Navigating Pregnancy and Work in the Netherlands

Returning to work after pregnancy can feel tough as a very special period with your newborn has come to an end and the endless juggling between work and family will commence. On the other hand you might be ready to re-enter working life and look forward to connecting again with colleauges and picking up your job where you left off.

Yet for many women, returning to work comes with uncertainty. They experience subtle changes at work, uncomfortable conversations, or decisions that don’t quite feel right. Especially for international professionals working in the Netherlands, questions often arise: What are my rights? What is normal? And when does something cross the line?

Although Dutch law offers strong protection to pregnant employees and new mothers, pregnancy discrimination remains far more common than many realise. It often appears in quiet, indirect ways rather than in openly discriminatory decisions.

In this blog, I explain how pregnancy protection works under Dutch employment law, what unequal treatment due to pregnancy (or motherhood) can look like in practice, and what steps you can take if something doesn’t feel right.

1. Strong legal protection
2. What does pregnancy discrimination actually look like?
3. Not always bad intent — often a lack of knowledge
4. “But my employer didn’t say it was because of my pregnancy…”
5. Temporary contracts and probation periods: common misconceptions
6. How common is pregnancy discrimination?
7. What can you do if something doesn’t feel right?
8. Possible outcomes and remedies
9. Who is behind Fair Line Law
10. When to seek advice

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Strong legal protection

Article 1 of the Dutch Constitution is very clear: All persons residing in the Netherlands shall be treated equally in similar circumstances. Discrimination on the basis of sex is prohibited, and that protection explicitly includes pregnancy, childbirth and motherhood.

Even decisions that seem neutral or practical on the surface can still result in prohibited enequal treatment if pregnancy plays a role. Important to remember: pregnancy is never a legitimate reason for disadvantage at work.

What does pregnancy discrimination actually look like?

When people think of pregnancy discrimination, they often think of obvious examples: not being hired because you are pregnant, or having your contract terminated shortly after announcing your pregnancy.

Those situations do happen — but many cases are far more subtle. Examples include:

• A temporary contract not being renewed after an employee announces her pregnancy
• Being passed over for a salary increase or promotion
• Being excluded from projects or training opportunities
• Changes in responsibilities upon return from maternity leave
• Unwillingness to approve a request for parental leave
• Assumptions about availability or long-term commitment

Not always bad intent — often a lack of knowledge

It is important to emphasize that pregnancy discrimination is not always driven by bad intentions. In practice, many situations arise because employers are simply unfamiliar with Dutch employment law. This is especially common where there is no in-house HR department or where employment practices are shaped by foreign legal systems.

This intent does, however, not minimize the impact such decisions have on the employee. But it does mean that many situations can be resolved through early clarification and informed conversation, rather than immediate escalation. Understanding the legal framework often benefits both sides: having clear policies in place and having regular check-ins with employees will prevent misunderstandings from turning into disputes.

“But my employer didn’t say it was because of my pregnancy…”

Another reason many women hesitate to take action is that discrimination is rarely explicit.

Employers seldom say: “We are not renewing your contract because you are pregnant.” Instead, decisions may be framed on the basis of restructuring, performance concerns, or changes in business needs. Although this can genuinely be the case, it could be disguising the actual reason. When in doubt, make sure to investigate the reason more thoroughly and seek advice.

Important to remember is that under Dutch law, employees do not need to prove discrimination beyond doubt. They only need to present facts that create a reasonable suspicion of discrimination. Once such a suspicion exists, the burden shifts to the employer to proof that the decision had nothing to do with pregnancy. This legal approach (and protection towards the employees) exists precisely because discrimination is often subtle and difficult to prove directly.

Facts that may support a reasonable suspicion include:

• contract renewal policy for well-performing employees
• positive feedback and performance reviews before pregnancy
• a sudden change in tone, involvement or expectations
• messages referring to availability, pregnancy or maternity leave

Temporary contracts and probation periods: common misconceptions

It is a common misconception that a contract can always be terminated during the probationary period or that a temporary contract can simply expire without explanation. While employers generally have more flexibility in these situations, that flexibility ends when preganncy is involved.

If pregnancy plays any role in termination during the probation period or in a decision not to renew a contract that decision is unlawful under Dutch law.

Furthermore, be mindful to check if your probationary period has been validly agreed upon in your contract in the first place. In regards to non-renewals, be aware that in the event a temporary contract of six months or longer is not being renewed, the employer has adhered to its notification obligation. If this is not the case, an employee can claim a penalty up to 1 month of salary.

How common is pregnancy discrimination?

Exact figures are difficult to establish, as many cases never reach a court or authority. Research in the Netherlands has shown that more than 40% of working women who became pregnant experienced at least one situation that could indicate pregnancy discrimination.

Many women do not take action because they:

• are unsure whether their rights were violated
• have other priorities during pregnancy or early motherhood
• feel a significant threshold to challenging their employer

On top of that it is not uncommon for women to only realise later, after sharing their experience with friends/ family/ colleauges, that what happened may not have been lawful.

What can you do if something doesn’t feel right?

Not every situation requires immediate legal action. In many cases, the first step is gaining clarity. That may involve:

• knowing your rights
• checking what is written down in your contract, CLA or company policy
• documenting what happens (emails, messages, timelines)
• preparing for a constructive conversation with your employer
• seeking advice before responding or agreeing to changes

You can also:

• seek support on how to communicate with your employer
• have a legal representative take over the communication
• file a complaint with the Institute for Human Rights (CvRM) (even anonymously)
• request a formal, non-binding opinion from the Institute for Human Rights (CvRM)
• start court proceedings

Which option is appropriate depends on the circumstances. For some claims it is however important to act quick as they are bound to deadlines.

Possible outcomes and remedies

When pregnancy discrimination has been established, Dutch law offers various remedies, including compensation for financial loss, possible compensation for non-material harm, statutory payments and interest, and in some cases continuation or restoration of employment.

Courts treat pregnancy discrimination as a serious violation of fundamental rights, which is reflected in the remedies that may be awarded.

Who is behind Fair Line Law

As an employment specialist, I have worked extensively with expats and international employers navigating Dutch employment law. I am also a mother of two young childeren and therefore I understand — both professionally and personally — how vulnerable this period can feel. The wish of

mothers-(to-be) to bury their head in the sand when confronted with these situations at work is understandable. Having access to accessible legal advice is very important and that is why I have founded Fair Line Law. I assist both employees as well as employers with navigating pregnancy and work. My mission is to preserve the fair line in the workplace—ensuring pregnancy does not alter employees’ rights, treatment, or standing.”

My advice: Take it one step at the time. Knowing your rights beforehand is not about creating a conflict with your employer, it is about creating clarity and confidence for fair, informed conversations if needed.

When to seek advice

If you are pregnant, returning to work after leave, or feel that pregnancy may have influenced decisions at work — even subtly — it can be helpful to discuss your situation with someone who can relate to the phase you are in and has knowledge about Dutch employment law.

Know that every case is different. Sometimes:

1. knowing your rights already gives you enough peace of mind to discuss your wishes with your employer;
2. one conversation is enough to clarify where you stand and what options you have;
3. handing over your case allows you to focus your energy again on what matters most, your family.

If you would like to have a chat about your situation feel free to get in touch.

→ Visit my profile on Parentally and book a free intro call