Clarity on Dutch Holiday Leave for Employees on Sick Leave

As the summer holiday season approaches, multinational employers often have questions about how to handle Dutch holiday leave for employees on sick leave. There is frequently confusion about the implications for continued salary payments and eligibility under sick leave insurance. Here’s what employers in the Netherlands need to know.

Just like any other employee, an employee who is partially or fully unfit for work retains the right to take statutory holiday leave. Approval of the holiday and the deduction from the accrued leave balance should always be based on mutual agreement between the employer and employee, potentially in consultation with the company doctor.

Employees on sick leave continue to accrue statutory holiday days, just as healthy employees do. Non-statutory (extra) holiday accrual also continues unless different arrangements have been made in the employment contract or applicable collective labor agreement (CLA).

When an employee on sick leave takes approved holiday leave, they are entitled to 100% of their regular salary for the duration of the leave period. This leave is then deducted from their holiday balance, just like for any other employee. Importantly, during the approved holiday, the employee is fully exempt from reintegration obligations.

Since holiday leave is not considered part of the sick leave period, it is typically not covered by the employer’s sick leave insurance in most cases. However, if the employee decides not to use holiday leave and remains officially off due to illness, the employer may still be eligible for insurance compensation under the policy’s terms.

Employers need to assess each situation carefully and, when in doubt, consult with their insurance provider or legal advisor to avoid unexpected issues related to salary payments or insurance coverage.

 

This information about holiday leave for employees on sick leave is provided by Schouten Zekerheid, Asinta’s employee benefits consulting Partner in the Netherlands. If you need support with your employee benefits in the Netherlands, please contact Asinta, and we will connect you with their local experts.