Care Leave Refusal Grounds in Rijswijk: when may your employer refuse?
Care leave provides employees in Rijswijk and surrounding areas with the right to temporary unpaid leave for care of a sick or disabled relative. However, there are situations in which an employer may refuse this. This article highlights the statutory refusal grounds, your options and local resources such as the Legal Counter Rijswijk and the District Court of The Hague.
What does care leave entail?
Care leave, regulated in the Work and Care Act (Waz), allows you to take leave for a relative such as a child, partner or parent with serious care needs. Two variants:
- Short-term care leave: up to 26 weeks per year, flexibly taken.
- Long-term care leave: for chronic situations with intensive care.
Employers in Rijswijk must grant this, unless specific refusal grounds apply.
Statutory basis in the Work and Care Act
Since 1 January 2019, the Waz regulates this right. Relevant articles:
- Art. 2.1 Waz: Defines care leave and entitled persons.
- Art. 2.2 Waz: Limit short-term leave.
- Art. 2.3 Waz: Conditions long-term leave.
- Art. 2.4 Waz: Exceptions for refusal.
- Art. 2.5 Waz: Application procedure.
According to art. 2.4 Waz, refusal is only permitted in cases of:
- Failure to meet conditions, e.g. care recipient does not fit the definition.
- Unreasonable burden on the business.
- Insufficient information about the situation.
Specific refusal grounds explained
Employers must motivate the refusal. Main grounds:
1. Care recipient does not meet criteria
Art. 2.1 Waz requires:
- Serious illness or disability.
- Intensive care needs, independent living not possible.
- Relative: partner, child, parent, sibling, in-law or intensive contact person.
Example Rijswijk: Refusal for care of a distant acquaintance is valid; for a seriously ill child is not. In case of disagreement: go to Legal Counter Rijswijk.
2. Unreasonable impact on business
E.g. if your absence in Rijswijk disrupts a small team without replacement. Employer must prove this.
3. Incomplete application
If you provide too few details about the care needs? Then refusal is permitted. Always submit a medical certificate.
What to do in case of refusal in Rijswijk?
1. Request written motivation.
2. Check if the ground is statutory.
3. Contact Legal Counter Rijswijk for free advice (local in Rijswijk).
4. In case of dispute: procedure at District Court of The Hague (district for Rijswijk) – subdistrict court handles employment cases quickly.
Tip: Notify leave 2 weeks in advance, except in urgent cases. Keep all correspondence.
Local support Rijswijk
- Legal Counter Rijswijk: Free intake for low income, specific employment law.
- District Court of The Hague: Competent court for Rijswijk; initiate case online.
- Union or HR advisor for mediation.
Know your rights – unjustified refusal is invalid. Need help? Start at Legal Counter Rijswijk!