Emergency Leave in Amsterdam: Burden of Proof and Your Rights
Emergency leave entitles you as an employee in Amsterdam to unpaid leave in the event of acute personal crises. To successfully apply for this, you must comply with the burden of proof. This means you must concretely demonstrate that a calamity has occurred. This article explains what emergency leave entails, how the burden of proof works, and the steps you can take in Amsterdam, including local resources such as the Amsterdam District Court and the Legal Aid Office.
What does emergency leave entail?
Emergency leave falls under short-term absence leave and allows you to be temporarily absent for unexpected, urgent situations. Think of the sudden death of a family member, a serious accident, or another crisis that requires immediate presence and cannot be postponed. In Amsterdam, with its dynamic work environment, this leave is crucial for workers in sectors such as finance, tech, or hospitality.
The legislation is regulated in the Work and Care Act (Waz) and Employment Contracts Act (AOW). Article 7:658 of the Dutch Civil Code (Bw) guarantees unpaid leave in the event of calamities, provided you report it in time and provide proof. In case of disputes, you can go to the Amsterdam District Court, Parnassusweg 220.
The burden of proof explained
The burden of proof requires you as an employee to make the calamity demonstrable. 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 Amsterdam case law.
Practical examples of proof documents:
- Death certificate or mourning card in case of death.
- Medical certificate in case of illness or trauma.
- Police report in case of incidents.
- Witness statement from a doctor or involved party.
Steps to fulfill the burden of proof in Amsterdam
1. Report immediately to employer
Inform your employer in Amsterdam as soon as possible. A report within 1-7 days is generally considered reasonable, depending on the urgency.
2. Gather proof
Gather relevant documents quickly. Here is an overview for Amsterdam situations:
| Type of calamity | Proof options |
|---|---|
| Death of close relative | Death certificate, funeral card, family statement. |
| Illness/accident | Hospital letter, doctor's certificate, injury photos. |
| Family crisis | Social services statement, police report. |
| Other acute | Statement from authority (Amsterdam police, school, municipality), supporting media. |
3. Consult with employer
In Amsterdam companies, a conversation often helps to foster understanding. Share basic information without revealing everything.
What may an employer demand?
Reasonable questions are permitted, such as details about timing and severity. But no infringement on privacy. In case of doubt: free advice at Amsterdam Legal Aid Office, Vijzelstraat 77.
Refusal of leave: what then?
In the event of unjustified refusal, you can litigate at the Amsterdam District Court (Parnassusweg 220). First seek help from the Legal Aid Office for free support. Unpaid leave is your statutory right with valid proof.