Sick leave days in the Netherlands
When speaking with non-Dutch nationals employed in the Netherlands, a common question arises: how many sick days do I have? The brief answer is: unlimited (for a maximum consecutive period of two years). However, there is much more to discuss. This article outlines the key points you need to know.
Two years of continued salary payment
Firstly, it’s important to understand that the law mandates a two-year period during which your employer must continue to pay your wages while you are ill. This payment should be at least 70% of your salary, although many employers provide 100% during the first year of illness. You can refer to your employee handbook or the collective labor agreement (if applicable) to see what applies to you. The minimum of 70% cannot be altered.
Additionally, any new illness occurring within four weeks of a previous illness will be considered part of the same continuous period for the two-year duration.
Your obligations during illness
While the above information is crucial, there are conditions tied to continued salary payments. Primarily, you are required to see the company doctor. Your employer is responsible for initiating this appointment, typically after two weeks of illness. In some cases, the first meeting may just be a phone call with the company doctor’s assistant, with a consultation with the actual company doctor occurring after five or six weeks.
The company doctor will provide guidance on your reintegration obligations, which may include performing alternative work for a limited number of hours each day. It’s vital to adhere to the company doctor’s advice, as this is essential for your salary rights. If you disagree with the company doctor, you can seek a second opinion from an occupational health provider or the Employment Insurance Agency (UWV). It’s important to note that your general practitioner (GP) has no formal role in this process, aside from potentially discussing your case with the company doctor (with your permission).
Reintegration obligations may also involve maintaining communication with your employer, participating in mediation to resolve workplace conflicts, or undertaking alternative tasks to aid your return to work. If an employee fails to meet these obligations, the employer must first issue a warning before halting salary payments.
If you remain sick
The purpose of the reintegration obligations is, of course, to facilitate your return to work. If this is not possible, the employer must explore alternatives such as different roles or adjusted tasks and hours. However, if you have not fully reintegrated after two years, your salary entitlements will end, and your employer may seek to terminate your employment. This can only happen if the employer has made sufficient efforts for your reintegration. If not, the obligation to pay your salary will be extended for another year. The Employment Insurance Agency (UWV) will make a decision on this shortly before the two-year period concludes.
Need Assistance?
If you have any questions regarding the information above or need help navigating a workplace situation, please don’t hesitate to contact our employment lawyers.
