{"id":6063,"date":"2025-04-18T16:32:40","date_gmt":"2025-04-18T13:32:40","guid":{"rendered":"https:\/\/arbeidsadvocaat.nl\/do-you-keep-your-vacation-days-if-youre-sick\/"},"modified":"2026-08-16T15:46:33","modified_gmt":"2026-08-16T12:46:33","slug":"do-you-keep-your-vacation-days-if-youre-sick","status":"publish","type":"post","link":"https:\/\/arbeidsadvocaat.nl\/en\/do-you-keep-your-vacation-days-if-youre-sick\/","title":{"rendered":"Do you keep your vacation days if you’re sick?"},"content":{"rendered":"\n

Introduction<\/strong><\/h4>\n\n

Vacation days are intended for rest and recovery, but what happens if an employee is on long-term sick leave? Do those days automatically expire, or are they carried over? And can an employer simply reclassify sick days as vacation days? A recent ruling by the North Holland District Court<\/a> examined this issue. The case shows that employees retain their right to vacation days while on sick leave, unless strict conditions are met. <\/p>\n\n

The Situation: Long-Term Illness and Termination of Employment<\/strong><\/h4>\n\n

This case involved a courier who was on long-term sick leave. After two years of illness, his employment contract was terminated. He had not taken any days off during his illness. Under the collective bargaining agreement, he was entitled to twenty days of vacation per year, and he wanted to be paid for those days at the end of his employment. <\/p>\n\n

However, the employer argued that some of the statutory days had expired, and that the employee had already been advised of the importance of taking the remaining days. The employee allegedly ignored that advice. The subdistrict court judge ruled otherwise. <\/p>\n\n

Sick days should not simply be counted as vacation days<\/strong><\/h4>\n\n

The judge emphasized that sick days cannot automatically be converted into vacation days. This is permitted only if the employee expressly consents to it. Even if an employee requests vacation while on sick leave, that does not necessarily mean he agrees to use those days for that purpose. The employer must be able to prove that the employee unambiguously agreed to use his vacation days while on sick leave. That proof was lacking. <\/p>\n\n

The expiration of vacation days requires the employer to take proactive action<\/strong><\/h4>\n\n

Statutory vacation days expire six months after the year in which they were accrued. However, this expiration does not apply automatically if an employee is on long-term sick leave. The employer must demonstrate that: <\/p>\n\n