In the Netherlands, as an employee, you are entitled to continued payment of your salary when you are ill. Sick leave not only impacts your own situation, but also your relationship with your employer. How long does an employer have the obligation to continue paying salary during illness, and what are the conditions? In this blog you can read all about your rights and obligations when you are sick.
How long do you get salary during illness?
If you have a permanent contract, your employer is obliged to continue paying your salary for at least two years if you are sick. This is relatively long compared to other countries, where continued payment often lasts only a few days or weeks. During these two years, the employer also has the responsibility to reintegrate you. This means that they must try to get you back to work, for example by offering modified work. If the employer does not cooperate sufficiently in this, the UWV can even extend the illness period to three years.
Sick pay and amount of payout
The law states that you must receive at least 70% of your salary during illness, with a minimum of the legal minimum wage in the first year. In practice, however, most employers often pay a higher percentage. For example, in many cases you get paid 90% of your salary for the first year and 70% for the second year. However, the exact amounts can vary depending on your collective bargaining agreement or employment contract. If your employer did not pay you the correct salary, you can recover it for up to five years, with interest and a raise.
When are you not entitled to salary?
There are exceptions to the right to salary during illness. If you intentionally caused your illness, such as by a cosmetic procedure that was not medically necessary, you are not entitled to continued pay. This also applies to other cases where the illness or absence is beyond your control.
Waiting days and sick days
When you are sick, your employer may apply a maximum of two waiting days. This means that in the first one or two days of illness, you will not receive salary, although this is not common. If you recover from an illness and get sick again less than four weeks later, this is considered one sick period. If there are more than four weeks between the two periods of illness, you are again entitled to up to two years of salary during illness.
Termination of contract after long-term illness
After two years of illness, if the employer has done enough to reintegrate you, he can terminate your employment contract. In this case, you are entitled to a statutory transition compensation. This applies under the condition that your employer demonstrates that he has made every possible effort to get you back to work.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – 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 sick leave. Please feel free to contact us .
April 2025
