Emergency Leave in Delft: Burden of Proof and Your Rights
Emergency leave entitles you to unpaid leave in the event of an acute personal crisis. To successfully apply for this leave, you must comply with the burden of proof. This means you must demonstrate that a calamity has occurred. In this article, we explain what emergency leave entails, how the burden of proof works, and the steps you must take in Delft, including local resources such as the Juridisch Loket Delft.
What does emergency leave entail?
Emergency leave falls under short-term absence leave and allows you to temporarily not work in the event of an unexpected crisis, such as the death of a family member, serious illness, or an emergency situation that makes your work impossible. These are matters that cannot be planned or postponed.
The legislation is regulated in the Work and Care Act (Waz) and Civil Code (AOW). Article 7:658 of the Dutch Civil Code (Bw) guarantees unpaid leave in the event of calamities, provided you notify your employer in a timely manner and provide proof. For disputes in Delft, you fall under the jurisdiction of the District Court of The Hague (district).
The burden of proof for emergency leave
The burden of proof requires you as an employee to concretely demonstrate that a calamity has occurred. Without this, your employer may refuse the leave. The law does not define this strictly; judges assess on a case-by-case basis whether your proof is convincing.
You must provide documents or statements, such as:
- Death certificate in case of bereavement.
- Medical certificate in case of illness or accident.
- Police statement in case of incidents.
- Statement from a doctor, family member, or witnesses.
Steps to meet the burden of proof in Delft
Follow these steps for a smooth application:
1. Notify your employer immediately
Inform your employer as soon as possible. Notification within a few days to a week is considered reasonable, depending on the situation. In Delft, if in doubt, you can consult the Juridisch Loket Delft for advice.
2. Gather appropriate proof
Start collecting proof immediately. Here is an overview:
| Calamity | Proof Examples |
|---|---|
| Death of close relative | Death certificate, sympathy card, funeral documents, family statement. |
| Illness/accident | Doctor's statement, hospital admission, injury photos. |
| Family crisis | Statement from care provider, police report, third-party witness. |
| Other crisis | Documents from authorities (school, police, Delft municipality), photos. |
3. Consult with your employer
A conversation can help foster understanding. Share no more than necessary, but be transparent to avoid misunderstandings.
What may your employer demand?
Reasonable requests are permitted, such as:
- Details about the calamity.
- Date and circumstances.
- Proof of severity.
Unreasonable demands, such as irrelevant personal details, are prohibited.
Refusal of leave: what then?
In case of refusal, repeat your notification with proof. Seek help from the Juridisch Loket Delft or involve the District Court of The Hague. They will assess whether the burden of proof has been met. Document contacts and consider union support.
In Delft, the Juridisch Loket offers free advice; call or visit them for local guidance.