Care Leave Refusal Grounds: when may your employer say no?
Care leave is a statutory right that allows employees to take temporary unpaid leave to care for a sick or seriously disabled relative. However, your employer may refuse care leave in certain cases. This article explains which refusal grounds are statutorily permitted, how you can respond, and what steps you can take to protect your rights.
What is care leave?
Care leave is a form of leave available to employees in the Netherlands to take temporary unpaid leave to care for a relative. This may involve, for example, a sick child, partner, parent, or other family member. The right to care leave is laid down in the Work and Care Act (Waz). There are two types of care leave:
- Short-term care leave: maximum 26 weeks per calendar year, spread over multiple periods.
- Long-term care leave: for long-term care, for example in case of a chronic illness or disability.
Although care leave is a statutory right, there are limitations and refusal grounds on which your employer may reject the request. This article goes into more detail on these grounds and your options as an employee.
Statutory basis: what does the Work and Care Act (Waz) say?
The right to care leave is regulated in the Work and Care Act (Waz), which entered into force on 1 January 2019. The most relevant articles for refusal grounds are:
- Article 2.1 Waz: Definition of care leave and who is entitled to it.
- Article 2.2 Waz: The duration of short-term care leave (maximum 26 weeks per year).
- Article 2.3 Waz: The possibility of long-term care leave in cases of serious care needs.
- Article 2.4 Waz: The employer's obligation to grant care leave, except in specific cases (refusal grounds).
- Article 2.5 Waz: The procedure for submitting a request for care leave.
According to Article 2.4 Waz, an employer may refuse care leave if:
- The employee does not meet the conditions for care leave (for example, because the care recipient does not fall under the statutory definition).
- The request is unreasonable in view of the company's circumstances (for example, if the care leave would lead to an unreasonable burden for the employer).
- The employee has provided insufficient information about the care recipient or the care situation.
When may your employer refuse care leave?
An employer may only refuse care leave if one of the following refusal grounds applies. These grounds are statutorily defined and must be clearly substantiated by the employer.
1. The care recipient does not fall under the statutory definition
To qualify for care leave, the care recipient must meet the following criteria (Article 2.1 Waz):
- The care recipient is seriously ill or seriously disabled.
- The care recipient is unable to live independently or requires intensive care.
- The care recipient is a relative, such as a partner, child, parent, sibling, in-law, or a person with whom you have a lasting and intensive relationship.
Example: If your employer refuses because your nephew does not fall under the definition of a \"relative\", this may be a valid refusal ground. However, if your nephew does fall under the definition (for example, because he is seriously ill and you provide intensive care for him), refusal is not permitted.
2. Unreasonable burden for the employer
An employer may refuse care leave if the request would lead to an unreasonable burden for the company. This means that granting care leave could lead to:
- Overburdening of work for other employees.
- Financial damage to the company (for example, if it concerns a crucial moment, such as an important client presentation).
- Frequent care leave by multiple employees, jeopardising the continuity of the business.
Example: Suppose you work as a nurse in a hospital and request care leave because your child is ill. The hospital may refuse if your department is already understaffed and your absence would lead to an unsafe situation for p ```