Care Leave Refusal in Leiden: Your Rights and Action Plan
If your employer in Leiden rejects your application for care leave, you do not have to accept it just like that. Dutch law protects employees, but employers sometimes violate this. In this article for Leiden, we explain what care leave entails, under what conditions a refusal is lawful, and how you can proceed with help from local institutions such as the Juridisch Loket Leiden (Stationsweg 46) or the District Court of The Hague, Leiden Location.
What does care leave entail?
Care leave is unpaid leave for caring for a sick family member, laid down in the Care Leave Act and Civil Code (art. 7:613a et seq. CC). You can take up to 26 weeks per year for short-term care, or longer in terminal situations, depending on the needs.
Is refusal of care leave in Leiden permitted?
Employers may rarely refuse care leave. You have the right if:
- You are employed, including during probationary period.
- It concerns a family member (child, partner, parent, etc.) with care needs due to illness or disability.
- You apply in time (reasonable period in advance).
- Late application without urgent reason.
- Serious business damage, which is rare and must be proven.
Legal Basis in Leiden
Important articles:
- Art. 7:613a CC: Right to care leave.
- Art. 7:613b CC: Conditions.
- Art. 7:613c CC: Employer obligations.
- Art. 7:613d CC: Grounds for refusal.
Action in Case of Unjustified Refusal in Leiden
Follow these steps if the refusal seems unlawful:
Step 1: Request Written Explanation
Request a reasoned written refusal for evidence.
"Dear [Employer],
I request written explanation for the refusal of care leave for [family member]. Please provide your motivation for assessment of my rights.
Kind regards,
[Your name]"
Step 2: Talk to Employer or HR
Seek compromises such as:
- Partial leave.
- Flexible hours or working from home.
- Short postponement.
Step 3: Local Legal Assistance in Leiden
No solution? Go to:
- Juridisch Loket Leiden, Stationsweg 46 – Free initial advice.
- District Court of The Hague, Leiden Location for proceedings.
- Union or labor mediator.
Step 4: Formal Steps
If unwilling: file a complaint with the subdistrict court via the Juridisch Loket. You can demand continued payment of wages and claim damages.
Important for Leiden: Local courts apply the same national rules, but quick action prevents escalation. Contact the Juridisch Loket today!