Care leave: short-term and long-term leave for a loved one

1. For whom and for what care?

The scheme may apply to a sick child, partner, parent or other loved one. Someone outside the family can also fall within the legal circle if the social relationship makes the care reasonable. In the case of necessary care, it is important whether you are the one who has to provide this care, given the circumstances. The mere existence of a family bond is not enough.

Describe the actual care task: for example, guidance after a procedure, assistance with daily care or supervision that is medically necessary. Investigate what help is already available and why it is inadequate. Care leave does not have to be used exclusively in the Netherlands. When caring for a loved one abroad, you must be able to explain the same necessity and the desired absence.

2. Short-term care leave and the hours allowance

For short-term care leave, the legal maximum is 2 times your agreed working hours per week in a period of 12 months. If you work 24 hours a week, this is a maximum of 48 hours. The period starts with the first day of leave; it is therefore not simply a calendar year that starts again on January 1.

You can take short-term care leave several times as long as you remain within the maximum and meet the conditions each time. Track leave taken by date and number of hours. If your working hours change or you have previously used leave with the same employer, let HR explain the available hours. A balance in the portal in itself says nothing about the need for a new application.

3. Long-term care leave and a feasible schedule

Long-term care leave may be appropriate when caring for someone who has a life-threatening illness. It may also involve a longer period of illness or need for care where care is necessary and you must provide it given the circumstances. Not every structural informal care task automatically meets all conditions. If in doubt, have the specific situation assessed.

The legal scope is a maximum of 6 times your weekly working hours in 12 months. With 24 hours per week that is 144 hours, not a fixed number of calendar days. Make a schedule that shows during which working hours you provide care and which hours you continue to work. Discuss an evaluation moment, because the care needs can change after treatment or hospital admission.

4. View payment, vacation and pension in advance

During short-term care leave, the main statutory rule requires the employer to pay at least 70% of wages, subject to the applicable minimum-wage floor. Long-term care leave is in principle unpaid. A collective agreement or permitted collective arrangement can set different terms. Ask which exact provision applies to you; the general label on a leave form is not enough.

Statutory annual leave continues to accrue during care leave. Those days cannot simply be used to pay for statutory care leave. Check your own scheme for additional annual leave and pensions. If your income drops for a longer period, also ask what changes to report for income-related allowances. A lower gross payment does not automatically update every other scheme.

5. Report, request in writing and limit evidence

Report short-term care leave as soon as possible. Indicate why the care is necessary and how many working hours you expect to miss. The employer may subsequently ask to demonstrate that the leave was necessary. Share appropriate information about the need and planning, but as a precaution, do not send out a complete medical file of your loved one.

Apply for long-term care leave in writing, in principle at least 2 weeks before your preferred start. State the duration, total hours and distribution. Include only the information needed to assess the application. In an unforeseen emergency, ask immediately about a temporary solution; an application for long-term leave and a notification of an acute emergency serve different purposes.

6. When can an employer object?

An employer cannot refuse short-term or long-term care leave merely because it is inconvenient. The statutory test requires compelling business or service interests; the official explanation refers to serious problems for the business. Ask which specific staffing, safety or service issue is at risk and why a different distribution of hours cannot resolve it.

The timing of an objection is important. Once leave has legally started, the employer cannot withdraw it at any later time. Also check the collective labor agreement and the procedure that applies to your type of leave. Do not tacitly accept a verbal refusal as final, but ask for confirmation and timely advice before allowing a conflict about unauthorized absence to arise. For short care leave, the employer may still object immediately after notification because of serious business problems. If it does not, the government says the leave cannot later be stopped. Record notification, response and start time; it likewise says long care leave cannot be stopped once begun.

7. Demarcation with emergencies, illness and other agreements

If your child suddenly becomes ill at school, emergency leave may be appropriate for collection and immediate arrangements. Short-term care leave may be an option for the necessary care afterwards. If you are ill and therefore incapacitated for work, your own reporting of illness is part of the absenteeism route. The same hours are not stated at the same time as full working hours, illness and care leave.

If the statutory amount of leave is insufficient, discuss additional leave, schedule changes or temporarily working less. Record whether this is paid or unpaid and when the agreement ends. Save the request, the answer and the time registration in one file. In the event of a dispute, these documents help to distinguish between a discussion about the need for care, the schedule and the salary.

Practical checklist

• Check relationship, necessity of care and available alternatives.
• Note the first day of leave and hours already taken per leave type.
• Look up the applicable collective labor agreement or collective leave scheme.
• Request long-term leave in writing in a timely manner with a schedule of hours.
• Check pay slip, holiday accrual and any pension consequences.