Vacation and Sickness Absence: what if a sick employee wants to go on vacation?
A sick employee who wants to take vacation time? That may seem contradictory, but it is allowed. In fact, sometimes it is actually good for recovery. Yet there are rules that you as an employer must take into account. ZekerArbo lists them for you.
Can a sick employee go on vacation?
Yes, a sick employee may go on vacation. But: this is allowed only if it does not adversely affect recovery. Approving a leave request is primarily a matter between employer and employee. Are there doubts whether a vacation is medically justified? Then the (company) doctor plays an important role. He or she assesses whether vacation would unnecessarily hinder recovery.
👉 Tip from ZekerArbo: place a note via the ZekerArbo portal with questioning towards the (company) doctor such as: can my employee's planned vacation hinder reintegration?
Should the employee take days off?
Does the employee fall ill after an established vacation? If so, the employee must give permission (in writing) for these days to be written off as vacation days. If this permission is not given, no vacation days may be written off. Different arrangements may apply with regard to sickness and (non-statutory) vacation days, which will be laid down in an employment contract or collective bargaining agreement.
For partially recovered employees who take vacation, entire vacation days are written off; an employee is entitled to 100% pay for these vacation days.
What if my employee gets sick during a vacation?
The above also applies if the employee becomes ill during vacation. Vacation days will be converted into "sick days," unless other arrangements have been made or the employee consents. An employee who becomes ill during his vacation may be expected to comply with the sustainable employability protocol.
What about the reintegration obligation?
When an employee agrees to write off vacation days, he or she will have no reintegration obligations during his or her vacation. So also no interviews with the (company) doctor or track 2 activities.
Notice:
- Actively inform employees about arrangements around leave and Sickness Absence. Even if different arrangements are laid down in an employment contract or collective bargaining agreement.
What do you put in the file?
It is important to establish the following:
- When the employee wants to take vacation.
- That the employee agrees to write off vacation days.
ZekerArbo 's employability coach can help you with practical support.
How does ZekerArbo help you further as an employer?
Sickness and vacation can sometimes come together awkwardly. That is why we are ready to:
- To be discussed with the employability coach.
- Answering your questions about the rules.
- Helping you set appointments.
- Supporting you in clear communication with your employee.
That's how you stay in control - hassle-free.
Sources:
- Central government: sick during vacation
- UWV: Sickness Absence and Vacation
- Working Conditions Act (Article 7:638 BW): rules on vacation during illness
Do you have a sick employee who wants to take vacation time? Or do you doubt about the right approach? ZekerArbo is ready for you. Feel free to contact us. We think along with you.