Introduction
Vacation is meant for rest and recovery, but what if you get sick during your vacation? Many employees don't know exactly what their rights and obligations are in such a situation. In this blog, we explain what rules apply when sick during vacation, how to report sick correctly, and why a doctor's note can be essential. This will prevent misunderstandings with your employer and protect your vacation days.
Sick during vacation: what rules apply?
If you become ill during your vacation, the same rules apply as for illness during working hours. You retain the right to continued pay and can keep your vacation days for the days you are incapacitated.
The law states that, in principle, sick days may not be classified as vacation days. As a result, these vacation days remain and you can still take them at a later time. This is especially important if you had carefully planned your vacation and are unexpectedly caught off guard by illness.
For statutory vacations (four times the number of working hours per week), this right is established by law. For vacations different rules may apply. Employers may make other agreements about these extra days in employment contracts or collective bargaining agreements. So always check what agreements apply within your organization.
What should you do if you get sick during your vacation?
If you become ill, it is important to take action as soon as possible. Follow the steps below to fulfill your obligations:
- Reporting sick to your employer: Do this as soon as you notice you are sick, and follow the procedures in place within your organization. You will often need to contact them by phone or file a sick report through a portal.
- Stay accessible: The employer or company doctor must be able to reach you to assess the severity of your illness, for example. Keep an eye on your phone and e-mail.
- Passing on recovery: Are you better again? Then report this to your employer right away, so that your reintegration or resumption of work is handled appropriately.
Sick abroad: extra care
When you get sick abroad, it becomes even more important to act carefully. Communication is more difficult and you are further away from your employer. Many employers require a doctor's statement when sick abroad. This statement is meant to prove that you are actually sick and thus entitled to continued pay and vacation days.
Please note the following when arranging for a doctor's note:
- Be sure to consult a doctor locally as soon as you develop symptoms.
- Ask for a statement stating that you are disabled and as of what date.
- Do not share medical details: you are not required to provide the nature of the illness or treatment. It is only about the degree of disability.
Such a statement helps avoid discussions with the employer upon your return and makes your position legally stronger.
Conclusion
Getting sick during vacation is annoying, but fortunately the law offers protection to employees. Provided you take the right steps, you will keep your vacation days and avoid unnecessary discussions with your employer. Be proactive in your communications and make sure you can always provide a medical certificate when you fall ill abroad.
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 illness during vacation. Please feel free to contact us .
April 2025
April 2025
