Sick Leave in the Netherlands: What Employees Must Know in 2024

This article will cover the basic rules for sick pay, including the mandatory duties for employees and employers, how to report illness and the roles of involved individuals. 

We will also discuss the rights of employees during sick leave and the steps employers must take to ensure compliance with Dutch labour laws. If you want to work in the Netherlands as a foreigner, the following rules are crucial for effectively navigating sick leave in the Netherlands.

Allowing an employee to take sick leave is decided on a case-by-case basis between the firm and the employee. Severe injuries, such as the common cold or flu, are valid reasons for employees in the Netherlands to take a sick day.

Legal Framework

At the heart of this framework is the Dutch Civil Code, Article 7:629, which outlines the rules during illness and protects both employees and employers. The code states that employers must continue to pay their employees’ salaries for up to two years.

Companies have to pay 70% of their employees’ salary. For both longer-term illness and short-term sick leave, Dutch companies apply this rule. If 70% falls below the statutory minimum wage, the employer must raise the payment to meet the minimum limit.

Additionally, the law requires companies and employees to participate in the reintegration process and prepares the employees to go back to work as soon as they are medically ready. For employees, this includes regular checkups by doctors and following the company’s sick leave policies.

Even after resigning while on sick leave Netherlands authorities still provide unemployment benefits. A UWV doctor will evaluate the dismissal, and the workers are eligible if:

1. The dismissal is due to their psychological condition.
2. Employment would damage their health.

Employer Obligations

These responsibilities are there to support the employee’s recovery and facilitate their return to work. Key obligations include:

• Reporting illness to the Employee Insurance Agency (UWV) within four days of the employee reporting their sickness. This notice involves the UWV in monitoring the employee’s reintegration and sick leave processes.
• If the employee is partially fit for work, the company must explore suitable roles that align with the employee’s current capabilities. In this case, sick days Netherlands pay may be lowered based on how many hours the employee works.
• Sick pay may also be subject to deductions if the employee has additional income during their illness, such as payments from a private insurance policy.
• If the employee can’t return to their previous role, the employer should assist in finding an alternative position within the company or externally.
• The employer must engage a certified Arbodienst and the company doctor to oversee the employee’s health status and facilitate their reintegration.

What is Loonsanctie?

The UWV imposes a penalty when an employer doesn’t fulfil their obligations during a worker’s sick leave. If the agency believes the employer didn’t help the employee return to work, it can order the company to continue paying sick pay beyond two years.

Common reasons include inadequate communication with the employee, failure to consult with a company doctor, or failure to create a reintegration plan. If a loonsanctie is ordered, the employer pays wages until the UWV determines that the company has met the requirements.

What Are Employee Duties During Netherlands Sick Leave?

Workers in the Netherlands also have specific responsibilities during sick leave to ensure they receive the appropriate support and maintain their entitlement to sick pay. Key responsibilities are:

• Employees must report their illness as soon as possible, typically on the first day of sickness. The company’s sick leave policy may include specific procedures for reporting.
• Workers must provide accurate information about their condition, expected duration of absence, and any relevant details that may affect their ability to work. They must also regularly update the employer on their health status and any changes affecting their return-to-work plans.
• Employees must attend medical evaluations arranged by the employer and cooperate with the doctor to provide them with necessary medical information so they can accurately assess their fitness for work.
• Employees should inform the employer if their condition changes or if they can return to work earlier than anticipated, even if only in a limited capacity.

Failure to follow the employer’s sick leave policy, such as not showing up for planned medical exams or refusing to communicate or participate in reintegration, can result in the suspension of sick pay or termination of the contract.

Employees can lose sick pay if they intentionally cause the disease or engage in actions that worsen their health. Lastly, an employer can terminate an employee on sick leave for compelling business reasons, such as company closure or significant reorganisation, if the dismissal is not connected to the employee’s illness.

Sick Pay Netherlands: Contract Differences

There is no limit if you’re thinking about how many sick days per year Netherlands companies can grant. If the condition disables employees for an entire year, they will stay on sick leave and receive 70% of their wages.

Permanent employees can receive additional compensation depending on their employment contract or collective labour agreement terms.

Temporary employees receive sick pay for the duration of their contract. If the fixed-term contract ends during the illness, the employee may become eligible for sickness benefits from the UWV.

Self-employed people, such as freelancers, are not entitled to sick pay. However, they can obtain insurance through UWV or private companies.

Long-Term Sick Leave Netherlands

When an employee’s illness extends beyond two years, the focus shifts to the associated WIA benefits under the Labour Capacity Act. A medical assessment must confirm that they can’t work or can only work in a limited capacity.

After that, the employee’s earning capacity must be less than 65% of their previous salary in the Netherlands. The amount of WIA benefits is calculated based on the employee’s last earned income, their capacity to work, and the type of WIA benefit for which they are eligible.

These benefits are divided into two categories:

• WGA (Partially disabled return): For employees who can still work part-time or in a reduced capacity, the benefit amount is based on the difference between their previous full-time earnings and their current earnings capacity.
• IVA (Full invalidity benefit): For employees who are fully unable to work and have little to no chance of recovery, the benefit amount is typically 75% of their last earned salary.

Dutch Sick Leave During Holidays

If employees fall ill while on holiday, Netherlands employment law allows them to convert their holiday days into sick days, provided they follow the correct reporting procedures:

1. While abroad, they must provide a sick leave certificate from a local doctor. No medical statement is necessary when reporting illness while on holiday in the Netherlands.
2. Days taken as sick leave during a scheduled holiday do not count as vacation days. Instead, the employer registers sick leave.
3. If an employee becomes sick during part of their vacation, Netherlands firms will convert sick days to sick leave, with the remaining days counting as vacation.

Final Thoughts on Paid Sick Leave Netherlands

Mental health issues, such as burnout or depression, are increasingly recognised as legitimate reasons for taking sick leave in the Netherlands. In addition to sick leave, employees in the Netherlands have access to a range of other leave entitlements, including holiday, care leave, maternity and paternity/partner leave, and parental and adoption leave.

These leave entitlements reflect the country’s commitment to supporting employees in balancing their work and personal lives. They are one of the main reasons you should consider job offers in the Netherlands.

By following the rules, companies avoid legal penalties and support a more productive workforce. The regulations ensure that employees receive financial and medical support while protecting their jobs.