Emergency Leave in Delft: Duration Rules and Your Rights

What is emergency leave?

Emergency leave is a form of short-term absence leave that allows employees to take time off for unforeseen, serious personal circumstances. This may include, for example:

• The death of a loved one (such as a parent, child, partner, or sibling).
• A serious illness or accident of a loved one.
• A serious calamity in your own life, such as a fire or flooding in your home in Delft.

The main law regulating emergency leave is the Work and Care Act (Wet arbeid en zorg - Waz). In addition, the CAO (Collective Labour Agreement) and the individual employment contract play a role. If your employer has not laid down rules in the CAO or employment contract, the statutory rules apply. In case of disputes, you can go to the Juridisch Loket Delft in Delft.

How long may emergency leave last?

The duration of emergency leave is legally limited. According to the Work and Care Act, an employee is entitled to:

• 2 days in the event of the death of a loved one.
• 1 day in the event of a serious illness or accident of a loved one.

Note: these days are short-term absence leave and do not count as holiday or sick leave. They also cannot be accumulated for a later time. Employees in Delft can contact the District Court of The Hague in case of uncertainties.

In some cases, your employer may grant extra days, for example as provided for in the CAO or as stipulated in your employment contract. It is therefore wise to check whether your employer applies stricter or more lenient rules, especially with local employers in the Delft region.

What are your rights and obligations?

Rights of the employee

• You are entitled to paid leave for the statutory days, unless your employer has agreed otherwise.
• You may take the leave without it being classified as sick leave.
• You do not need to provide a medical certificate, unless your employer specifically requires it (which is not customary for emergency leave).

Obligations of the employee

• You must inform your employer as soon as possible of the calamity and the leave.
• You must prove that the calamity actually occurred (e.g. by means of an obituary or medical certificate).
• You may not abuse the leave; it is intended for serious, unforeseen circumstances.

Obligations of the employer

• The employer must approve the leave, unless there is abuse.
• The employer may not disadvantage you by refusing the leave without good reason.
• The employer may not withhold wages for the days of emergency leave, unless otherwise agreed.

For legal advice in Delft, you can contact the Juridisch Loket Delft.

Practical Examples

Example 1: Death of a parent

Suppose your mother passes away suddenly. You call your employer and report that you need 2 days of emergency leave to attend the funeral and say goodbye. You do not need to take sick leave, as this is a calamity. You receive pay for these days, unless your employment contract provides otherwise.

Example 2: Serious illness of a child

Your child is seriously injured in an accident and needs to be operated on immediately at the Reinier de Graaf Hospital in Delft. You take 1 day of emergency leave to be with your child. You do not need to take sick leave and your wages are continued.

Example 3: Fire in your home

A fire breaks out in your apartment on the Rotterdamseweg in Delft. You report this directly to your employer and take emergency leave to assess the damage and arrange temporary accommodation. This falls under the statutory rules