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Care Leave Refusal: Your Rights

Care leave refused in Westland? As an employee, you retain rights under the Care Leave Act. Discover how to respond, with help from local agencies such as Juridisch Loket Westland and Rechtbank Den Haag.

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Care Leave Refusal in Westland: Your Rights and Action Plan

If your employer in Westland rejects your application for care leave, you may not know what options you have. Dutch law protects employees, but employers sometimes violate it. This article discusses what care leave entails, when a refusal is valid, and concrete steps, including references to Rechtbank Den Haag (district) and Juridisch Loket Westland.

What does care leave entail?

Care leave is unpaid leave for caring for a sick family member in the Netherlands, regulated by the Care Leave Act and Civil Code arts. 7:613a-7:613e. It includes short-term leave (max. 26 weeks/year) or long-term (with limits).

When may an employer in Westland refuse care leave?

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

  • You are employed (including probationary period).
  • It concerns a family member (child, partner, parent, sibling or person you maintain).
  • Care is needed due to illness, disability or terminal phase.
  • Application is timely (reasonable notice).
Refusal is only possible in cases of:
  • Late application (unless urgency requires immediacy).
  • Business interests with compelling, documented damage to operations – rare.

Legal basis

Key articles:

  • Art. 7:613a Civil Code: Basic rules for care leave.
  • Art. 7:613b Civil Code: Conditions for taking leave.
  • Art. 7:613c Civil Code: Employer obligations.
  • Art. 7:613d Civil Code: Grounds for refusal.
Check your collective agreement (CAO) for extras such as paid leave. In Westland, sectoral CAOs often apply.

Actions in case of care leave refusal in Westland

In case of possible unjustified refusal, follow these steps with local support:

Step 1: Request written explanation

Demand a reasoned letter:

  • Clarifies reasons.
  • Serves as evidence for Rechtbank Den Haag or Juridisch Loket.
Model letter: 
"Dear [Employer],
I would like to receive in writing the reasoning for refusing care leave [family member]. This helps me assess my options.
Kind regards,
[Name]"

Step 2: Discussion with employer

Negotiate compromises:

  • Partial leave.
  • Flexible hours or remote work.
  • Postponement if feasible.
Tip: Involve a colleague or trade union.

Step 3: Seek local help

  • Juridisch Loket Westland: Free tailored advice. Location: Westland, call or visit for intake on care leave.
  • Rechtbank Den Haag (district): For proceedings in the Westland region. Start with summons in unresolved disputes.
  • Trade union or labour mediator for mediation.

Step 4: Legal proceedings

If no solution: serve summons via Rechtbank Den Haag. You can demand continuation of pay and claim damages. Keep all correspondence.

Extra tips for Westland

In agricultural or greenhouse horticulture sectors (typical for Westland), employers weigh continuity heavily, but the law prevails. Document care needs with a medical certificate.

Action: Contact Juridisch Loket Westland today for a free consultation.