Emergency Leave: Maximum Duration and Rules in The Hague
Emergency leave is short-term absence leave for employees in the Netherlands in case of acute personal problems, such as a death in the family or sudden serious illness. The duration is statutorily limited. This article discusses the maximum period, conditions and local resources in The Hague.
When is emergency leave applicable?
Emergency leave applies in case of a calamity: an unexpected, serious event with severe emotional or physical impact. Examples:
- Death of partner, child, parent, sibling, in-law family or close connection.
- Sudden serious accident or illness of a loved one.
- Family crisis, such as acute divorce proceedings or serious conflict.
- Intense psychological stress due to trauma or acute burnout.
Statutorily maximum 2 days per calamity, pursuant to article 30 of the Work and Care Act (Waz). These days can be taken flexibly, not necessarily consecutively. In The Hague, in case of disputes, you can go to the District Court of The Hague, Prins Clauslaan 60 or obtain free advice at the Legal Counter The Hague, Lutherse Burgwal 10.
Statutory Framework
Key laws:
- Waz, article 30: Right to leave in case of personal calamity.
- Civil Code (CC) article 7:667a: Protection against sanctions by employer.
The Waz applies nationwide, including The Hague. Employers must grant leave, unless a collective labour agreement (CLA) provides for deviating (often more generous) rules, such as up to 4 days in various sectors.
Practical Examples
Situations with leave duration:
| Situation | Duration | Basis |
|---|---|---|
| Death of child | 2 days (CLA may provide more) | Waz art. 30 |
| Serious illness of partner | 2 days (CLA extension possible) | Waz art. 30 |
| Acute burnout due to calamity | 2 days (if direct link) | Waz art. 30 |
| Family crisis (divorce) | 2 days (or more per CLA) | Waz art. 30 |
Beyond the 2 days without agreement? Risk of measures. Always notify employer immediately and document. In case of conflict: District Court of The Hague, Prins Clauslaan 60 or Legal Counter The Hague, Lutherse Burgwal 10.
Rights and Obligations
Employee Rights
- Max. 2 days per case (CLA may expand).
- Without medical certificate.
- No make-up obligation.
- Protected against retaliation (CC 7:667a).
Employer Obligations
- Grant leave upon valid request.
- No punishment for use.
- Continuation of wages during leave.
- Offer flexibility where possible.
For legal advice in The Hague: visit the Legal Counter, Lutherse Burgwal 10 or the District Court of The Hague, Prins Clauslaan 60.