Emergency leave and care leave - Legal aid centre

Questioner

My wife was admitted to the hospital on 18-09-2018. She was pregnant and had high blood pressure and preeclampsia. After examination it also turned out that she had retained a lot of fluid (this was also visible on her legs and feet). Eventually it turned out that there was also fluid in her lungs and heart. So I went straight to the hospital from work on 18-09. I then stayed in the hospital on 19-09, 20-09, 21-09 because my wife was not doing so well. On 20-09 she gave birth by caesarean section. The following week 24-09 I worked a whole day and the rest I was free from 14:00, my working hours are from 8:30 to 17:00. Last Monday 01-10 the maternity care also stopped, here too we received extra maternity care because the situation was not good with my wife. I am now going to another employer as of 1-11, and my current employer does not want to give me any more time off this week (week 40) recently the situation at home, I am currently in the red with my hours but this can be compensated with my salary and/or final settlement. Now my question is, can my current employer refuse my leave request recently the situation at home? My wife has great difficulty walking and can only lift the baby, can not walk stairs. Am I not entitled to (emergency) leave with this situation.

Lawyer

First of all, much strength to you and your wife in this difficult time. Childbirth should be pleasant and enjoyable and not accompanied by all kinds of situations. Emergency leave? -> no, you had that on 18/09. You can claim (short-term) care leave. After all, you have to take care of your wife and child. The employer must honor that. If he does not, I advise you to contact a specialized labor law attorney as soon as possible.

Questioner

First of all, thanks for your response. Suppose I am going to get care leave (I don't think they will accept it, especially since I am going to another employer), I will also have to give up hours for this. Thank you in advance for your response.

Lawyer

With care leave you are entitled to at least 70% of the salary (with the statutory minimum wage as a lower limit). As mentioned in my previous response, the employer must accept this request. Your departure does not change that. For further questions/problems -> see my previous reference. A specialized lawyer is a member of a specialist association. Usually a lawyer will mention this on the website of his/her office.