Understanding sick leave in the Netherlands

Working in the Netherlands as an expat comes with its fair share of adjustments. Understanding your rights when you're sick is one of them. Dutch labour law provides protections for employees on sick leave, but there are also responsibilities that come with those regulations.

This article will guide you through key concepts, including reporting illness, wage continuation, reintegration, and medical privacy. Whether you're new to the country or simply looking to better understand your situation, this article aims to provide clarity in what can often be a confusing period.

Reporting sick

The first step when you’re too sick to work is to report your illness to your employer as soon as possible, usually before the start of your working day. Each employer has its own protocol, but Dutch law expects this notification to be timely.

Importantly, you are not required to disclose your diagnosis or detailed symptoms. You are obliged to tell your employer where you can be reached.

If you are on vacation when you fall sick, it is important that you still inform your employer, as you will not be using up vacation allowance while you are sick. In the event that travelling while sick would be beneficial, for example, to visit family or a specific healthcare facility, you must secure permission from the company doctor. That way, the time will be counted as part of your reintegration plan rather than as vacation days.

Key figures

Several medical professionals are involved in assessing work-related health issues.

Firstly, the bedrijfsarts (company doctor). This is a registered occupational physician, often contracted through an arbodienst (occupational health service). They assess your ability to work and play a central role in your reintegration.

There is also the arbo-arts (occupational health physician). This is a doctor who performs duties within the occupational health and safety service, but is not a registered company doctor. The occupational health physician may only work under the supervision of a registered company doctor and may not carry out independent medical assessments themself. They are only allowed to give medical advice under supervision, inform on progress and taxability, and provide information on work and health.

Only the company doctor can give binding opinions on work capability.

The statutory role of the company doctor is to inform the employer about:

• Whether you are unable to perform your contracted work as a result of a sickness
• How long it is expected to last and what the expected target of reintegration is
• Whether you are fit to perform any work at all
• If the illness is (partly or entirely) work-related
• If the treatment is adequate

Finally there is the UWV-deskundige. This is a medical expert from the UWV, the government body that evaluates longer-term work incapacity and benefit eligibility. After two years of illness, they assess whether you're entitled to a WIA (disability) benefit.

You are also entitled to request a deskundigenoordeel (expert opinion) from the UWV medical expert, if you feel your reintegration is not progressing as it should. 

Talk to Mr. Berendsen Advocaten to understand your rights and obligations

Wages during illness

Under Dutch law, your employer must continue to pay at least 70% of your salary during the first two years of illness. This is capped at 70% of the maximum daily wage, which is currently €6.322 per month. Many collective labour agreements (CAOs) and individual labour contracts increase this to 100% for at least part of that period.

However, there are conditions, including:

• You must cooperate with reintegration efforts
• You must be reachable and follow reasonable instructions from your employer or company doctor

Non-compliance can lead to sanctions, such as suspension or termination of wage payments.

Pregnant and sick?

While outside the scope of this article, it is worth noting that pregnant women enjoy exceptional protection under the law.

Reintegration

Reintegration is a key pillar of Dutch sick leave policy. Both employer and employee must actively work toward your return to work, even if it's not your original job.

A reintegration plan typically involves:

• Regular consultations with the company doctor
• A plan van aanpak (plan of action), drawn up jointly
• Possibility of adjusted duties or working fewer hours
• Two-year maximum for reintegration with your current employer
• If recovery at your original job is not possible, you may need to cooperate with finding alternative employment at another company (second track reintegration)

Medical privacy

Dutch privacy law is strict when it comes to medical information. Your employer should not ask for, or keep records of, your diagnosis, treatment or medical history. Only the company doctor is allowed to handle your medical information.

Legal consequences of sickness

Sick leave does not protect you unconditionally from termination of your employment contract, but Dutch law makes dismissal during illness more difficult. Employers may only dismiss a sick employee if:

• The two-year wage payment period has ended
• They have made reasonable reintegration efforts
• The UWV grants permission

Dismissal for other reasons (for example, company closure) can happen, but must follow strict guidelines. If you're unsure, always consult a legal expert, especially if your contract is at risk during sick leave.

Know your rights

Falling ill while employed can present significant concerns, especially for expats who may not be familiar with or understand the system fully. Fortunately, Dutch labour law aims to safeguard employees’ rights while promoting reintegration into the workplace. 

A clear understanding of your rights and responsibilities is essential to ensuring compliance and maintaining a constructive relationship with your employer during your period of incapacity.