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Care Leave Refusal: Your Rights

Employer refuses care leave? In Tilburg, as an employee, you have clear rights. Discover the step-by-step plan, local resources, and how to proceed under the Care Leave Act.

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

If your employer in Tilburg rejects your application for care leave, you may not know what to do. Dutch law protects employees, but employers sometimes violate it. This article discusses care leave, valid refusals, and actions, with local Tilburg support.

What is Care Leave?

Care leave is unpaid leave for caring for a sick family member, regulated in the Care Leave Act and Civil Code art. 7:613a-7:613e. It includes short-term leave (max. 26 weeks/year) or long-term (with limits).

When May Care Leave Be Refused in Tilburg?

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

  • You are employed (including probationary period).
  • It concerns a family member such as child, partner, parent, sibling, or dependent.
  • Care is needed due to illness, disability, or terminal phase.
  • Application is timely (reasonable notice).
Refusal only in cases of:
  • Late application (not urgent).
  • Business interests with compelling evidence of harm.

Legal Basis

Key articles:

  • Art. 7:613a Civil Code: Basic rules for care leave.
  • Art. 7:613b Civil Code: Conditions for taking leave.
  • Art. 7:613c Civil Code: Employer obligations.
  • Art. 7:613d Civil Code: Grounds for refusal.
Check your collective bargaining agreement (CBA) for extras such as paid leave. In Tilburg, sectoral CBAs often apply.

Actions in Case of Care Leave Refusal in Tilburg

In case of unjustified refusal, follow these steps:

Step 1: Request Written Explanation

Demand motivation in writing for evidence. Sample Letter: 

"Dear [Employer],
I would like to receive in writing the reason for refusing care leave for [family member]. This helps me evaluate my rights.
Kind regards,
[Name]"

Step 2: Discussion with Employer

Discuss for compromises such as:

  • Partial leave.
  • Flexible hours or remote work.
  • Postponement if possible.
Tip: Involve a colleague or trade union.

Step 3: Local Assistance in Tilburg

Seek free advice from:

  • Tilburg Legal Aid Office, Spoorlaan 364. Call 0900-8020 or make an appointment for care leave disputes.
  • District Court Zeeland-West-Brabant, Wilhelminapark 100, Tilburg. For subdistrict court proceedings in case of refusal.
  • Trade union such as FNV or CNV for CBA support.

Step 4: Legal Proceedings

No solution? Initiate proceedings at the subdistrict court (no lawyer needed up to €25,000). You can demand continued salary payment and claim damages.

Extra Tips for Tilburg

Document everything. In Tilburg, local trade unions assist with negotiations. For urgent care: emergency leave as an interim option.

Last update: 2023. Consult Legal Aid Office for current advice.