Care Leave Refusal Grounds in Utrecht: when may your employer say no?
Care leave is a statutory right for employees in Utrecht and throughout the Netherlands to take temporary leave to care for a sick or seriously disabled family member. However, an employer may refuse this under strict conditions. This article discusses the refusal grounds, your options and local resources such as the Juridisch Loket Utrecht.
What exactly is care leave?
Care leave, regulated in the Work and Care Act (Wet arbeid en zorg - Waz), provides unpaid leave for intensive care for close relatives such as child, partner or parent. Two variants:
- Short-term care leave: up to 26 weeks per year, flexibly taken.
- Long-term care leave: for chronic care needs.
Employers in Utrecht have obligations, but also limited refusal options.
Statutory basis in the Work and Care Act
The Waz (since 2019) regulates this in articles such as:
- Art. 2.1 Waz: Definition and entitled persons.
- Art. 2.2 Waz: Duration short-term leave.
- Art. 2.3 Waz: Long-term leave in case of serious need.
- Art. 2.4 Waz: Refusal grounds.
- Art. 2.5 Waz: Application procedure.
According to art. 2.4 Waz, refusal is only permitted in cases of:
- Failure to meet conditions (care recipient does not fit the definition).
- Unreasonable burden on the company.
- Insufficient information provided.
Refusal grounds explained for Utrecht employees
Employers may only refuse on motivated grounds:
1. Care recipient does not meet criteria
Art. 2.1 Waz requires: serious illness/disability, intensive care needs and close relationship (partner, child, parent, housemate with intensive contact). Example: A distant cousin usually does not count, unless intensive contact is proven. In case of unjustified refusal: proceed to the cantonal court.
2. Unreasonable impact on company
If replacement is impossible or costs too high, refusal is permitted. However: the employer must explore alternatives, such as part-time leave.
3. Incomplete application
You must notify at least 2 weeks in advance (earlier in emergencies) with details about the care situation. Evidence such as a medical certificate helps.
What to do in case of refusal in Utrecht?
1. Request written motivation.
2. Check if the ground is valid.
3. Negotiate an alternative.
4. Seek assistance:
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht. Free advice: call 0900-8020 or visit for personal guidance.
- Rechtbank Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht. For proceedings at the cantonal court.
Locally: Utrecht trade unions such as FNV also offer support for care leave disputes.
Protecting your rights
Refusal may not be grounds for dismissal. In case of abuse: report to UWV or legal advice centre. Keep documenting for a strong file. With this knowledge, you effectively address refusal in Utrecht!