Emergency Leave in Rotterdam: Burden of Proof and Your Rights
Emergency leave entitles you to unpaid leave in the event of an acute personal crisis. In Rotterdam, you must comply with the burden of proof to successfully apply for this leave. This article explains what emergency leave entails, how the burden of proof works, and the steps you should take, including local resources such as the Rechtbank Rotterdam and the Juridisch Loket.
What is emergency leave?
Emergency leave falls under short-term absence leave and allows you to be temporarily absent in urgent situations, such as the death of a family member, serious illness, or unexpected family crises that cannot be postponed. The Work and Care Act (Waz) and Civil Code (AOW) regulate this. Article 7:658 of the Dutch Civil Code (Bw) guarantees unpaid leave in the event of calamities, provided you report it in a timely manner and provide proof to your employer in Rotterdam.
The burden of proof for emergency leave
The burden of proof requires you to demonstrate that there is a genuine emergency. Without sufficient proof, your employer may refuse the leave. The law does not define this strictly; judges, such as those at the Rechtbank Rotterdam at Wilhelminaplein 100-125, assess each case individually.
You must submit documents or statements, such as:
- Death certificate or sympathy card in case of death.
- Medical certificate or hospital letter in case of illness/accident.
- Police statement in case of incidents.
- Witness statement from a doctor or family member.
Steps to comply with the burden of proof in Rotterdam
Follow these steps for a smooth application:
1. Notify your employer immediately
Inform your employer in Rotterdam as soon as possible. Notification within 1-7 days is considered reasonable, depending on the crisis.
2. Gather proof
Arrange documents appropriate to the situation:
| Emergency | Proof Examples |
|---|---|
| Death of close relative | Death certificate, sympathy card, family statement. |
| Illness/accident | Doctor's certificate, hospital documents, injury photos. |
| Family crisis | Social worker statement, police report. |
| Other acute cases | Statement from authority (school/police/municipality), supporting photos. |
3. Consult with your employer
Talk openly with your boss to prevent misunderstandings. In Rotterdam, if in doubt, you can seek advice from the Juridisch Loket Rotterdam, Westblaak 180.
What may your employer demand?
Reasonable questions about the emergency, timing, and proof are permitted, but not irrelevant personal details. Violation? Proceed to the Rechtbank Rotterdam.
Refusal of leave: what then?
In the event of unjustified refusal, present proof and demand leave. If that fails, contact the Juridisch Loket Rotterdam for free advice or initiate proceedings at the Rechtbank Rotterdam, Wilhelminaplein 100-125. You can claim wages and damages for violation of your rights.
Note: always consult a local expert for personal advice.