Emergency Leave in Leiden: Burden of Proof and Your Rights
Emergency leave entitles you to unpaid leave in the event of a sudden personal crisis. To successfully apply for it, you must comply with the burden of proof. This means you must demonstrate that there is a genuine emergency. In this article for Leiden, we explain what emergency leave entails, how the burden of proof works, and what steps you can take. In case of disputes, you can go to the District Court of The Hague, Leiden Location or the Legal Aid Office Leiden at Stationsweg 46.
What does emergency leave entail?
Emergency leave falls under short-term absence leave and allows you to be absent briefly in acute emergency situations, such as the sudden death of a family member, a serious accident, or an unexpected family crisis that makes work impossible. These are situations that cannot be planned or postponed.
The legislation is regulated in the Work and Care Act (Waz) and Employment Contracts Act (AOW). Article 7:658 of the Civil Code (Bw) guarantees unpaid leave in emergencies, provided you report it in time and provide proof. In the Leiden region, you can consult the Legal Aid Office Leiden for legal advice.
The burden of proof for emergency leave
The burden of proof requires you as an employee to concretely demonstrate that an emergency has occurred. Without this, your employer may refuse the leave. The law does not specify exactly what constitutes proof; the cantonal judge, such as at the District Court of The Hague, Leiden Location, assesses this on a case-by-case basis.
You must provide documents or statements that substantiate your crisis, such as:
- Death certificate or sympathy card in case of death.
- Medical certificate in case of illness or injury.
- Police report in case of incidents.
- Witness statement from a professional or family member.
Steps to meet the burden of proof
Follow these steps for a smooth application:
1. Report immediately to employer
Inform your employer as soon as possible. Notification within 1-7 days is often considered reasonable, depending on the urgency.
2. Gather and submit proof
Gather relevant documents depending on the emergency:
| Emergency | Proof Examples |
|---|---|
| Death of close relative | Death certificate, funeral card, family statement. |
| Illness/accident | Doctor's statement, hospital discharge letter, injury photos. |
| Family crisis | Social services statement, police report, third-party witness. |
| Other acute matters | Statement from authority (school/police/municipality), supporting media. |
3. Consult with employer
A conversation can help foster understanding and avoid misunderstandings, without sharing everything immediately.
What may your employer demand?
Reasonable questions are permitted, such as the nature, timing, and proof of the emergency. Unnecessary private details may not be demanded.
Refusal of leave: what then?
In case of refusal, you can object or go to the cantonal judge at the District Court of The Hague, Leiden Location. Start with free advice at the Legal Aid Office Leiden, Stationsweg 46. Keep all correspondence as proof.