Incorrect application for maternity leave?

Questioner

From April 22, 2021 to May 20, 2023, you have taken four weeks of maternity leave without applying. A request for unpaid leave must always be made via YouForce. After the request, the hours can actually be compensated on the salary. Unfortunately, it is not systematically possible to immediately implement this deduction after entering the hours in ONS. In your case, this concerns a considerable undue payment. Specifically, it concerns 109 hours * € 27.60 = € 3008.40. This is what my employer says. However, I have properly requested everything with my then manager and the secretary and passed everything on. There is still email correspondence about this. They indicate that this is my fault, but I feel like I have done nothing wrong. In addition, this was more than 2 years ago.

Lawyer

It is indeed a complicated situation. Laws and regulations in the Netherlands state that employees are entitled to paid maternity and maternity leave. If you can demonstrate that you have requested this leave and that this has been approved by your employer (for example by e-mail correspondence), then you should be able to prove that you were entitled to this leave and that it therefore did not have to be unpaid. In addition, the 2-year term can work to your advantage. There are rules in employment law that determine how long an employer has to complain about wrongly paid wages. This is normally 5 years, but there is an exception for such situations of wrongly paid wages. Then the term is only 2 years. If your employer only comes with the claim after this period, it could be that they are too late. However, this is a complex situation and it is important that you seek legal advice for your specific case. I recommend that you speak to a lawyer or attorney to discuss your further options. This is only an exploratory advice based on the general rules and laws and may differ per situation.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer