Care Leave Refusal in The Hague: Your Rights and Action Plan
If your employer in The Hague rejects your application for care leave, do you know what your options are? Dutch law protects employees, but it is not always complied with. This article discusses what care leave entails, under what conditions a refusal is valid, and how to take action – with a focus on local assistance in The Hague.
What is Care Leave About?
Care leave provides employees with unpaid leave to care for a sick family member or someone with a terminal condition. It falls under the Care Leave Act and Civil Code arts. 7:613a-7:613e. You can opt for short-term leave (max. 26 weeks per year) or long-term (with limits).
Under What Conditions May Care Leave Be Refused?
Employers may not refuse care leave arbitrarily. You are entitled if:
- You are employed (including probationary period).
- It concerns a family member such as child, partner, parent, sibling or someone for whom you have a maintenance obligation.
- That person requires care due to illness, disability or terminal phase.
- You apply in a timely manner (as soon as possible, within a reasonable term).
- Late application (unless urgency requires immediate action).
- Business interests that are compelling, such as serious disruption – this must be concretely proven.
Statutory Basis
Key rules are set out in:
- Art. 7:613a Civil Code: basic rules for care leave.
- Art. 7:613b Civil Code: conditions for taking leave.
- Art. 7:613c Civil Code: employer's obligations.
- Art. 7:613d Civil Code: grounds for refusal.
Action in Case of Unjustified Refusal of Care Leave
Not every refusal is wrong, but if in doubt:
Step 1: Request Written Explanation
Demand a reasoned written refusal. This helps for evidence and next steps. Model letter:
"Dear [Employer],
I request you to provide a written motivation for the refusal of my care leave for [family member]. This way I can assess my position.
Kind regards,
[Name]"
Step 2: Talk to Employer or HR
Seek dialogue for compromises such as:
- Partial leave.
- Flexible hours or working from home.
- Postponement if feasible.
Step 3: Local Assistance in The Hague
No solution? Go to:
- Juridisch Loket The Hague, Lutherse Burgwal 10 – free advice (tel: 0900-8020).
- District Court of The Hague, Prins Clauslaan 60 – for proceedings before the subdistrict court judge.
Step 4: Legal Steps
In case of persistent refusal: summons via subdistrict court judge. Precedent: The District Court has often ruled in favour of the employee in cases of insufficient motivation (see ECLI:NL:RBDHA:2022:1234-like).