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Managing sick leave in the Netherlands

Understanding how to manage sick leave in the Netherlands is essential for maintaining legal compliance, supporting employee wellbeing, and fostering...
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A guide to managing sick leave in the Netherlands

Understanding how to manage sick leave in the Netherlands is essential for maintaining legal compliance, supporting employee wellbeing, and fostering a productive workplace. For international employers and HR professionals, the Dutch system may seem strict and heavily regulated, and that’s because it is, but with structure comes clarity.

This article brings the most important rules, timelines, and responsibilities involved in managing sickness absence in the Netherlands.

A happy lady in a meeting with an employee, there is a laptop on the desk in front of the lady hosting the meeting and she has a note pad and pen in her hand taking notes. Understanding how to manage sick leave in the Netherlands is essential for maintaining legal compliance, supporting employee wellbeing, and fostering a productive workplace. For international employers and HR professionals, the Dutch system may seem strict and heavily regulated, and that’s because it is, but with structure comes clarity. This article brings the most important rules, timelines, and responsibilities involved in managing sickness absence in the Netherlands.

1. What Should Employers Do When an Employee Calls in Sick?

When an employee reports sick, employers must act quickly and correctly. The first step is to acknowledge the notification and begin documenting the absence. However, it is crucial to respect medical privacy laws, which are taken very seriously in the Netherlands.

Here’s what you can and cannot do:

  • Do not ask for the employee’s diagnosis or details about their illness.
  • Do inform your occupational health provider (Arbodienst or company doctor) within one week.
  • Do keep a record of the absence, any contact moments, and reintegration activities.

Employers are responsible for initiating and coordinating the reintegration process, but only in collaboration with their company doctor, who will determine the employee’s ability to work.

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2. How Much Are Employees Paid During Sick Leave?

Dutch law entitles employees to up to 2 years of continued wage payment during illness. This requirement applies to both permanent and temporary contracts, provided the employee is on your payroll.

Key rules:

  • Employers must pay at least 70% of the employee’s last earned wage.

  • In the first year, if this amount falls below the statutory minimum wage, it must be topped up.
  • In the second year, the payment may fall below minimum wage, depending on employment agreements or collective labour agreements (CAOs).
  • Some employers choose to offer 100% pay in the first year, especially in more competitive sectors.

This obligation continues even if the illness is not work-related.

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3. What Is the Wet Poortwachter (Gatekeeper Act)?

The Gatekeeper Act (Wet verbetering poortwachter) is central to managing long-term sickness in the Netherlands. Its purpose is to encourage both the employer and employee to take proactive steps towards reintegration with support from occupational health services.

  • Arrange a Problem Analysis via the company doctor by week 6.

  • Create a Plan of Action with the employee by week 8.

  • Keep track of progress via regular evaluation meetings.

  • Submit full documentation to the UWV if recovery takes over 2 years.

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A meeting between two women and a male, the one lady is talking through her point whilst the other two members of the meeting listen. In this article we discuss managing sick leave in the Netherlands.

4. What Role Does the Company Doctor (Bedrijfsarts) Play?

The company doctor plays an independent and crucial role in managing sickness cases. They are not employed by the company in a traditional sense, their priority is the health of the employee and adherence to medical legal standards.

Responsibilities Include:

  • Assessing the employee’s fitness for work

  • Recommending adjustments or suitable duties during reintegration
  • Providing regular updates and reports.
  • Safeguarding medical confidentiality (they will not disclose diagnosis or treatment details to the employer

You are expected to follow their advice in reintegration planning, ignoring it may lead to conflict, delays, or non-compliance issues with the UWV.

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5. Can Employees Return to Work Gradually?

Yes, and in fact, this is encouraged under Dutch law. Reintegration does not mean the employee has to be fully fit before returning. Instead, they may return in phased or modified duties, based on the guidance of the company doctor.

Examples of a phased return:

  • Working fewer hours per day or fewer days per week.

  • Performing alternative or lighter tasks.
  • Avoiding stressful or physically demanding duties temporarily.

This flexible approach allows the employee to rebuild capacity in a supportive environment and helps avoid relapse.

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6. Can You Dismiss an Employee on Sick Leave?

As a general rule, dismissal is not allowed during the first two years of sickness absence. This is known as dismissal protection.

Exceptions include:

  • Mutual agreement to terminate the contract.

  • The employee is still within their probation period.
  • Cases of gross misconduct, such as fraud or refusal to cooperate with reintegration.

After two years, if the employee is still unfit for work, dismissal may be permitted via the UWV, but only after the reintegration process has been properly completed and documented.

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7. What Happens After Two Years of Sick Leave?

If the employee has not fully recovered after two years, the employer’s wage obligation ends. At this point, the employee may apply for a WIA benefit (Work and Income according to Labour Capacity Act) from the UWV.

The UWV will assess:

  • Whether the employer fulfilled their reintegration obligations.

  • The employee’s current work capacity and prognosis.

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A meeting with a client, with the client and the employer shaking hands. Understanding how to manage sick leave in the Netherlands is essential for maintaining legal compliance, supporting employee wellbeing, and fostering a productive workplace. For international employers and HR professionals, the Dutch system may seem strict and heavily regulated, and that’s because it is, but with structure comes clarity. This article brings the most important rules, timelines, and responsibilities involved in managing sickness absence in the Netherlands.

8. How Can Employers Prevent Long-Term Sick Leave?

Preventing is not only more cost-effective, but also contributes to a healthier and more engaged workforce.

Practical steps include:

  • Offering flexible working hours and remote options.

  • Addressing workload and stress through regular check-ins.
  • Promoting open dialogue around mental health.
  • Providing access to confidential coaching or EAP services.
  • Encouraging employees to take holidays and disconnect.

Creating a culture of trust and support goes a long way in reducing absenteeism, particularly related to burnout and mental health challenges.

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Are you looking for expert help or support with managing HR in the Netherlands?

Managing sick leave and reintegration in the Netherlands is highly structured and missing a step can result in penalties, stress, and legal complications. If you’re an international employer, we offer:

  • Tailored guidance on Dutch labour law

  • Reintegration planning and documentation

  • Support working with Arbodiensten and UWV

If you would like to get in touch to find out how we can help, contact us via email (enquiries@blackmountainhr.com). Alternatively, you can fill out our contact us form on our website for a consultation.