Emergency Leave in Utrecht: Burden of Proof and Your Rights
Emergency leave entitles you to unpaid leave in the event of a sudden personal crisis. In Utrecht, you must comply with the burden of proof to successfully apply for this leave. This article explains what emergency leave entails, how the burden of proof works, and the steps you must take in the Utrecht region. In case of disputes, you can go to the Rechtbank Midden-Nederland at Vrouwe Justitiaplein 1 in Utrecht or the Juridisch Loket Utrecht at Catharijnesingel 55 for free advice.
What does emergency leave in Utrecht entail?
Emergency leave falls under short-term absence leave and allows you to take temporary time off in acute crisis situations, such as the death of a family member, serious illness, or unexpected family problems that make work impossible. These situations cannot be planned or postponed. In Utrecht, the national rules under the Work and Care Act (Waz) and Civil Code (AOW) apply. Article 7:658 of the Dutch Civil Code (Bw) guarantees this right, provided you report it in time and provide proof to your employer.
The burden of proof for emergency leave in Utrecht
The burden of proof requires you as an employee to demonstrate that there is a genuine emergency. Without sufficient proof, your employer does not have to approve the leave. The law does not define this strictly; judges in Utrecht assess each case individually, such as at the Rechtbank Midden-Nederland.
You must provide documents or statements, such as:
- Death certificate in cases of bereavement.
- Medical certificate in cases of illness or accident.
- Police report in cases of incidents.
- Witness statement from a doctor, family member, or acquaintance.
Steps to comply with the burden of proof in Utrecht
Follow these steps for a smooth application:
1. Report immediately to your employer
Inform your employer in Utrecht as soon as possible. Notification within 1-7 days is often considered reasonable, depending on the crisis.
2. Gather and submit proof
Gather relevant documents quickly. Here is an overview for Utrecht:
| Emergency | Proof Examples |
|---|---|
| Death of close relative | Death certificate, sympathy card, funeral information, family statement. |
| Illness/accident | Doctor's statement, hospital discharge letter, injury photos. |
| Family crisis | Statement from support worker, police report, third-party witness. |
| Other crisis | Documents from authorities (Utrecht municipality, school, police), proof photos. |
3. Consult with employer
Talk openly with your boss in Utrecht to foster understanding. This prevents disputes and strengthens your position.
What may a Utrecht employer ask?
Reasonable questions are permitted, such as:
- Details about the emergency.
- Date and circumstances.
- Proof of severity.
No interference in private matters; if in doubt: consult the Juridisch Loket Utrecht.
Refusal of leave in Utrecht?
In the event of unjustified refusal by your employer, go to the Rechtbank Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht. Start with advice from the Juridisch Loket Utrecht, Catharijnesingel 55 for free support. Your right to emergency leave is legally protected.