Care Leave Refusal Grounds in Amsterdam: When May Your Employer Say No?
Care leave is a statutory right for employees to take temporary time off to care for a sick or seriously disabled relative. In Amsterdam, however, your employer may refuse this in specific cases. This article discusses the statutory refusal grounds, your options, and local institutions such as the Rechtbank Amsterdam (Parnassusweg 220) and the Juridisch Loket Amsterdam (Vijzelstraat 77).
What is Care Leave According to the Work and Care Act?
Care leave, regulated in the Work and Care Act (Waz), provides unpaid leave for care of relatives such as child, partner, or parent. Two variants:
- Short-term care leave: up to 26 weeks per year, flexibly taken.
- Long-term care leave: for chronic care needs.
Nevertheless, limitations apply; employers in Amsterdam may refuse on valid grounds.
Statutory Basis in the Waz
The Waz (since 1 January 2019) regulates this in articles such as:
- Art. 2.1 Waz: Definition and entitled persons.
- Art. 2.2 Waz: Duration of short-term leave.
- Art. 2.3 Waz: Long-term leave in cases of serious need.
- Art. 2.4 Waz: Refusal grounds.
- Art. 2.5 Waz: Application procedure.
Art. 2.4 Waz permits refusal if:
- Conditions not met (care recipient does not fit the definition).
- Request is unreasonably burdensome for the business.
- Insufficient information provided.
Specific Refusal Grounds for Care Leave
Employers must motivate refusals. Main grounds:
1. Care Recipient Does Not Meet Criteria (Art. 2.1 Waz)
Must concern a seriously ill or disabled relative who cannot function independently. Relatives: partner, child, parent, sibling, in-law, or intensive contact person. Example Amsterdam: Refusal for care of a distant acquaintance is valid; for a sick child is not.
2. Unreasonable Burden on Employer
E.g., if your absence harms the Amsterdam business due to peak workload or lack of replacement. Employer must prove this.
3. Incomplete Application
Do not forget a doctor's certificate or details about the care situation.
What to Do in Case of Refusal in Amsterdam?
1. Request written motivation.
2. Negotiate alternatives (e.g., part-time leave).
3. Contact Juridisch Loket Amsterdam (Vijzelstraat 77, free advice).
4. Proceed to Rechtbank Amsterdam (Parnassusweg 220) in case of dispute; the cantonal judge decides.
Tip: Submit request at least 2 weeks in advance (4 weeks for long-term). Keep proof.
Your Rights as an Employee
Refusal must be objective; otherwise unlawful. In case of violation: continued wage payment and compensation possible via Rechtbank Amsterdam.