Introduction
Everyone occasionally encounters an unexpected situation during working hours. A sick child, a medical appointment or a sudden emergency at home - what are your rights as an employee then? In such cases, labor law offers a solution through emergency leave or care leave. This blog explains when you can claim these forms of leave, and what your rights and obligations are in doing so.
What exactly is emergency leave?
Emergency leave, also called short leave, is for unexpected, urgent situations where you need to act immediately. Contrary to what many people think, you do not have to take vacation days in such cases. During emergency leave, your salary basically continues as usual.
This type of leave is short-term and designed to resolve the acute situation. The duration of the leave is determined by what is reasonably necessary: it can be a few hours, or a day.
In what situations are you allowed to take emergency leave?
Emergency leave applies to a variety of situations where immediate intervention is necessary. Examples include:
- Having to suddenly pick up a sick child from school or daycare.
- An urgent medical appointment that cannot be scheduled outside working hours.
- A home problem such as a burst water pipe.
- Having to vote during working hours if not possible at another time.
- Assisting your partner with an unexpected delivery.
Please note that the leave is only for the duration strictly necessary. Once the situation is under control, you are expected to resume work or use other forms of leave.
What about pay during emergency leave?
During emergency leave you are in principle entitled to full pay. However, the employer may ask you to prove that it is justified to take the leave. Think of a confirmation of a medical appointment or a report from school. Full transparency helps avoid misunderstandings.
When can you take short-term care leave?
If the situation lasts longer - for example, if you need to temporarily care for a sick family member - you can claim short-term care leave. This leave is for the necessary care of:
- Your child
- Your partner
- A parent
- A roommate or other person with whom you have a social relationship
Entitlement to short-term care leave is a maximum of twice the number of working days per week per year. For example, if you work four days a week, you are entitled to eight days per twelve months. During this leave, you will be paid at least 70% of your salary, unless a more favorable arrangement is included in the collective bargaining agreement or employment contract.
Conclusion
Emergency leave or care leave offer employees the space to act quickly and effectively in acute or caregiving situations, without sacrificing vacation time or income. It is important to choose the right type of leave and consult with your employer in a timely manner. In this way, work and personal life remain well balanced, even in stressful situations.
This blog was written by mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs and employees on a daily basis with a variety of employment law issues. From dismissal cases to drafting watertight contracts and regulations - with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about emergency leave or care leave. Please feel free to contact us .
April 2025
