Maternity leave rights: Free advice!

Questioner

Good day , For me it concerns the following: I have been on sick leave for 1 year and have now been offered a new job where I can start on February 1st. My situation is as follows: I receive a 0-hour contract for an indefinite period with an average number of working hours of 16 hours per week. and am currently 21 weeks pregnant My employer is aware of this and fortunately does not see it as a problem. I have to go on maternity leave around April 20th. Am I entitled to it after having worked for such a short time? My employer has no problem with it and would also like to apply for it for me if I am entitled to it. I would love to hear from you

Lawyer

Your employment contract is concluded for an indefinite period and cannot be terminated due to your pregnancy. This dismissal protection is regulated by law. During your pregnancy, you are entitled to continued payment of the agreed salary. In the case of an on-call contract, this salary is calculated on the basis of the average number of hours worked over the previous 3 months, unless that period was demonstrably unrepresentative due to the nature of the business operations (for example, in the case of seasonal work). During your maternity and maternity leave, you and your employer respectively are entitled to a 100 percent ZW benefit as a replacement for your salary. This must be applied for by your employer. Together with your employer, you can choose whether to receive this benefit directly via UWV or to have it paid out via your employer.

Questioner

but because I'm not going to work there until February 1st and I've been in the search law for 1 year, I haven't worked for 3 months yet... I'd like to hear from you

Lawyer

That was not immediately clear to me from your question. In that case, you will have to be able to prove that an average of 16 hours per week has been promised.