provide a room for expressing milk. You must inform new and expectant mothers about these rights.

Providing information on risks

If an employee tells you they are pregnant or that they want to breastfeed, you must tell them about the risks the work can pose for the pregnancy, the unborn child, and the employee herself. The risks for pregnant employees include:

• irregular working hours (for example night shifts, overtime)
• heavy labour (for example lifting and kneeling)
• psychosocial stress (for example stress, high workload, aggression, and undesirable behaviour)
• harmful environmental factors (for example atmospheric pressure, noise, vibration, radiation, extreme heat or cold)
• hazardous substances (for example solvents, pesticides, and certain medicines)
• biological agents (hazardous micro-organisms, such as bacteria, viruses, fungi, and parasites)

Adjusting working conditions

You have to eliminate these risks during and after pregnancy. You should take 1 of the following measures:

1. eliminate the risks within their own function and workplace, or
2. adjust the employee’s tasks and/or change their working hours and rest times, or
3. give your employee different tasks, or
4. exempt your employee form work.

You have to start with measure 1, and only take a next measure if the previous one is not workable.

Working hours

You need to adjust the working hours of your pregnant employee during pregnancy and up to 6 months after giving birth. These employees:

• are entitled to stable and regular working hours and rest times
• are entitled to more breaks (up to one-eighth of her daily working time) in a quiet lockable room with a bed or resting couch
• should work no more than 10 hours per shift
• should work no more than 50 hours per week on average per 4-week period, and no more than 45 hours per week on average per 16-week period
• are not allowed to work night shifts, unless you can prove there is no other option

Physical stress

You need to limit the physical stress on a pregnant employee. If physical stress is unavoidable, you should limit the load:

• The employee is allowed to lift a maximum of 10 kilos at a time.
• As of the 20th week, the employee is allowed to lift a maximum of 5 kilos no more than 10 times a day.
• From the 30th week, the employee is allowed to lift a maximum of 5 kilos no more than 5 times a day.
• In the last 3 months of pregnancy, the employee should not bend or kneel down more than once an hour.

Up to 6 months after giving birth, any work involving lifting, carrying, or pulling and pushing objects should be slowly built up.

Harmful environmental factors

Pregnant employees may not perform tasks under environmental (atmospheric) pressure, such as diving and caisson work or underground mining. Or be subjected to environmental factors, such as:

• vibrations or shocks of more than 0.25 m/s2
• ultrasonic sounds over 20 kHz and louder than 110dB
• loud noise louder than 80 db(A) on average or peak noise above 112 Pa

Hazardous substances and micro-organisms

Pregnant employees, as well as those who are trying to get pregnant, and breastfeeding mothers should not be exposed to hazardous substances and biological agents. For example, pregnant and breastfeeding employees should not be exposed to lead and lead compounds, and pregnant employees should not be exposed to the Rubella virus or Toxoplasma bacteria.

The Ministry of Social Affairs and Employment (SZW) publishes an updated list of substances hazardous to reproduction twice a year (in Dutch). Regarding biological agent, you could consult a non-exhaustive list of potentially harmful micro-organisms for pregnant employees via the National Institute for Public Health and the Environment (RIVM) website (in Dutch, click on pdf).

Risk Assessment & Evaluation (RI&E)

You must include the labour risks for pregnant and breastfeeding employees in the risk assessment and evaluation (RI&E). You must also describe which measures you take to avoid these risks. You must give your employee a copy of this section of the RI&E.

Expressing milk at work

For the first 9 months after giving birth, you should give your employee time and opportunity to express milk or breastfeed. They should be able to do so often as needed and as long as needed, but no more than a quarter of the working day in total. The time spent on feeding or expressing milk during work counts as working time. You have to pay for this time.

You should make a room available for expressing milk that is clean and quiet, and that can be locked from the inside. There should be a bed or resting couch in this room. If you cannot offer a suitable space, you should allow your employee to feed or express milk at home. The time the employee needs to get home and return to work counts as working time. You must pay for this time.