Sick but still on vacation? It sounds contradictory, but it happens quite often. Employees who are on long-term sick leave sometimes just want to take a breather. Or they call in sick from their vacation destination. As an employer, this often raises questions. What’s allowed, and what isn’t? Below, we provide clear answers to the most frequently asked questions.
Can an employee who is sick go on vacation?
Yes, in principle, an employee who is sick is also allowed to take a vacation. A vacation can even contribute to recovery. A vacation may only be denied if it hinders recovery or reintegration. If you’re unsure about this, you can ask the company doctor for advice.
Even if the employee was already sick before the vacation, he or she may still take vacation in consultation with you. You may only deny the request if there are compelling business interests, provided you give a well-reasoned explanation.
What should an employee do if they get sick while on vacation?
If an employee falls ill while on vacation, the sick leave policy applies. The employee must immediately report sick, remain reachable, and provide their vacation address and phone number. Once they have recovered, they must also report that they are well again.
And what if you have doubts about a sick leave report from abroad?
Within the EU, an employee can register with a local agency similar to the UWV. You cannot simply recall him. Outside the EU, the situation is different. There, within reasonable limits, you may ask the employee to return for an examination by the company doctor. If that’s not possible, you may request a medical certificate stating that returning is not feasible.
What happens to vacation days if someone is sick while on vacation?
In principle, falling ill while on vacation means that no vacation days are deducted. Those days are converted to sick days, so that the employee can still use their vacation days at a later time.
There is one exception: if the employee explicitly agrees to it, sick days may be counted as vacation days. This consent must be in writing. Simply requesting vacation is therefore not sufficient.
Can you make arrangements about this in advance?
Yes. When an employee starts work or in a collective bargaining agreement, you can stipulate that sick days taken during vacation are automatically counted as vacation days. Please note: this applies only to vacation days exceeding the statutory minimum. For statutory vacation days, separate, explicit consent is always required.
As an employer, are you required to pay 100% of an employee’s wages during sick leave?
Yes. An employee on sick leave is also entitled to 100% continued pay during a vacation day taken, even if their pay during sick leave has been reduced to, for example, 70%. Thus, sick and healthy employees are treated equally when it comes to vacation.
When do accrued vacation days expire in the event of illness?
Statutory vacation days normally expire after six months. However, there is an exception for employees who are on sick leave: if they are unable to take vacation due to their illness, the days remain valid for another five years.
Employees who have partially returned to work (for example, someone who works four hours a day) must take a full vacation day if they want time off.
Conclusion
In principle, an employee who is sick may take vacation, but must follow the absence policy. Vacation days may only be deducted if explicit consent has been given.
Want to avoid any surprises? Put agreements in writing, establish a clear absence policy, and always consult the company physician when in doubt. This way, you’ll stay in control of the process and avoid disputes later on.
This blog was written by Stijn Blom, Esq., an employment law attorney at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists employers and employees on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight contracts and policies—with his practical and personalized approach, he helps employers and employees move forward. Want to learn more? Visit Stijn’s page.
Arbeidsadvocaat.nl is happy to help you if you have any questions about vacation time while on sick leave. Please feel free to contact us .
April 2025