The Dutch Sick Leave System Explained
The Netherlands has one of the most extensive employer sick leave obligations in the world. When an employee reports sick, the employer is responsible for continued salary payment and active reintegration for up to 104 weeks (2 years).
This obligation applies from the first day of employment — there is no waiting period. Even an employee who falls ill during their first week triggers the full 2-year obligation.
Employer Obligations Under Wet Poortwachter
The Gatekeeper Improvement Act (Wet verbetering Poortwachter) sets strict procedural requirements for managing long-term sick leave:
- Week 1: Report illness to the Arbo-dienst/company doctor
- Week 6: Company doctor provides a problem analysis (probleemanalyse)
- Week 8: Employer and employee create a reintegration plan (Plan van Aanpak)
- Week 42: Report illness to UWV (the social security agency)
- Every 6 weeks: Evaluate progress and update the reintegration plan
- Week 52: Year one evaluation — reassess reintegration strategy
- Week 88: Employee applies for WIA disability benefit assessment
- Week 104: End of wage payment obligation (if compliant)
Salary Continuation Requirements
During illness, employers must continue paying salary according to these rules:
- Year 1: Minimum 70% of salary (many CLAs and contracts require 100%)
- Year 2: Minimum 70% of salary (often 70% is standard)
- Minimum wage floor: In Year 1, the payment cannot fall below minimum wage
- Maximum cap: The payment is capped at the maximum daily wage (maximumdagloon)
Reintegration: First and Second Track
Employers must actively pursue reintegration of sick employees through two tracks:
- First track (spoor 1): Return to own position or adapted position within the current company. This includes role adjustment, reduced hours, workplace modifications, or reassignment to a different suitable position.
- Second track (spoor 2): If return to the current employer is not possible, the employer must facilitate reintegration with another employer. This typically involves outplacement services and job coaching.
UWV Sanctions for Non-Compliance
The UWV audits reintegration efforts when the employee applies for WIA benefits at week 88. If the UWV deems the employer's efforts insufficient, the consequence is severe:
- Loonsanctie: Extended wage payment obligation — the employer must continue paying salary for an additional year (up to 156 weeks total)
- Common failures: Late problem analysis, insufficient second-track efforts, gaps in documentation, failure to seek expert advice when needed
