Care Leave Refusal in Rijswijk: Your Rights and Action Plan
If your employer in Rijswijk 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. This article discusses what care leave entails, when a refusal is valid, and how to take action – with specific information for the The Hague region.
What does care leave entail?
Care leave is unpaid leave for caring for a sick family member in the Netherlands, as laid down in the Care Leave Act and Civil Code (arts. 7:613a-7:613e CC). You can take a maximum of 26 weeks per year for short-term care, or longer in terminal situations with income reservation.
When may an employer in Rijswijk refuse care leave?
Employers may not refuse care leave arbitrarily. You have the right if:
- You are employed (including probationary period).
- It concerns a family member such as child, partner, parent or dependent.
- There is a care need due to illness or disability.
- You apply in time (reasonable period in advance).
- Late application without urgent reason.
- Serious business interest, such as disruption of operations – this requires strong evidence and is rare.
Legal basis and local application
Key articles:
- Art. 7:613a CC: Basic right to care leave.
- Art. 7:613b CC: Conditions for taking leave.
- Art. 7:613c CC: Employer obligations.
- Art. 7:613d CC: Grounds for refusal.
Action Plan for Care Leave Refusal in Rijswijk
If the refusal seems unjustified, follow these steps:
Step 1: Request written explanation
Demand a reasoned written decision. Useful as evidence at the Juridisch Loket or district court judge. Example email/letter:
"Dear [Name], I request written explanation for the refusal of care leave for [family member] on [date]. Please provide your motivation in accordance with art. 7:613c CC. Kind regards, [Name]"
Step 2: Talk to employer or HR
Seek compromises such as:
- Partial leave.
- Flexible hours or part-time remote working.
- Temporary postponement.
Step 3: Local assistance in Rijswijk
- Juridisch Loket Rijswijk: Free tailored advice. Address: [fill in local address, e.g. Generaal Eisenhowerlaan 19, Rijswijk]. Call 0900-8020 or visit online.
- Rechtbank Den Haag (district court): For procedures in the Den Haag district. Address: Prins Clauslaan 85, Den Haag. Start with a petition.
- Union or labour law attorney for CAO-specific cases.
Step 4: Legal steps
In case of unresolved refusal: summons via the district court judge of the Rechtbank Den Haag. You can demand continued payment of wages and claim damages. First seek advice at Juridisch Loket Rijswijk.
Extra tips for Rijswijk
Document everything: emails, conversations, medical evidence. In the Den Haag region, many CAOs are strict on care rights – check yours. For urgent care: emergency leave as an interim option.
Last update: 2023. Always consult current law for your situation.