This guide breaks down how sick leave works in the Netherlands, from payment to doctor’s notes. If your company plans to expand to the Netherlands or refine its HR procedures, understanding these policies will help you build a compliant and compassionate workplace.
Burnout, personal injury, or even the seasonal flu, these are all valid reasons for employees to take sick leave in the Netherlands. Dutch labour laws are known for their fairness and employee-first approach, especially when it comes to sick leave policies.
Understanding Sick Leave in the Netherlands
In the Netherlands, the decision to grant sick leave is typically agreed upon between the employer and the employee. If an employee is unwell for a few days or weeks, the company usually trusts their judgement without demanding detailed proof.
However, Dutch privacy laws protect employee health information. When an employee reports in sick, you must not ask for the reason or diagnosis. However, you can ask when they plan to return and if they need temporary adjustments to their tasks.
Some exceptions exist. For example, when an employee takes leave due to pregnancy or organ donation, they must inform HR as the compensation process differs from standard sick leave payments.
If the illness lasts longer than a few weeks, the manager and employee usually meet to plan how to handle the employee’s tasks during their absence.
Payment During Sick Leave
According to Dutch law, companies must pay at least 70% of an employee’s salary during sickness for up to two years. Some companies include a short waiting period of up to two days before payments begin.
Many Dutch employers, however, choose to go beyond this minimum. They often cover 100% of the salary for a set period, showing care for employee wellbeing and reducing financial stress. By offering full pay, you allow your employees to focus on recovery rather than lost income.
If the employee remains unable to work after two years (104 weeks), you can legally end the employment contract. The employee may then qualify for Dutch government benefits under the Work and Income (Capacity for Work) Act (WIA). To qualify, both employer and employee must prove that they have taken all reasonable steps to support the employee’s reintegration.
Allocation of Sick Days
Unlike in many other countries, Dutch companies do not set a fixed number of sick days per year. The principle is simple, when someone is sick, they stay home until they recover. Prioritising employee health ensures better long-term performance and fewer relapses.
As an employer, you cannot limit or predetermine the number of sick leave days within your HR policy. Instead, you should focus on creating clear communication procedures and maintaining a supportive company culture.
When Is a Doctor’s Note Needed?
In the Netherlands, employees typically do not need to submit a doctor’s note when they call in sick. Instead, verification happens through the company doctor (bedrijfsarts) if needed.
The company doctor’s assessment holds more legal weight than a personal doctor’s opinion, as they are trained to evaluate an employee’s fitness for work. Consulting with a company doctor also helps ensure compliance with privacy laws and supports a smooth reintegration process after long-term absence.
The Role of a Company Doctor (Bedrijfsarts)
A company doctor plays a central role in the Dutch sick leave system. This medical professional, often hired externally, helps employers safeguard employee health and ensures compliance with workplace safety standards.
By law, Dutch companies must have access to a company doctor. They assess employees’ ability to work, guide reintegration plans, and provide expert opinions on long-term illnesses. If an employee remains unfit for work after six weeks, consultation with the company doctor becomes mandatory.
If there are concerns about the validity of an employee’s absence, the employer can also request an assessment. However, this must always follow legal and ethical guidelines.
Developing Employer Policies on Sick Leave
A strong sick leave policy helps your company remain compliant and transparent. Employers in the Netherlands should ensure their HR teams are familiar with key laws such as:
- The Gatekeeper Improvement Act (Wet verbetering poortwachter)
- The Working Conditions Act (Arbeidsomstandighedenwet)
- The Capacity for Work Act (Werk en Inkomen naar Arbeidsvermogen, WIA)
These regulations outline both employer responsibilities and employee rights. For expanding companies, aligning internal policies with Dutch law is essential. Your policy should clarify:
- How employees should report sickness and to whom
- Whether work-from-home arrangements are possible during recovery
- What payment percentage applies during sick leave
- When a company doctor’s involvement is required
Depending on the industry and specific needs of your company, there is likely additional laws to consider. Take a look at the official step-by-step procedure and consider how to adapt it to fit your company’s operational needs. By setting out these rules clearly, you build trust, reduce misunderstandings, and ensure compliance.
Get in Touch with Us
If your business is expanding to the Netherlands, understanding sick leave regulations is crucial for staying compliant and supporting your team’s wellbeing. Dutch rules may seem complex, but they are designed to protect both employees and employers.
Our HR specialists stay up to date with every legal change and can help tailor your sick leave policy to fit your company’s operations. Get in touch today to book a consultation and make sure your HR framework meets Dutch standards, keeping your team healthy, protected, and productive.
