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Care Leave Refusal: Your Rights in Zoetermeer

In Zoetermeer, as an employee facing care leave refusal, you have clear statutory rights. Discover how to respond, with help from local institutions such as the Juridisch Loket Zoetermeer and Rechtbank Den Haag.

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Care Leave Refusal in Zoetermeer: What Are Your Rights?

If your employer in Zoetermeer rejects your application for care leave, you do not have to accept it just like that. Dutch law protects you as an employee, but employers sometimes violate this. Here you will read everything about care leave, valid reasons for refusal, and practical steps, including local resources in Zoetermeer.

What Exactly Does Care Leave Entail?

Care leave provides employees with unpaid leave to provide informal care to a sick family member. This falls under the Care Leave Act and Civil Code (articles 7:613a to 7:613e CC). You can take a maximum of 26 weeks per year for short-term leave, or longer in serious situations with income protection.

Under What Conditions May Care Leave Be Refused?

Employers may almost never refuse care leave arbitrarily. You are entitled if:

  • You are employed, even during probationary period.
  • It concerns a close family member (child, partner, parent, sibling or someone subject to maintenance obligation).
  • That person truly needs care due to illness, disability or terminal phase.
  • You apply in a timely manner (as soon as possible, with reasonable notice period).
Refusal is only possible in case of:
  • Late application without good reason.
  • Serious business interest, such as acute disruption of operations – this requires strong evidence and is rare.

Statutory Basis and Local Context

Key articles are:

  • Art. 7:613a CC: Basic right to care leave.
  • Art. 7:613b CC: Conditions of application.
  • Art. 7:613c CC: Employer obligations.
  • Art. 7:613d CC: Exceptional refusal.
Check your collective labour agreement (CLA) for extras such as paid leave. In Zoetermeer, under the district of Rechtbank Den Haag, you can go to Rechtbank Den Haag for disputes or obtain free advice from Juridisch Loket Zoetermeer.

Action Plan for Unjustified Care Leave Refusal

Follow these steps if the refusal seems unreasonable:

Step 1: Request Written Explanation

Demand a reasoned letter. This serves as evidence for:

  • The exact reason for refusal.
  • Next steps, such as a complaint or lawsuit.
Model letter:
"Dear [Employer],

I request written explanation of the refusal of my care leave for [family member]. I would like to receive the reasoning to assess my options.

Kind regards,
[Name]"
      

Step 2: Seek Dialogue

Talk to your boss or HR. Possible compromises:

  • Partial leave (fewer days).
  • Flexible options such as part-time or remote work.
  • Temporary postponement if feasible.
Tip: Involve a confidant or trade union. In Zoetermeer, the Juridisch Loket Zoetermeer provides free negotiation tips.

Step 3: Seek Assistance

No solution? Contact:

  • Juridisch Loket Zoetermeer: Free first-line advice (search locations in Zoetermeer).
  • Rechtbank Den Haag (district Zoetermeer): For sub-district court proceedings.
  • Trade union or labour law attorney for follow-up.
Keep all correspondence.

Step 4: Legal Steps

In case of unlawfulness, you can seize the sub-district court of Rechtbank Den Haag. You are often entitled to reimbursement of procedural costs. Juridisch Loket Zoetermeer guides you free of charge in the procedure.

Extra Tips for Zoetermeer

Local employers in Zoetermeer often follow regional CLAs with more lenient rules. In urgent care situations: consider emergency leave or short-term employer leave as an alternative. For current advice: visit Juridisch Loket Zoetermeer or call the national helpline.