Emergency Leave in The Hague: Burden of Proof and Your Rights
Emergency leave entitles you to unpaid leave in case of acute personal crises. To successfully apply for it, you must meet the burden of proof by demonstrably proving that a calamity has occurred. This article helps you in The Hague with explanations of the rules, evidence requirements, and steps, including local resources such as the The Hague District Court at Prins Clauslaan 60 and the Legal Aid Office The Hague at Lutherse Burgwal 10.
What does emergency leave entail?
Emergency leave falls under short-term absence leave and allows you to be temporarily absent in unexpected crisis situations, such as the death of loved ones, serious illness, or urgent family circumstances that cannot be postponed. This is regulated by the Work and Care Act (Waz) and Civil Code (AOW). Article 7:658 of the Dutch Civil Code (Bw) guarantees unpaid leave provided you report it in time and provide proof. In The Hague, in case of disputes, you can go to the The Hague District Court, Prins Clauslaan 60.
The burden of proof explained
The burden of proof requires you as an employee to concretely demonstrate that a calamity has occurred. Without sufficient proof, your employer does not have to approve the leave. The law does not define this strictly; judges assess case by case, often referring to case law from the The Hague District Court.
Practical examples of evidence documents:
- Death certificate or mourning card in case of death.
- Medical certificate or hospital discharge letter in case of illness/accident.
- Police report in case of incidents.
- Witness statement from doctor, family member, or acquaintance.
Steps to meet the burden of proof
Follow these steps for a smooth application:
1. Immediately notify employer
Inform your employer as soon as possible. Notification within 1-7 days is considered reasonable, depending on the crisis. Early notification builds trust.
2. Collect and submit proof
Quickly gather relevant documents. Overview:
| Type of calamity | Proof options |
|---|---|
| Death of loved one | Death certificate, funeral card, family statement. |
| Illness/accident | Doctor's certificate, hospital documents, injury photos. |
| Family crisis | Social services report, police report, third-party testimony. |
| Other urgency | Statement from authority (school/police/municipality), supporting media. |
3. Communicate openly with employer
A conversation can clarify and prevent misunderstandings, without sharing everything immediately.
What may the employer demand?
Reasonable requests are permitted, such as:
- Nature and timing of the calamity.
- Availability of proof.
Unreasonable demands, such as irrelevant personal details, are prohibited.
In case of refusal: go to court
Does your employer refuse? Explain why and demand proof. No solution? Seek free advice at Legal Aid Office The Hague (Lutherse Burgwal 10) or file a case at The Hague District Court (Prins Clauslaan 60). Judges strictly enforce Article 7:658 Bw.
Tip for The Hague: Consult local authorities for quick support.