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Emergency Leave Utrecht: Duration Rules and Your Rights in Central Netherlands

Emergency Leave in Utrecht: learn everything about the statutory duration (1-2 days), your rights to paid leave and obligations in serious emergencies such as death or illness. Local assistance via District Court Central Netherlands.

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Emergency Leave: Duration Rules and Your Rights

Emergency leave is a form of leave that employees in the Netherlands can take in the event of serious personal circumstances, such as the death of a close relative or a serious illness. However, the duration of this leave is strictly regulated. In this article, we explain how long emergency leave lasts, who is entitled to it and what steps you must take in Utrecht and surrounding areas.

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 close relative (such as a parent, child, partner or sibling).
  • A serious illness or accident of a close relative.
  • A serious emergency in your own life, such as a fire or flooding.

The main law regulating emergency leave is the Work and Care Act (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 Utrecht, in case of disputes, you can go to the District Court Central Netherlands, Vrouwe Justitiaplein 1.

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 close relative.
  • 1 day in the event of a serious illness or accident of a close relative.

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.

In some cases, your employer may grant additional days, for example as provided for in the CAO or as laid down in your employment contract. It is therefore advisable to check whether your employer applies stricter or more lenient rules. For advice in Utrecht, you can go to the Utrecht Legal Advice Centre, Catharijnesingel 55.

Emergency Statutory duration CAO/employment contract
Death of close relative 2 days May be longer (e.g. 3-5 days)
Serious illness/accident of close relative 1 day May be longer (e.g. 2-3 days)

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 emergency and the leave.
  • You must prove that the emergency actually occurred (e.g. by means of an obituary notice or medical certificate).
  • You may not misuse 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.

Practical examples

Example 1: Death of a parent

Suppose your mother dies 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 an emergency. 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 immediate surgery. You take 1 day of emergency leave to be with your child in the Utrecht hospital. You do not need to take sick leave and your wages will be paid.

Example 3: Fire in your home in Utrecht

A fire breaks out in your home on the Oudegracht. You immediately report emergency leave to arrange the situation with insurance and emergency services. You are entitled to leave for the first hours/day to deal with the acute emergency.

Assistance in Utrecht

For questions or disputes about emergency leave in Utrecht:

  • District Court Central Netherlands: Vrouwe Justitiaplein 1, Utrecht
  • Utrecht Legal Advice Centre: Catharijnesingel 55, Utrecht (free adv