When to adjust contract after pregnancy?

Questioner

My girlfriend is pregnant and wants to work less after giving birth, but first use her right to maternity leave. Her current situation is that she has a contract for 32 hours, but often works 4 extra hours to work a full day, days for her are 9 hours a day. These extra 4 hours are paid via overtime. After giving birth she would like to go back to a 3x9 hours=27 hours contract. As maternity leave, she first wants to take 10 weeks at the existing 100% compensation, and immediately after that the 9 weeks at 70% compensation. She would like to have her contract adjusted to the new situation in which she will work 27 hours only after this period. However, her employer wants to adjust the contract from the moment of the birth or around that period. The consequence is that part of her income will be lost in the first weeks because the compensation is then based on 27 hours and not 32 hours. My question is to what extent does the employer have the right to do this earlier? Or should this be done at the time my girlfriend wants this?

Lawyer

There is no fixed date in such situations. Parties must consult with each other about this and if one of the parties does not agree with the date to be set, it simply does not go ahead. In short, in principle your girlfriend may stand her ground and only implement the adjustment when she is ready for it and not when the employer wants it. In that sense, it only has a negative effect on the employee and basically no effect on the employer. If it is necessary to discuss this further, you can contact me via boksjuristen.nl.