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Care Leave Refusal Grounds Rotterdam

Can your Rotterdam employer refuse care leave? Learn the legal refusal grounds, your rights and steps with help from Rechtbank Rotterdam and Juridisch Loket Westblaak.

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Care Leave Refusal Grounds Rotterdam: when may your employer say no?

Care leave is a statutory right for employees in Rotterdam and throughout the Netherlands to take temporary time off to care for a sick or disabled family member. However, an employer may refuse this under strict conditions. This article discusses the refusal grounds, your options and local institutions such as Rechtbank Rotterdam (Wilhelminaplein 100-125) and Juridisch Loket Rotterdam (Westblaak 180).

What is care leave in Rotterdam?

Care leave falls under the Work and Care Act (Wet arbeid en zorg - Waz) and provides unpaid leave for caring for loved ones, such as a child, partner or parent. Two types:

  • Short-term care leave: up to 26 weeks per year, flexibly taken.
  • Long-term care leave: for chronic care needs.

Employers in Rotterdam may refuse on specific grounds, but must motivate this. In case of unjustified refusal, you can go to the Juridisch Loket Rotterdam, Westblaak 180.

Statutory basis Work and Care Act (Waz)

The Waz (since 2019) regulates this in relevant articles:

  • Art. 2.1 Waz: Definition and entitled persons.
  • Art. 2.2 Waz: Duration short-term leave.
  • Art. 2.3 Waz: Long-term leave in case of serious need.
  • Art. 2.4 Waz: Refusal grounds.
  • Art. 2.5 Waz: Application procedure.

According to art. 2.4 Waz, refusal is only permitted if:

  1. Employee does not meet conditions (care recipient does not fit the definition).
  2. Leave causes unreasonable burden for the company.
  3. Insufficient information provided about the situation.

Refusal grounds explained for Rotterdam employees

Employers may only refuse on valid grounds, with motivation.

1. Care recipient does not meet definition

Criteria (art. 2.1 Waz):

  • Seriously ill or disabled.
  • Not independently livable or intensive care needed.
  • Loved one: partner, child, parent, sibling, in-law or intensive contact person.

Example: Refusal for a distant cousin is often valid, unless intensive care is demonstrable. In case of dispute: go to Rechtbank Rotterdam, Wilhelminaplein 100-125.

2. Unreasonable burden for employer

E.g. if your absence paralyses the entire Rotterdam team without replacement. Employer must investigate alternatives.

3. Incomplete application

You must notify at least 2 weeks in advance (shorter in case of urgency) with details about the care recipient. Evidence such as a doctor's certificate helps.

What to do in case of refusal in Rotterdam?

  1. Check if refusal complies with Waz – request motivation.
  2. Dialogue with employer, propose alternative.
  3. Contact Juridisch Loket Rotterdam, Westblaak 180 for free advice.
  4. If no solution: procedure at Rechtbank Rotterdam, Wilhelminaplein 100-125 or subdistrict court.

Tip: Document everything. In case of invalid refusal, employer risks fine.

Extra help in Rotterdam

  • Rechtbank Rotterdam: Wilhelminaplein 100-125 – for court cases.
  • Juridisch Loket: Westblaak 180 – free intake.
  • Check collective agreement for extra rules.

Be proactive: your right to care leave is central!