Internationals in The Netherlands may wonder about their rights when it comes to taking a holiday while on sick leave. This article clarifies the legal rules, the role of the company doctor, and what could happen if an employee goes on holiday without permission.
Following a Dutch Supreme Court ruling it was established that employees who are fully unfit for work do not need to use their holiday entitlement to take a break. However, do they still need to seek permission from their employer?
Permission
According to Article 7:638 of the Dutch Civil Code, employees must request permission for holiday leave, even when sick. If the employer does not respond in writing within two weeks, the holiday is automatically approved. Employers usually have limited grounds to refuse a sick employee’s request, especially if the employee is fully unfit for work.
Role of the company doctor
Employers can consult the company doctor to determine if a holiday could hinder recovery. If the doctor believes that a holiday could aid recovery, they may provide a recommendation to the employer.
What if the employer refuses?
If an employer denies a holiday request without a valid reason, the employee may need to consider legal action to enforce their right. It’s not advisable to take a holiday without permission, as it can lead to disciplinary action, such as a written warning or salary suspension. Dismissal is less likely unless other serious issues are present.
Communication is key
Open communication with your employer is essential. Document your requests in writing to avoid misunderstandings. If you choose to go on holiday (without permission), inform your employer of your plans and dates to avoid violating the Dutch Civil Code.
Conclusion
Even if fully unfit for work, employees must seek permission to go on holiday. In most cases, employers will not have a reasonable basis to refuse.
More information
Are you facing challenges with your employer or employee? Please do not hesitate to contact GMW Lawyers. We can work it out!
This is a sponsored post, text and image provided by GMW Laywers.