Sick leave in the Netherlands can feel very different from sick leave in other countries.
In many countries, employees need a doctor’s note, have a fixed number of paid sick days, or lose income quickly when they cannot work. Dutch employment law works differently. In the Netherlands, sick leave is connected to salary continuation, privacy protection, the company doctor and a structured reintegration process.
For employees, this means strong protection, but also important obligations.
For employers, it means that a sick report is not only an HR issue. It creates legal, financial and reintegration duties that must be handled carefully.
This guide explains the main rules on sick leave employment law in the Netherlands, including sick pay, privacy, the company doctor, reintegration, dismissal protection, burnout, vacation days and settlement agreements.
This article is general information as of June 2026. Your employment contract, CAO, immigration status, UWV position and personal facts can change the legal outcome.
Sick leave in the Netherlands: the key rules in brief
In the Netherlands, an employee who is unable to work due to illness usually remains employed and continues receiving salary. The employer must generally pay at least 70% of the employee’s last-earned wages for up to 2 years, and the employer and employee must both work on reintegration.
That does not mean the employee can simply stay away without contact.
The employee must report sick according to the employer’s sickness protocol, remain reasonably reachable, cooperate with the company doctor and participate in suitable reintegration steps where medically possible.
At the same time, the employer may not act as a doctor. The employer cannot demand a diagnosis, cannot pressure the employee to disclose private medical details and cannot simply dismiss the employee because they are sick. Business.gov.nl states that employers may not ask for the reason for the sick report, although they may ask when the employee expects to return to work.
A simple example:
An employee reports sick due to severe stress and cannot work. The employer may ask when the employee expects to be available again, whether urgent work needs to be handed over and how the employee can be reached. The employer should not ask: “What exactly is your diagnosis?” or “Are you taking medication?” Medical assessment belongs with the company doctor, not the manager.
What should an employee do when reporting sick?
When you are unable to work because of illness, you should report sick as soon as possible and follow the company’s sickness reporting rules. These rules may be in the employment contract, employee handbook, CAO or sickness protocol.
Business.gov.nl states that employees must report ill immediately if they are unable to work, and that the specific rules may be found in the employment contract, CAO or company regulations.
You should usually tell your employer:
- that you are sick and unable to work;
- where and how you can be contacted;
- whether urgent work needs to be transferred;
- when you expect to provide an update, if you can reasonably estimate this.
You do not have to give your employer your diagnosis.
What your employer may and may not ask
Your employer may ask practical questions needed to organise work and reintegration. For example:
“Can you be reached by phone today?”
“Is there urgent client work that needs to be transferred?”
“Do you expect to be absent for one day, several days or longer?”
“Are there temporary tasks you may be able to do later, if the company doctor agrees?”
Your employer may not ask detailed medical questions. Business.gov.nl states that employers may not ask employees specific details about the illness or its cause, and may not ask and keep health data. Even if the employee voluntarily shares what is wrong, the employer is not allowed to record or share that information.
This is a common problem for expats. Many international employees are used to explaining everything to HR. In the Netherlands, that can create privacy and employment law risks. You can be polite and cooperative without disclosing your diagnosis.
A practical response could be:
“I am currently unable to work due to illness. I will cooperate with the company doctor and keep you updated about my expected availability. I prefer not to discuss medical details with HR or my manager.”
Do you need a doctor’s note?
In most Dutch sick leave situations, the normal route is not to bring a doctor’s note from your GP to your employer.
The Royal Dutch Medical Association, KNMG, states that a treating doctor may not issue a medical statement about their own patient’s medical fitness or unfitness to do certain things; such statements should be issued by an independent doctor.
This is why many expats are surprised when their GP refuses to give a “sick note”. That refusal is not unusual in the Dutch system.
The employer should involve the company doctor or occupational health and safety service. The company doctor can assess work capacity and reintegration possibilities.
How much sick pay do employees receive in the Netherlands?
The central rule is that the employer must usually continue paying salary during sickness.
Business.gov.nl states that employers must pay at least 70% of the employee’s last-earned wages for a maximum period of 2 years.
This is often called loondoorbetaling bij ziekte.
The 70% rule and the 104-week period
The basic statutory minimum is 70% of normal wages for up to 104 weeks.
In the first year of illness, if the 70% amount falls below the applicable minimum wage, the employer may need to supplement it up to the minimum wage. In the second year, the same minimum wage top-up does not apply in the same way. Business.gov.nl explains this distinction between the first and second year.
Current minimum wage amounts change and must always be checked against the latest official rules.
CAO or employment contract may give better rights
Many employees receive more than the statutory minimum.
UWV states that the percentage the employer must pay may be in the CAO or employment contract, and that this is usually 100% in the first year.
For example:
An employee’s contract says they receive 100% salary during the first year of illness and 70% during the second year. In that situation, the employer must follow the contract unless a valid CAO or legal rule provides otherwise.
Another employee has only the statutory minimum. That employee may receive 70%, subject to the first-year minimum wage rule and any other applicable rights.
Always check the employment contract, CAO, employee handbook and payslips.
What about holiday allowance, pension and wage components?
UWV states that employers are also responsible for continuing to pay holiday pay and pension premium during sickness.
Business.gov.nl also notes that employers must pay at least 70% of wage components the employee would normally have received, such as overtime, personal allowances and other benefits.
This can be important for employees with shift allowances, bonuses, overtime patterns or variable wage components. The correct calculation may require legal or payroll review.
Special situations: pregnancy, childbirth, organ donation and Ziektewet
Some situations may involve a sickness benefit from UWV under the Ziektewet. Business.gov.nl gives examples such as sickness because of pregnancy, childbirth, organ donation, the no-risk policy or when the employment contract ends during illness.
This does not automatically mean the employer has no obligations. The employer may still need to report correctly, continue salary depending on the situation, offset benefits correctly and support reintegration.
Fixed-term contracts and on-call workers
Sick leave rights do not only apply to permanent contracts.
Business.gov.nl states that employers must continue paying wages during illness to employees on permanent contracts, fixed-term contracts and on-call employees.
If a fixed-term contract ends while the employee is sick, the employer generally does not have to renew the contract only because the employee is sick. However, the employer must report the illness to UWV on the last day of the contract if the employee has been ill for less than 2 years.
Example:
A one-year contract ends on 31 August. The employee is sick on the end date. The employer may allow the contract to end, but must handle the sick-out-of-employment reporting correctly with UWV.
The role of the company doctor or bedrijfsarts
The bedrijfsarts, or company doctor, is central to Dutch sick leave law.
The company doctor assesses medical work capacity and advises on reintegration. The employer should not make its own medical judgment.
Business.gov.nl states that employers must have a contract with a health and safety service or company doctor, and that everyone who works must have access to a company doctor.
When must the employer involve the company doctor?
When an employee reports sick, the employer must notify the company doctor or occupational health and safety service within 1 week. If the employee is still ill after 6 weeks, the company doctor or occupational health service must have a conversation with the employee and prepare a problem analysis.
For employees, attending appointments with the company doctor is usually part of the reintegration obligation.
What may the company doctor tell the employer?
The company doctor may advise the employer about work capacity, limitations and reintegration possibilities. The employer does not need to know the diagnosis.
For example, the company doctor may advise:
“The employee is currently not able to perform full duties. Start with 2 hours of adjusted work twice per week, avoiding high-pressure client calls.”
The company doctor should not tell the employer:
“The employee has depression and is taking medication.”
The legal focus should be on what work is possible, not on private medical details.
What if you disagree with the company doctor?
Disagreements happen.
An employee may feel the company doctor is pushing reintegration too quickly. An employer may feel the employee is not cooperating. In these situations, UWV can provide an expert opinion in certain reintegration disputes. Business.gov.nl states that if the reintegration programme has stalled, for example because of disagreement about the action plan, an expert opinion from UWV can be requested.
Before escalating, it is often wise to put concerns in writing, ask clear questions and seek legal advice if income, dismissal or benefits may be affected.
Reintegration obligations during sick leave
Sick leave in the Netherlands is not passive.
The employer and employee must work together to support a responsible return to work. This is often referred to as reintegration under the Wet verbetering poortwachter.
Business.gov.nl states that the employer and employee must do all they can to ensure the employee returns to work as quickly as possible in a responsible way, either in the original role, another suitable role within the organisation or even with another employer.
Problem analysis after 6 weeks
If the employee has been ill for 6 weeks, the company doctor or health and safety service determines what the employee is still able to do and fills in the UWV problem analysis.
This document is important because it forms the basis for the reintegration plan.
Plan of action after 8 weeks
In the 8th week of illness, the employer and employee draw up a plan van aanpak, or plan of action. This should set out practical reintegration steps.
A good plan of action should be realistic. It should reflect medical limitations, suitable work possibilities, working hours, communication arrangements and follow-up dates.
Example:
An employee with burnout may not be able to return immediately to full-time client-facing work. A plan may begin with short check-in meetings, then limited administrative tasks, then gradual expansion if the company doctor considers that medically appropriate.
Progress meetings every 6 weeks
Business.gov.nl states that the employer must have progress meetings with the employee every 6 weeks and draw up a report.
These meetings should not become pressure sessions. They should focus on reintegration, practical obstacles and next steps.
Suitable work
The employee must cooperate with reintegration and accept suitable work. Business.gov.nl lists employee obligations such as discussing the health situation with the company doctor, discussing progress every 6 weeks, helping draw up the action plan, complying with the plan and accepting suitable work.
“Suitable work” depends on the employee’s medical capacity, skills, job level and circumstances. It is not always the same as the original role.
Example:
A warehouse employee recovering from a back injury may temporarily do planning or light administrative tasks if the company doctor considers that medically suitable. But the employer should not simply demand heavy lifting against medical advice.
Can an employer dismiss an employee during sick leave?
Usually, an employer cannot dismiss an employee simply because they are sick.
Business.gov.nl states that employers are usually not allowed to dismiss a sick employee, although dismissal may be possible in certain situations, such as after 2 years of sickness or bankruptcy.
UWV also describes illness as a situation where a dismissal or redundancy ban applies during the first 2 years.
Dismissal after 2 years
After 2 years of sickness, dismissal may become possible if the legal requirements are met. The employer must usually show that the employee remains unable to work, recovery within the relevant period is not expected, suitable redeployment is not possible and reintegration obligations were properly fulfilled.
Business.gov.nl states that if the employee does not agree to dismissal after long-term sickness, the employer can apply to UWV and must provide information showing incapacity, expected inability to perform duties within 26 weeks, redeployment efforts and that the dismissal ban has expired.
If the employer has not done enough on reintegration, UWV may impose a sick pay sanction. This can mean the employer must continue paying wages for up to 1 extra year and cannot dismiss the employee during that extra period.
Exceptions during the first 2 years
There are exceptions. Business.gov.nl lists examples where dismissal during the first 2 years may be allowed, including probation, instant dismissal, bankruptcy, illness after dismissal where the dismissal is not caused by illness, and non-cooperation in reintegration.
These exceptions are fact-sensitive. Employees should not assume every dismissal attempt during illness is valid. Employers should not assume illness gives absolute protection in every situation.
Settlement agreements while sick
A settlement agreement, or vaststellingsovereenkomst, is especially risky during sick leave.
UWV warns employees not to agree to dismissal or redundancy if they have been ill for less than 2 years. UWV states that this is important because the employee will not qualify for unemployment benefit in those circumstances and is also unlikely to receive sickness benefit, because the employer is legally required to continue paying wages during the first 2 years of illness.
This is one of the most important warnings in Dutch employment law.
Do not sign a settlement agreement while sick without legal advice.
Even if the employer says “this is standard”, “you will still get benefits” or “sign quickly”, the consequences can be serious. You may lose salary continuation, reintegration rights, unemployment benefit position or sickness benefit protection.
Sick leave, burnout and workplace conflict
Burnout is one of the most common sick leave issues in the Netherlands, especially among expats and international professionals who may come from work cultures where mental health leave is less accepted.
Dutch law does not require employees to use a specific label such as “burnout leave”. The key question is whether the employee is medically unable to work.
If you are mentally or physically unable to work, report sick according to the protocol and speak with the company doctor. You may also contact your GP for medical support, but the employer-facing work capacity assessment usually goes through the company doctor.
A practical example:
An employee has panic symptoms, cannot sleep, cries before meetings and cannot concentrate. The employer is restructuring the department. The employee may report sick if they are unable to work. The employer should not demand a diagnosis. The company doctor should assess capacity and reintegration.
Workplace conflict can complicate sick leave. A conflict alone is not always the same as medical incapacity, but conflict can cause or worsen medical symptoms. The company doctor may recommend mediation, adjusted communication or temporary distance from a manager.
Sick leave and vacation days
Sick leave and vacation often overlap.
Government.nl states that employees accrue holiday hours not only when they work, but also when they are ill.
Business.gov.nl also states that if an employee falls ill while on holiday, this does not cost holiday days, although the employee must report sick during the holiday.
Example:
An employee has approved vacation next week but breaks their arm before the vacation starts. If the injury means they cannot work, they should report sick according to the sickness protocol. Whether planned vacation days should be converted into sick days depends on the facts, timing and internal rules, but the employee should not simply lose holiday days if they are genuinely sick and report this correctly.
If you are sick and want to take vacation during reintegration, ask permission first and check with the employer and, where relevant, the company doctor. Vacation during illness can be allowed, but it should not interfere with recovery or reintegration.
Questions people ask on Reddit about sick leave in the Netherlands
Reddit is not a legal authority, but it shows the real questions employees ask when they are stressed, sick or unsure about Dutch rules.
One Reddit user asked whether scheduled vacation could be changed into sick leave after an injury and upcoming surgery made office work and effective home working difficult.
Another Reddit post described an employee with burnout symptoms during expected layoffs and asked whether going on sick leave could affect dismissal, garden leave, severance pay or unemployment benefits.
A separate Reddit user described long working hours, negative feedback, loss of concentration and sadness, then asked how to request burnout leave after calling in sick.
Another commenter in the same thread asked what is legal when they are already on burnout leave, the company doctor is about to call, and the manager wants calls and meetings while the employee still feels trapped and stressed.
These questions all point to the same practical lesson: sick leave in the Netherlands is not only about being absent. It is about correct reporting, medical privacy, company doctor involvement, reintegration, income protection and careful handling of dismissal or settlement pressure.
When should you seek legal advice?
You should consider legal advice if:
Your employer asks for your diagnosis or medical records.
Your salary is reduced and you do not understand the calculation.
You are pressured to return before the company doctor supports it.
You disagree with the company doctor’s advice.
Your employer threatens to stop salary.
You receive a warning about reintegration.
You are offered a settlement agreement while sick.
You are a highly skilled migrant or residence permit holder and your income or employment may change.
You are dealing with burnout, workplace conflict or restructuring.
You are close to 2 years of sickness and WIA or dismissal is being discussed.
For highly skilled migrants and other residence permit holders, sick leave can also raise immigration-related concerns. IND salary thresholds and income rules can change; the IND states that required income amounts change every year on 1 January.
Do not assume employment law and immigration law are separate. A salary reduction, end of employment, settlement agreement or long-term sickness situation may need both employment and immigration review.
FAQ: Sick leave employment law in the Netherlands
How many sick days do employees get in the Netherlands?
The Netherlands does not work with a simple fixed number of sick days in the way many countries do. If an employee is genuinely unable to work due to illness, the employer generally continues paying wages for up to 104 weeks, subject to legal rules, the employment contract and CAO.
Does my employer have to pay salary during sick leave?
Usually, yes. The basic rule is at least 70% of last-earned wages for up to 2 years. In the first year, the amount may need to be supplemented up to the applicable minimum wage. Your contract or CAO may provide more.
Can my employer ask why I am sick?
No, your employer may not ask for the specific medical reason or cause. Your employer may ask practical questions, such as when you expect to return or how urgent work can be handled.
Can my employer ask for a doctor’s note?
In the Dutch system, the usual route is not a GP note to the employer. The employer should use the company doctor or occupational health and safety service. KNMG states that a treating doctor may not issue a medical statement about their own patient’s medical fitness or unfitness.
What does the company doctor do?
The company doctor assesses work capacity and advises on reintegration. The doctor may advise what work you can or cannot do, but should not share your private diagnosis with the employer.
Can I be fired while on sick leave in the Netherlands?
Usually not during the first 2 years of illness, but there are exceptions. Business.gov.nl lists exceptions such as probation, instant dismissal, bankruptcy and failure to cooperate with reintegration. After 2 years, dismissal may become possible if legal requirements are met.
What happens after 2 years of sickness?
Around 88 weeks, UWV informs the employee about applying for WIA benefit. If the employee qualifies, WIA may start after 104 weeks of illness. The employee must submit a complete reintegration report as part of the application.
Can I go on sick leave for burnout?
Yes, if burnout or stress-related symptoms make you medically unable to work. You do not need to prove the diagnosis to your manager, but you must report sick properly and cooperate with the company doctor and reintegration.
Can my employer force me to reintegrate?
The employer and employee both have reintegration obligations. However, reintegration should be medically responsible. The company doctor’s advice is important. If there is a serious disagreement, a UWV expert opinion may be appropriate.
Should I sign a settlement agreement while sick?
Not without legal advice. UWV warns employees not to agree to dismissal or redundancy if they have been ill for less than 2 years because it can affect unemployment or sickness benefit entitlement and may leave them without income.
Do I build vacation days while sick?
Yes, employees accrue holiday hours while ill. Government.nl confirms that holiday hours accrue not only when employees work, but also during illness.
What should expats or highly skilled migrants check?
Expats should check their employment contract, CAO, salary continuation, residence permit conditions and whether income changes could affect immigration status. Highly skilled migrant salary criteria and IND income requirements change over time and must be checked against the latest official rules.
Need advice about sick leave in the Netherlands?
Sick leave can quickly become legally sensitive.
A simple sick report may turn into a dispute about salary, privacy, reintegration, burnout, dismissal, UWV benefits or a settlement agreement. For expats and highly skilled migrants, employment decisions can also affect residence rights.
DYC Legal Consultancy assists employees, Turkish-speaking clients, expats and international professionals in the Netherlands with sick leave, employer pressure, settlement agreements, dismissal issues and employment-related immigration concerns.
Before you sign a settlement agreement, accept a salary reduction, refuse reintegration, resign, or respond to employer pressure, seek legal advice.
Contact DYC Legal Consultancy for a confidential consultation about your sick leave and employment law position in the Netherlands.