In the Netherlands, employers must continue to pay at least 70% of an employee's salary for up to 104 weeks (two years) of sickness, under article 7:629 of the Burgerlijk Wetboek. The Wet verbetering poortwachter imposes structured reintegration obligations on both parties throughout the period, with the goal of returning the employee to work.

Statutory entitlement

At least 70% of salary (or the statutory minimum wage if higher) for up to 104 weeks of incapacity. Many CAOs require 100% in year one and 70% in year two.

Eligibility

All employees from day one. The two-day waiting period (wachtdagen) is permitted only if the contract or CAO provides for it.

Employer obligations

  • Continue to pay at least 70% of salary (capped at the maximum dagloon) for up to 104 weeks of sickness.
  • Pay at least the statutory minimum wage during the first 52 weeks of sickness.
  • Follow the Wet verbetering poortwachter timeline: notify the bedrijfsarts within one week, problem analysis by week six, plan of action by week eight, ongoing reviews.
  • Make reasonable adjustments and explore alternative work (first track) and other employers (second track) for reintegration.
  • Continue annual leave accrual at the full statutory rate during sickness.

Employee rights

  • Right to at least 70% of salary for up to 104 weeks of sickness, with most CAOs requiring 100% in year one.
  • Right to expert support from the company doctor (bedrijfsarts) during reintegration.
  • Right to a second opinion from another bedrijfsarts at the employer's expense.
  • Right to apply for WIA disability benefit at the end of the 104-week period if still incapacitated.

Common pitfalls

  • Treating sick days as deductions from holiday entitlement — Dutch law explicitly protects accrual.
  • Missing Wvp deadlines (problem analysis week 6, plan of action week 8, first-year evaluation, second-track investigation), which can result in UWV ordering an extra year of pay.
  • Failing to keep the bedrijfsarts in the loop — the employer cannot rely on its own assessment of incapacity.
  • Applying wachtdagen without an explicit contract or CAO basis.

Two years at 70% (or more)

Article 7:629 BW requires the employer to continue paying at least 70% of salary for up to 104 weeks of sickness, capped at the maximum dagloon. During the first year, payment cannot drop below the statutory minimum wage. Most CAOs require 100% in year one and 70% in year two."

Wet verbetering poortwachter timeline

Within one week the employer notifies the bedrijfsarts. By week six the bedrijfsarts produces a problem analysis (probleemanalyse) and by week eight a written plan of action (plan van aanpak). The plan is evaluated regularly, and at week 52 a first-year evaluation must consider whether a second-track (second employer) reintegration is needed.

After 104 weeks: WIA

If the employee remains unable to work after 104 weeks, they can apply for benefits under the Wet werk en inkomen naar arbeidsvermogen (WIA), administered by UWV. Employers who fail Wvp obligations may be ordered to pay a third year (loonsanctie).

Frequently asked questions

How long do I get sick pay in the Netherlands?

Employers must continue paying at least 70% of salary for up to 104 weeks (two years) of sickness. Most CAOs require 100% in year one and 70% in year two.

What is the Wet verbetering poortwachter?

It is the Dutch Gatekeeper Improvement Act, which sets a structured timeline of medical assessments, action plans, and reintegration steps that both employer and employee must follow during sickness.

Do I keep accruing holiday during long-term sickness?

Yes. Statutory holiday continues to accrue during sickness, and unused statutory days expire six months after the year-end as for healthy employees.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.