How does continued pay work if you are off sick?

If you are ill, your employer is obliged to continue paying your wages — at least 70% of your salary, for a maximum of two years. In many cases, you may even receive more, depending on your employment contract or collective agreement. This right is enshrined in law and applies to almost all employees in the Netherlands.

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

What does the law say?

The basis for continued pay during illness 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). This article states that your employer is obliged to continue paying your wages if you are ill. This obligation applies for a maximum of 104 weeks — that is two years.

The minimum amount your employer must pay is 70% of your pay. But please note: in the first year of illness, that amount may not be lower than the statutory minimum wage. Do you earn little? Then your employer automatically pays slightly more to meet that minimum.

In practice, many employers pay more than 70%. This is possible because it is stated in your employment contract, or because your collective agreement — a collective labour agreement — mandates a higher rate of pay. Some collective agreements even guarantee 100% continued pay during the first year of illness.

Your employer may stop or reduce your continued pay if you do not comply with the rules regarding sick leave. Examples include: failing to cooperate with your return-to-work programme, not contacting the company doctor, or going on holiday without permission whilst you are ill. This possibility of sanctions is also set out in Article 7:629 of the Dutch Civil Code.

After two years of illness, your employer’s obligation to continue paying your wages ceases. You may then be eligible for a WIA benefit — the Work and Income according to Labour Capacity Act. The UWV will then assess the extent of your incapacity for work and what you are entitled to. For more information, visit uwv.nl.

In addition to Section 7:629 of the Dutch Civil Code, the Gatekeeper Improvement Act also plays an important role. This Act obliges both you and your employer to actively work towards your return to work. This begins as early as the first few weeks of your illness.

When does this apply to you?

Continued pay during illness applies to almost everyone with an employment contract — whether you have a permanent or a temporary contract. As long as you are employed by an employer, you are entitled to this statutory minimum.

Do you have a zero-hours contract? Then it is slightly more complicated. In principle, you are also entitled to continued pay, but the amount depends on how many hours you worked on average in the period before your illness. The law protects you here too — you are not left out in the cold.

Are you a self-employed person or a freelancer? In that case, Article 7:629 of the Dutch Civil Code does not apply to you. As a self-employed person, you are responsible for taking out your own incapacity insurance. That is an important difference.

Consider these specific situations as examples:

You fall ill during a fixed-term contract: your employer must continue to pay your salary until your contract expires. Does the contract expire whilst you are still ill? In that case, you may be entitled to sickness benefit via the UWV.
You fell ill before your first day of work: in that case, your employment may not commence, or your employer may, in some cases, terminate the employment contract. This is a sensitive situation — seek advice.
Your employer is not paying you: this is against the law. You can then take legal action to enforce payment of your wages.
If you work for a large organisation and there is a collective agreement: always check your collective agreement. It often contains better terms than the statutory minimum standard.

You should always report sick as soon as possible — preferably on the first day of illness itself. The exact procedure is often set out in your employment contract or your employer’s sick leave policy. If you report sick too late, your employer may temporarily suspend your continued pay.

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

Report sick to your employer. Do this on the first day of illness, as early as possible. Use the method prescribed by your employer — telephone, email or an app.
Check your employment contract and collective agreement. See how much of your salary your employer is obliged to continue paying. Sometimes this is more than the statutory 70%.
Stay in touch with your employer. Remain contactable and keep your employer regularly updated on your recovery. This is a legal requirement and helps prevent problems.
Cooperate with the company doctor. Your employer will often engage a company doctor. Attend the appointments — refusal may result in the suspension of continued pay.
Ask for a problem analysis and an action plan. After six weeks of sick leave, the company doctor will draw up a problem analysis. You will then draw up an action plan for your return to work together with your employer.
Monitor progress via the UWV. After one year of sick leave, the UWV will carry out a first-year evaluation. Ensure that you and your employer keep a proper record of and document the reintegration efforts.
Seek legal advice if your employer does not pay. Is your employer paying less than the statutory minimum or nothing at all? If so, you can file a claim for wages through the small claims court. Ask your question for free on Claim.Cafe.

Common mistakes

Reporting sick too late. Many people wait a day or leave it to a family member. But your employer can suspend continued wage payments if you do not report sick on time. Always report sick yourself and as early as possible.
Failing to cooperate with the return-to-work programme. If you refuse appointments with the company doctor or fail to cooperate with the action plan, your employer may stop paying your wages. This is a common and costly mistake.
Thinking you’ll receive 100% of your pay. The law guarantees a minimum of 70%. Many people are shocked when they receive less. Always check your contract or collective agreement for the exact terms.
Forgetting that you can request a second opinion. Do you disagree with the company doctor’s assessment? You have the right to request a second opinion from another company doctor. Exercise that right if you have any doubts.
Doing nothing in the event of non-payment. Is your employer not paying? Many employees wait and see or simply accept it. But you can take action — through the courts or with the help of a solicitor. Waiting costs you money.

Frequently asked questions

What percentage of my pay do I receive if I’m off sick?

You are legally entitled to at least 70% of your pay for two years of sick leave. In the first year, that amount may not fall below the statutory minimum wage. Does your contract or collective agreement specify a higher percentage? Then that higher percentage applies. Some employers pay 100% in the first year of sick leave.

What happens after two years of illness?

After 104 weeks of illness, your employer’s obligation to continue paying your wages ends. Your employer may then dismiss you — provided they follow the correct procedures. At the same time, you can apply for WIA benefits from the UWV. The UWV will assess how much you are still able to work and what your benefit entitlement will be.

Can my employer dismiss me if I am ill?

No — in principle, no. During the first two years of your illness, there is a ban on dismissal. Your employer may not dismiss you because of your illness. After those two years, this ban expires and dismissal may be possible, but even then strict rules apply. Do you have a question about this? Ask it for free on Claim.Cafe.

What if my employer stops paying my wages?

Then your employer is breaking the law. You can first send your employer a written reminder — send a letter or email. If they do not respond? Then you can take the matter to the small claims court and enforce payment of your wages. A solicitor can help you with this. Do not wait too long, as that will cost you unnecessary money.

Does continued pay apply even if I have a temporary contract?

Yes, even with a temporary contract, you are entitled to continued pay for as long as you are employed. Does your temporary contract expire whilst you are still ill? In that case, your employer’s obligation to pay your wages ends, but you may be entitled to sickness benefit via the UWV. Visit uwv.nl for the exact conditions.

Relevant legal provisions

Article 7:629 of the Dutch Civil Code — continued payment of wages in the event of illness (check on wetten.nl)
Article 7:629a of the Dutch Civil Code — expert opinion in disputes regarding continued payment of wages (check on wetten.nl)
Article 7:670 of the Dutch Civil Code — prohibition on dismissal during illness (check on wetten.nl)
Gatekeeper Improvement Act — reintegration obligations of employer and employee (see wetten.nl)
Work and Income according to Labour Capacity Act (WIA) — benefits after two years of illness (see wetten.nl)

Continued sick pay: what are your rights? | Claim.Cafe