What are my rights in the event of illness or incapacity for work?

If you fall ill, your employer is obliged to continue paying your wages — at least 70% of your salary, for a maximum of two years. If you become long-term incapacitated for work, you are entitled to a WIA benefit from the UWV. Your rights are firmly enshrined in law, but there are also obligations you must fulfil.

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 sets out your rights in the event of illness in several places. It starts with the Civil Code. Article 7:629 of the Civil Code obliges your employer to continue paying your wages if you are ill (check this article on wetten.nl for the most up-to-date version). That sounds simple, but there is more to it than that.

During the first two years of illness, your employer must pay at least 70% of your wages. In the first year, a higher rate of continued payment often applies, depending on your employment contract or collective agreement. Sometimes the collective agreement states that you receive 100% in the first year. So always check your own contract or collective agreement first.

After two years of illness, your employer’s obligation to continue paying your wages ends. That is when the WIA comes into play — the Work and Income according to Labour Capacity Act. This Act regulates your income if you are on long-term sick leave. The UWV assesses whether you are entitled to benefits. See the Work and Income according to Labour Capacity Act for the exact provisions.

There are two types of WIA benefits. The WGA (Return to Work Scheme for Partially Disabled Persons) is for people who are still able to work part-time. The IVA (Income Provision for Fully Disabled Persons) is for people who are fully and permanently unable to work. With an IVA benefit, you receive 75% of your last earned wage.

In addition to your wages, your employer also has a duty to facilitate your return to work. They must actively cooperate in your recovery and return to work. This is set out in the Gatekeeper Improvement Act. This Act obliges both you and your employer to take concrete steps towards your return to work. If your employer fails to do so, the UWV may require them to continue paying your wages for a longer period — a so-called wage penalty.

You are also entitled to support from a company doctor. The company doctor advises on your capacity for work and your options. Please note: the company doctor works for your employer but has an independent medical role. You are always entitled to request a second opinion from another company doctor.

When does this apply to you?

The obligation to continue paying wages applies to anyone with an employment contract — so if you are employed by an employer. Are you a self-employed person or a freelancer? Then you do not have an employer who continues to pay your wages. As a self-employed person, you must arrange your own incapacity insurance (AOV). This is not compulsory, but without insurance you will be left without an income if you fall ill.

Do you have a temporary contract that expires during your illness? In that case, the obligation to continue paying wages ceases on the expiry date of your contract. You may then be able to apply for sickness benefit from the UWV. This also applies to temporary agency workers and people without a permanent employer.

Suppose you are off sick for six weeks and your employer suddenly pays less than 70%. In that case, they have breached Article 7:629 of the Dutch Civil Code. You can hold them to account for non-compliance. If they do not cooperate, you can take the matter to the subdistrict court.

Is your employer not cooperating with your return-to-work plan? Or are they refusing to draw up a return-to-work plan? If so, you have several options. You can request an expert opinion from the UWV. The UWV will then objectively assess whether your employer is fulfilling their obligations. This opinion costs a small fee, but provides you with a strong argument.

Are you being dismissed after two years of illness? In principle, this is only permitted once the reintegration obligations have been met. Your employer is prohibited from dismissing you during the first two years of illness. After that, they can apply for a dismissal permit from the UWV. You are then entitled to a transition payment.

A concrete example: Anna works as a sales assistant and breaks her leg. She is off work for three months. Her employer continues to pay 70% of her salary. After two months, her employer asks her to return to work, even though the doctor advises against it. Anna can then have her situation assessed via the company doctor or the UWV.

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

Report sick to your employer. Do this as soon as possible, preferably on the first day of illness. Follow the sick leave procedures that apply in your company.
See the company doctor. You are usually invited to do so after six weeks. The company doctor will draw up a problem analysis. Read this document carefully — it helps determine your return-to-work plan.
Check your payslip. Are you receiving at least 70% of your salary? Is the amount correct? If you are unsure, ask your employer or HR department for clarification.
Cooperate with the reintegration process. You also have a duty to cooperate with your recovery and return to work. If you refuse without good reason, your employer may stop paying your wages.
Request an expert opinion from the UWV. Do you disagree with the company doctor or your employer? Then request an expert opinion via uwv.nl. This will provide you with an independent assessment.
Request a WIA assessment after two years. The UWV will contact you if you have been ill for two years. Prepare thoroughly for the assessment. Bring any relevant medical documents with you.
Consult a lawyer in the event of disputes. Is your employer refusing to continue your pay? Have you been dismissed whilst on sick leave? Then contact a lawyer or legal aid provider to defend your rights.

Common mistakes

Reporting sick too late. If you do not report sick on time, your employer cannot register the first day(s) of illness as sick leave. This may affect your pay.
Failing to cooperate with reintegration. Are you refusing suitable work or reintegration agreements without a medical reason? Then your employer may stop paying your wages. This is permitted by law.
Not seeking a second opinion. Many people accept the company doctor’s assessment without asking critical questions. You have the right to request a second opinion — exercise that right.
Thinking that dismissal during illness is always impossible. There is a ban on dismissal, but there are exceptions. Understand when your protection applies and when it does not.
Submitting a WIA claim too late. The UWV has a deadline for claims. Do not wait too long to submit your claim if you have been ill for two years. If you miss the deadline, you will lose your benefits.

Frequently asked questions

How much of my salary will I continue to receive if I am ill?

Your employer is legally obliged to continue paying at least 70% of your wages during the first two years of illness. In the first year, this may be higher, depending on your employment contract or collective agreement. Always check your own contract or the applicable collective agreement first for the exact terms.

What happens after two years of illness?

After two years, your employer’s obligation to continue paying your wages ends. You can then apply for WIA benefits from the UWV. The UWV will assess your level of incapacity for work and determine which benefit — WGA or IVA — is appropriate for your situation. See uwv.nl for more information on the application procedure.

Can my employer dismiss me whilst I am ill?

No, there is a ban on dismissal during the first two years of illness. In principle, your employer may not dismiss you during that period on the grounds of your illness. There are exceptions, such as dismissal by mutual consent or dismissal for business reasons where illness plays no part. After two years, your employer may, however, initiate dismissal proceedings.

What if I disagree with the company doctor?

You can always request a second opinion from another company doctor. That is your right. If you still disagree afterwards, you can request an expert opinion from the UWV. The UWV will then independently assess your situation and that of your employer. See uwv.nl for the procedure and costs.

As a self-employed person, am I also entitled to continued pay in the event of illness?

No, as a self-employed person you do not have an employer and therefore no obligation to continue paying your wages. You are responsible for your own income in the event of illness. Disability insurance (AOV) can protect you. Without AOV, you will be left without an income if you are on long-term sick leave. Seek advice from an insurance adviser about the options.

Relevant legal provisions

Article 7:629 of the Dutch Civil Code — obligation to continue paying wages in the event of illness (check this article on wetten.nl for the most up-to-date version)
Article 7:628a of the Dutch Civil Code — on-call contracts and illness (check this article on wetten.nl for the most up-to-date version)
Work and Income according to Labour Capacity Act (WIA) — see wetten.nl for the exact provisions
Gatekeeper Improvement Act — see the Civil Code and the relevant implementing regulations on wetten.nl
Sickness Benefits Act — see wetten.nl for the exact provisions regarding safety net cases

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