Introduction
Everyone finds themselves in an unexpected situation at work from time to time. A sick child, a medical appointment, or a sudden emergency at home—what are your rights as an employee in such cases? In these situations, labor law provides a solution through emergency leave or care leave. This blog explains when you’re eligible for these types of leave and what your rights and obligations are.
What exactly is emergency leave?
Emergency leave, also known as short-term leave, is intended for unexpected, urgent situations that require immediate action. Contrary to what many people think, you do not have to use vacation days in such cases. In principle, your salary continues as usual during emergency leave.
This type of leave is short-term and intended to resolve an urgent situation. The duration of the leave is determined by what is reasonably necessary: it could 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 in which immediate action 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 of working hours.
- A household problem, such as a burst water pipe.
- The requirement to vote during work hours, if it cannot be done at another time.
- Supporting your partner during an unexpected delivery.
Please note: This leave applies only for the period that is strictly necessary. Once the situation is under control, you are expected to return to work or take other types of leave.
What about pay during emergency leave?
During emergency leave, you are generally entitled to full continued pay. However, your employer may ask you to provide evidence that the leave was taken for a valid reason. This could include confirmation of a medical appointment or a notice from the school. Full transparency helps prevent 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 may be eligible for short-term care leave. This leave is intended to provide necessary care for:
- Your child
- Your partner
- A parent
- A roommate or someone else with whom you have a social relationship
The entitlement to short-term care leave is limited to a maximum of twice the number of workdays 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 continue to receive at least 70% of your wages, unless a more favorable provision is included in the collective bargaining agreement or your employment contract.
Conclusion
Emergency leave or caregiving leave gives employees the flexibility to act quickly and effectively in urgent or caregiving situations, without having to use vacation days or sacrifice income. It’s important to choose the right type of leave and to discuss it with your employer in a timely manner. This helps maintain a good work-life balance, even in stressful situations.
This blog was written by Stijn Blom, Esq., an employment law attorney at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists employers and employees on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight agreements and policies—with his practical and personalized approach, he helps employers and employees move forward. Want to learn more? Visit Stijn’s page.
Arbeidsadvocaat.nl is happy to assist you if you have any questions about emergency leave or caregiving leave. Please feel free to contact us .
April 2025