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Care Leave Refusal: Your Rights in Rotterdam

Employer in Rotterdam refuses care leave? As an employee, you have statutory protection. Discover steps, local help via Rechtbank Rotterdam and more.

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Care Leave Refusal in Rotterdam: Your Rights and Action Plan

If your employer in Rotterdam rejects your care leave application, you may not know what to do. Dutch law protects employees, but employers sometimes violate it. This article discusses what care leave entails, when refusal is permitted, and concrete steps, including local institutions such as the Rechtbank Rotterdam.

What Does Care Leave Entail?

Care leave is unpaid leave for caring for a sick family member, regulated in the Care Leave Act and Civil Code (arts. 7:613a to 7:613e CC). You can take a maximum of 26 weeks per year for short-term care, or longer in serious situations with restrictions.

When May an Employer Refuse Care Leave?

Employers may not refuse arbitrarily. You have the right if:

  • You are employed, even during probationary period.
  • It concerns a family member (child, partner, parent, sibling or dependent).
  • There is a need for care due to illness, disability or terminal phase.
  • You apply in a timely manner (as soon as possible, within a reasonable period).
Refusal is only possible in case of:
  • Late application (submitting months later for urgent care).
  • Serious business interest, such as major damage to operations – this must be proven and exceptional.

Statutory Basis

Key articles:

  • Art. 7:613a CC: Basic rules for care leave.
  • Art. 7:613b CC: Conditions for taking leave.
  • Art. 7:613c CC: Employer obligations.
  • Art. 7:613d CC: Grounds for refusal.
Check your collective agreement (CAO) for extras such as paid leave. In Rotterdam sectors such as port or healthcare, favourable CAOs often apply.

Steps in Case of Care Leave Refusal in Rotterdam

If the refusal appears unlawful, follow these steps:

Step 1: Request Written Explanation

Demand a reasoned written refusal. Useful for evidence. Example email/letter: 

"Dear [Name],

I request written explanation of the refusal of my care leave for [family member]. This way I can assess my options.

Kind regards,
[Your name]"

Step 2: Talk to Employer

Consult with HR or boss for compromises such as:

  • Partial leave.
  • Flexible hours or remote work.
  • Postponement if feasible.
Tip: Bring a colleague or union representative for support.

Step 3: Local Help in Rotterdam

No solution? Seek free advice:

  • Juridisch Loket Rotterdam, Westblaak 180. Call 0800-8020 or visit for personal help.
  • Rechtbank Rotterdam, Wilhelminaplein 100-125. For proceedings before the subdistrict court.
  • Union such as FNV or CNV for Rotterdam members.

Step 4: Legal Steps

Initiate summary proceedings at Rechtbank Rotterdam (subdistrict court). You can often proceed without a lawyer. Keep all correspondence as evidence.

Extra Tips for Rotterdam Employees

In busy sectors such as logistics or healthcare, business interest must be strictly tested. During unpaid leave, you retain pay via any supplements. Always consult the Juridisch Loket Rotterdam for region-specific advice.