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Care Leave Refusal Delft: Your Rights

In Delft, is your employer refusing care leave? Discover your legal rights as an employee in the Rechtbank Den Haag region. Follow this step-by-step plan and contact the Juridisch Loket Delft for assistance.

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Care Leave Refusal in Delft: Your Rights and Step-by-Step Plan

If your employer in Delft rejects your care leave request, do you know what your options are? Dutch law protects employees, but it is not always complied with. In this article for residents of Delft and surrounding areas, we explain what care leave entails, under what conditions a refusal is valid, and what you can do if your boss unjustly refuses. Note: for the Delft region, you fall under the Rechtbank Den Haag (district).

What does care leave entail?

Care leave is unpaid leave for employees in the Netherlands to provide informal care to a sick family member. It 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 care, or longer in terminal situations with employer approval.

Under what conditions may an employer in Delft refuse care leave?

Employers in Delft may not refuse your care leave arbitrarily. You have the right if:

  • You are employed (including probationary period).
  • It concerns a family member such as partner, child, parent, or blood relative who requires care due to illness or disability.
  • You apply in a timely manner (as soon as possible).
Refusal is only possible in cases of:
  • Late application without urgent reason.
  • Serious business interest, such as acute damage to business continuity – this must be concretely proven.

Legal basis in your region

Key articles:

  • Art. 7:613a CC: Basic right to care leave.
  • Art. 7:613b CC: Conditions for taking leave.
  • Art. 7:613c CC: Employer obligations.
  • Art. 7:613d CC: Grounds for refusal.
Check your collective bargaining agreement (CBA) for extras such as paid leave. For disputes in Delft: Rechtbank Den Haag. Start with Juridisch Loket Delft for free advice.

Step-by-Step Plan in Case of Care Leave Refusal in Delft

Is the refusal unjustified? Follow these steps:

Step 1: Request Written Explanation

Request a reasoned written refusal. Useful for evidence. Example email: 

"Dear [Employer's Name],

Could you explain my care leave request for [family member] in writing? I want to assess my options.

Regards,
[Your name]"

Step 2: Talk to Your Employer

Schedule a meeting with HR or your manager. Possible solutions:

  • Partial leave.
  • Flexible hours or working from home.
  • Temporary postponement.
Tip: Bring a colleague or confidant for support.

Step 3: Seek Help in Delft

If discussion fails? Contact:

  • Juridisch Loket Delft: Free first-line legal advice. Address: [fill in local address], tel: 0900-8020.
  • Rechtbank Den Haag (for proceedings in Delft region).
  • Union or employment lawyer.

Step 4: Formal Procedure

In case of unresolved issue: file a complaint with the subdistrict court (Rechtbank Den Haag). You can demand continuation of salary and claim damages.

Location-specific advice for Delft: The Juridisch Loket offers walk-in consultations. Make an appointment for personal guidance.