How long can I be off sick before my employer can dismiss me?

Your employer is almost never allowed to dismiss you during the first two years of illness. This is known as the prohibition on dismissal during illness. Only after two consecutive years of illness can your employer initiate dismissal proceedings — and even then, strict rules apply.

Last checked: March 2026. Legal information is subject to change — always check the current legislation at wetten.nl.

What does the law say?

The law protects you if you are ill. Your employer cannot simply dismiss you because you are unable to work. This protection is set out in Article 7:670 of the Dutch Civil Code (check this article on wetten.nl for the most up-to-date version). This article governs the so-called prohibition on dismissal during illness.

The prohibition on termination applies during the first two years of your illness. Those two years are counted from the first day you reported sick. As long as you are ill within those two years, your employer may not terminate the employment contract on the grounds of that illness.

After two years of illness, this prohibition on termination expires. Your employer may then apply to the UWV for a dismissal permit. The UWV will then assess whether the dismissal is justified. To do so, the UWV will, among other things, examine whether your employer has done enough to facilitate your reintegration. Reintegration means: working together on your return to work, even if that might involve different work or adapted work.

Has your employer made insufficient efforts towards your reintegration? If so, the UWV may refuse the request for dismissal. Your employer must then continue to support you and continue to pay your wages. This can amount to a maximum of one additional year of continued wage payment. This is set out in the rules under the Gatekeeper Improvement Act — see the Gatekeeper Improvement Act on wetten.nl for the exact provisions.

During the first two years of illness, your employer also has a duty to continue paying your wages. This is set out in Article 7:629 of the Dutch Civil Code (check this article on wetten.nl for the most up-to-date version). You are entitled to at least 70% of your wages during illness. In the first year, this is often more, depending on your employment contract or collective labour agreement.

In short: the law provides you with strong protection. You cannot be dismissed on grounds of illness for two years. And even after that, your employer must first prove that they have done everything possible to keep you in work.

When does this apply to you?

The protection afforded by the prohibition on dismissal applies to almost everyone with an employment contract. Whether you have a permanent contract or a temporary contract — you are protected for as long as you are ill and for as long as your contract is in force.

Do you have a temporary contract? Then there is an important difference. Your employer is allowed to let your temporary contract simply expire on the end date. The prohibition on termination prevents your employer from terminating your contract early due to illness. But once the end date of your contract has been reached, your employer is not obliged to renew the contract — even if you are still ill.

Are you a freelancer or self-employed? Then this prohibition on termination does not apply to you. You do not have an employment contract and are therefore not covered by this protection. However, you can protect yourself through disability insurance.

Suppose: you have been working for a company for three years and you report sick. After a year and a half of illness, your employer wants to dismiss you. That is not allowed. The prohibition on termination is still in force. Your employer must wait until the two years are up.

Suppose: you have been ill for two years and three months. Your employer applies to the UWV for a dismissal permit. However, the paperwork shows that your employer never referred you to the company doctor and did not draw up a return-to-work plan. The UWV will then most likely reject the application.

Suppose: you have been ill for two years and your employer has done everything required by law. There is no suitable position available. In that case, there is a good chance that the UWV will approve the dismissal. You are then entitled to a transition payment. This is a type of severance pay to which you are legally entitled.

Please note: the two years do not always have to be consecutive. If you are ill twice within a certain period for the same reason, those periods can be added together. See the Civil Code for the exact provision on this.

Step-by-step guide — what can you do now?

Report sick to your employer immediately. Do this on the first day of your illness. Keep proof of your sick report, for example an email or text message.
Visit the company doctor. Your employer must register you with the company doctor no later than the sixth week of your illness. The company doctor will assess your situation and provide advice on your return to work.
Ask for a problem analysis. After six weeks of illness, the company doctor will draw up a problem analysis. This is an official document. Ask for a copy if you do not receive it automatically.
Draw up an action plan. Together with your employer, you must draw up an action plan within eight weeks of your first day of sick leave. This sets out how you will work towards your return to work.
Keep a record of what your employer does and does not do. Write down when you have meetings, what is agreed and whether agreements are being met. This may be important later if a dispute arises.
Ask for a second opinion if you disagree. Do you disagree with the company doctor’s assessment? You have the right to request a second opinion from another company doctor. Your employer must cooperate with this.
Seek legal advice if your employer puts pressure on you or threatens dismissal. Is your employer threatening to dismiss you within two years of your illness? Then contact a lawyer or trade union immediately. Your rights are strong — but you must know them and assert them.

Common mistakes

Thinking you can be dismissed after just a few months. Many people are unaware that the protection lasts for two years. They wrongly accept a dismissal that is not valid at all.
Failing to cooperate with reintegration. If you refuse to cooperate with reintegration without good reason, your employer may suspend your pay. This is a pay suspension, not dismissal — but it is a serious measure. So always cooperate, even if you disagree, and raise your objection through the proper channels.
Signing a settlement agreement without legal advice. Your employer may ask you to agree to the termination of your contract via a settlement agreement. This is always voluntary. Never sign anything without first seeking legal advice — you would then be voluntarily waiving your protection against dismissal.
Thinking that a temporary contract offers no protection. The prohibition on dismissal also applies to a temporary contract for the duration of the contract. Your employer cannot dismiss you halfway through the contract due to illness.
Taking action too late. If your employer is not following the rules, you must react quickly. Some deadlines are short. Do not wait too long to seek help.

Frequently asked questions

Can my employer dismiss me if I am ill?

No, during the first two years of illness, your employer can almost never dismiss you on the grounds of that illness. This prohibition on dismissal is set out in Article 7:670 of the Dutch Civil Code. After two years, your employer can initiate dismissal proceedings via the UWV, but strict conditions still apply.

What happens after two years of illness?

After two years of illness, the prohibition on dismissal expires. Your employer can then apply for a dismissal permit from the UWV. The UWV will assess whether your employer has done enough to facilitate your return to work. If not, the application will be rejected. If the dismissal does go ahead, you are entitled to a transition payment.

Will I still receive my wages if I am ill?

Yes. During the first two years of illness, your employer must continue to pay your wages. This amounts to at least 70% of your wages, based on Article 7:629 of the Dutch Civil Code (check this article on wetten.nl for the most up-to-date version). In the first year, many collective labour agreements provide for a higher percentage. Ask your employer or consult your collective labour agreement for the exact percentage.

What is a transition payment and am I entitled to it if I am dismissed following illness?

A transition payment is a statutory severance payment. If your employer dismisses you after two years of illness, you are entitled to it. The amount depends on your salary and how long you have been employed. See the Civil Code for the exact calculation.

What if my employer dismisses me during my illness anyway?

In that case, the dismissal is likely to be invalid. You can ask the employment tribunal to overturn the dismissal. Do this quickly — there are short time limits. Contact a solicitor or trade union as soon as possible to help you.

Relevant legal provisions

Article 7:670 of the Dutch Civil Code — prohibition on termination during illness (check this article on wetten.nl for the most up-to-date version)
Section 7:629 of the Dutch Civil Code — continued payment of wages during illness (check this section on wetten.nl for the most up-to-date version)
Article 7:682 of the Dutch Civil Code — reinstatement of the employment contract following wrongful dismissal (check this article on wetten.nl for the most up-to-date version)
Gatekeeper Improvement Act — see wetten.nl for the exact provisions regarding reintegration obligations

How long can I be sick before my employer can fire me? | Claim.Cafe