Emergency leave (calamiteitenverlof) under Dutch law
Emergency leave (calamiteitenverlof) is a short, fully paid form of leave that employees in the Netherlands may take for urgent personal circumstances that arise unexpectedly and require immediate attention. It is regulated in Article 4:1 of the Work and Care Act (Wet arbeid en zorg, WAZO) and is sometimes also referred to as force majeure leave (kort verzuim or verlof wegens zeer bijzondere persoonlijke omstandigheden).
Emergency leave covers situations such as a sudden serious illness of a close family member, the death of a relative, an emergency at home (for example a burst pipe or fire), or a situation that requires the employee's immediate presence. The leave lasts for as long as strictly necessary to address the emergency - typically from a few hours to a day or two. The employer must pay full salary during emergency leave. The right to emergency leave under Article 4:1 WAZO is unwaivable - the employer cannot impose advance notice requirements or conditions, given the inherent urgency of the situations covered. Any deduction from wages on account of genuine emergency leave is impermissible.
Distinction from caregiver leave and special leave under Dutch law
Emergency leave is distinct from caregiver leave (zorgverlof), which is used for a sustained period of care for a seriously ill person. Emergency leave covers the first, immediate response to a crisis situation. Once the acute emergency has passed, the employee should switch to caregiver leave or another applicable form of leave if ongoing absence is needed.
Many collective labour agreements and employee handbooks (personeelshandboek) contain provisions on special leave (bijzonder verlof) for events such as the birth of a child, a wedding, or a bereavement. These contractual arrangements complement but do not replace the statutory emergency leave right. The Dutch CC provides additionally for unpaid political leave for employees who are members of Parliament or municipal councils (Article 7:643 of the Dutch Civil Code), and the Work and Care Act contains various other statutory leave forms, all of which represent minimum entitlements that collective agreements may supplement but not reduce.
Procedure for taking emergency leave in the Netherlands
The employee should notify the employer as soon as possible, ideally before the absence or immediately upon it. The employer may ask for a brief explanation of the circumstances. The employee is not generally required to provide documentary evidence for genuine emergencies, although the employer may request confirmation after the fact. Refusing to grant genuine emergency leave constitutes a breach of the employer's duty of good employer practices under Article 7:611 of the Dutch Civil Code.