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Care Leave Refusal: Your Rights

Care leave refused in Amsterdam? The Care Leave Act protects you. Discover what to do in case of unjustified refusal, with local resources such as Rechtbank Amsterdam and Juridisch Loket.

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Care Leave Refusal in Amsterdam: Your Rights and Action Plan

If your employer in Amsterdam rejects your care leave application, you do not have to accept it just like that. Dutch legislation provides clear protection for employees. In this article, we dive into the rules surrounding care leave, when a refusal is valid, and what your options are in the Amsterdam region, including references to the Rechtbank Amsterdam (Parnassusweg 220) and the Juridisch Loket Amsterdam (Vijzelstraat 77).

What is Care Leave?

Care leave is unpaid leave for caring for a sick family member, regulated in the Care Leave Act and Civil Code (art. 7:613a et seq. BW). You can take up to 26 weeks per year of short-term leave, or longer in serious situations. This applies to all employers in Amsterdam and surrounding areas.

When May an Employer Refuse Care Leave?

Employers in Amsterdam may not refuse your care leave arbitrarily. You have the right if:

  • You are employed, even during probationary period.
  • It concerns a close family member (child, partner, parent, etc.) with care needs due to illness or disability.
  • You apply in a timely manner.
Refusal is only possible in case of:
  • Late application without urgent reason.
  • Serious business interest, such as acute damage to the enterprise – this must be proven.

Legal Basis

Key articles:

  • Art. 7:613a BW: Right to care leave.
  • Art. 7:613b BW: Conditions.
  • Art. 7:613c BW: Employer obligations.
  • Art. 7:613d BW: Grounds for refusal.
Check your CAO for extras, such as paid leave. In Amsterdam sectors such as healthcare or hospitality, CAOs often offer more.

Action in Case of Care Leave Refusal in Amsterdam

Suspect unlawful refusal? Follow these steps:

Step 1: Request Written Explanation

Demand a reasoned letter. Use this example: 

"Dear [Employer's Name],
I request written explanation for the refusal of my care leave for [family member]. Please provide your motivation for assessment of my rights.
Kind regards,
[Your name]"

Step 2: Enter into Discussion

Consult with HR or supervisor for compromises such as:

  • Partial leave.
  • Flexible hours or working from home.
  • Postponement if feasible.
Tip: Bring a colleague or union representative for support.

Step 3: Engage Local Assistance

No solution? Contact:

  • Juridisch Loket Amsterdam, Vijzelstraat 77 – Free initial advice (020-533 0 533).
  • Rechtbank Amsterdam, Parnassusweg 220 – For proceedings before the sub-district court.
  • Union or legal advisor.
In case of invalid refusal, you can demand continuation of salary and compensation for damages.

Step 4: Legal Proceedings

Initiate summary proceedings at the Rechtbank Amsterdam. Preserve all correspondence as evidence. Successful claims often lead to granting of leave plus reimbursement of procedural costs.

Important: Act quickly – time limits are short. In Amsterdam, help is nearby via the aforementioned institutions.