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Care Leave Refusal Utrecht: Your Rights

Care leave refused in Utrecht? Discover your legal rights, when refusal is invalid, and how to take action at the Midden-Nederland District Court. Practical step-by-step plan for Utrecht residents.

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

If your employer in Utrecht rejects your care leave application, you do not have to accept it just like that. Dutch law protects employees, but employers sometimes violate this. This article discusses what care leave entails, valid reasons for refusal, and concrete steps, including local institutions such as the Juridisch Loket Utrecht and the Midden-Nederland District Court.

What does care leave entail?

Care leave provides unpaid leave for caring for a sick family member in the Netherlands, regulated via the Care Leave Act and Civil Code (arts. 7:613a-7:613e CC). You may take up to 26 weeks of short-term leave per year, or long-term with limits on working weeks.

When may an employer in Utrecht refuse care leave?

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

  • You are employed, even during probationary period.
  • It concerns a family member (child, partner, parent, sibling, or dependent).
  • That person is care-dependent due to illness, disability, or terminal phase.
  • You apply in a timely manner (as soon as possible, within a reasonable term).
Refusal is only possible in cases of:
  • Late application (submitting urgent care months later).
  • Serious business interest, such as major damage to operations – rare and must be proven.

Legal basis

Key articles:

  • Art. 7:613a CC: basic rules for 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 agreement (CAO) for extras such as paid leave. In Utrecht, sectoral CAOs often apply stricter standards.

Action in case of care leave refusal in Utrecht

In case of unlawful refusal, follow these steps:

Step 1: Request written explanation

Demand a reasoned letter:

  • Makes reasons clear.
  • Serves as evidence for proceedings.
Model letter: 
"Dear [Employer],
I would like to receive in writing the reason for refusing care leave for [family member]. This helps me assess my options.
Kind regards,
[Name]"

Step 2: Talk to employer

Consult with HR or boss for compromises such as:

  • Partial leave.
  • Flexible work or home options.
  • Postponement if feasible.
Tip: Involve a colleague or trade union.

Step 3: Local help in Utrecht

No solution? Go to:

  • Juridisch Loket Utrecht, Catharijnesingel 55 – free advice (tel: 0900-8020).
  • Midden-Nederland District Court, Vrouwe Justitiaplein 1 – for summary proceedings in urgent need.
  • Trade union or labor mediator for mediation.

Step 4: Legal steps

If unlawful: start proceedings via the subdistrict court. You can demand continued payment of wages and claim damages. Keep all correspondence.

Extra tips for Utrecht

In the Utrecht region, disputes are more common in healthcare and education sectors. Document care needs with a doctor's certificate. Successful cases at the Midden-Nederland District Court emphasize strict scrutiny of 'business interest'.