Tracking vacation days: the responsibility lies with the employer
Vacation is wonderful, but for employers, keeping track of vacation days can be quite a headache. Who records what is taken? What if a disagreement arises at the end of employment? And as an employer, how do you avoid having to pay for days you think have long since been taken? Recent case law shows that sloppy or missing leave records are almost always the employer's responsibility and risk. In this blog we explain three court rulings and give concrete action points to prevent legal damage.
Employee's records prevail if employer cannot produce anything
In a recent ruling by the Overijssel District Court, a former employee claimed payment for 18.5 unused vacation days in his final settlement. He had tracked these days himself, while the employer could not produce anything that refuted his statement. The court ruled that in that case the employee's records are leading and awarded an amount of €1,966.09.
The lesson is clear: if you as an employer cannot produce conclusive records, and the employee does make a substantiated statement, you will be left empty-handed in court.
Vacation days accrued during illness may not be written off at will
Another case involved a dispute between an employee and a notary's office. The employee had been ill for an extended period of time and, according to the employer, could have taken vacation during that time. The employer therefore deducted four weeks of vacation from the accrued balance. The court did not go along with this. Not only did the employer not have proper leave records, it had also failed to point out to the employee that accrued vacation time during illness can lapse if not taken in a timely manner. And that, the judge stressed, is an explicit obligation of the employer. Result: the full hours of leave still had to be paid out, amounting to €13,836.92.
Offsetting alleged minus hours? Not without substantiation
In a third ruling, an employer claimed payment after the end of employment for 14 days of leave it claimed the employee had taken in excess. According to the employer, the employee had to repay €1,345.71. The justification? The employer had checked on which days less than 8 hours had been declared in the timekeeping system. The subdistrict court resolutely rejected this claim. First, the system used was intended for billable hours and not for leave registration. Second, during his employment, the employee never structurally received an overview of his leave balance. Thus, according to the judge, there was no proper leave administration, and the lack of leave hours could not be proven.
Three action items for employers
The common thread in these rulings is crystal clear: It is the employer's job to keep careful records of vacation days. If you don't, you bear the risk. So make sure of the following:
- Maintain current and understandable leave records. Always have employees submit leave requests through an established system and keep consistent records. Record days taken and accrued each year.
- Regular reporting to employees. Give employees periodic statements of their leave balances (for example, quarterly or semi-annually) for review and approval. This prevents discussions afterwards.
- Educate on expiration periods. Actively inform employees that legal vacation days have a six-month expiration period. Do this in writing as well, so you can show that you have fulfilled your duty to inform.
Conclusion
Whether it's days taken during illness, alleged minus hours or forgotten vacations, the courts look critically at what the employer did or did not record. In all cases where the employer could not produce clear records, the employee was vindicated. The financial consequences can be substantial. The message is simple: as an employer, you are ultimately responsible for leave administration. Invest in a good system, give your employees insight and be alert to your information obligations. It prevents nasty surprises and expensive procedures.
This blog was written by mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs and employees on a daily basis with a variety of employment law issues. From dismissal cases to drafting watertight contracts and regulations - with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about vacation days. Please feel free to get in touch .
April 2025
