Ill during holiday: do I get my leave days back?
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Detailed explanation, checklist and sources
Follow your sickness-reporting rules if illness prevents you from working during an agreed holiday. Those sick days generally do not count as holiday, unless you specifically consent or a valid limited agreement covers additional leave. Check the records and your arrangements.
On this page
1. Report illness promptly
This guidance concerns employees covered by Dutch employment law. Report illness promptly under the sickness protocol, including when abroad. Record onset, notification and recovery notification. Follow reasonable contact and verification arrangements. Discuss medical details with the occupational physician or occupational-health service; do not simply send your diagnosis or medical file to your manager.
2. Record the situation and dates
Keep the approved holiday dates and record when you became ill. Becoming ill during an already agreed holiday differs from requesting holiday when already sick. Identify which hours were deducted and which period you dispute. A disappointing holiday alone does not establish that illness prevented you from working.
O&P Rijk · Ziekte en vakantie ↗
Burgerlijk Wetboek Boek 7 · Artikel 638 lid 8, actuele toestand vanaf 8 oktober 2026 ↗
3. Check statutory leave and consent
Days or parts of days of illness during an agreed holiday generally do not count as holiday unless you consent in that specific situation. Ask what evidence supports any claimed consent. Continuing a holiday does not automatically mean agreeing to deduction of leave. Unclear statements should be assessed in their context.
Burgerlijk Wetboek Boek 7 · Artikel 638 lid 8, actuele toestand vanaf 8 oktober 2026 ↗
4. Read additional-leave agreements
A written agreement can depart from this rule only up to the number of above-statutory leave days you have for the year. Check your contract and collective agreement and separate statutory from additional hours. This exception does not automatically convert every sick day into holiday. Ask which agreement and hours were applied.
Rijksoverheid · Ziektedagen en bovenwettelijke vakantiedagen ↗
Burgerlijk Wetboek Boek 7 · Artikel 638 lid 8, actuele toestand vanaf 8 oktober 2026 ↗
5. Distinguish holiday during existing illness
If you want to take holiday while already sick, ask your employer for permission. The occupational physician can advise on recovery and reintegration. Agree which hours count as holiday. Actual holiday taken during a sickness period attracts full pay even if ordinary sick pay is lower. Do not confuse this with a disputed deduction.
6. Request a specific explanation or correction
After returning, compare leave records, payslips, notifications and agreements. Request an explanation or correction of specific hours in writing without unnecessary medical information. Keep the response and use our own help-request route promptly for a dispute or threatened pay measure. This preparation sends nothing and does not guarantee your balance or monitor deadlines.
O&P Rijk · Ziekte en vakantie ↗
Rijksoverheid · Ziektedagen en bovenwettelijke vakantiedagen ↗
Burgerlijk Wetboek Boek 7 · Artikel 638 lid 8, actuele toestand vanaf 8 oktober 2026 ↗
Draft query about holiday hours during illness
Complete dates and hours, remove incorrect options and send it yourself to HR or your employer. Do not attach a diagnosis or medical file. This requests explanation or correction; it does not determine entitlement.
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Can my employer deduct every sick day as holiday?
Not automatically. Illness during an agreed holiday generally does not count as holiday unless you specifically consent. A written agreement may depart only within the legal limit for additional days. Check the hours, agreement and any consent.
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Approved holiday dates and normal working hours
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- Approved holiday dates and normal working hours
- Illness onset, sickness and recovery notifications
- Sickness protocol and contact arrangements
- Statutory/additional hours and written agreement
- Deduction, possible consent and payslips
- Disputed hours, employer response and next step
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O&P Rijk · Ziekte en vakantie ↗Rijksoverheid · Ziektedagen en bovenwettelijke vakantiedagen ↗Rijksoverheid · Loon bij vakantie tijdens ziekte ↗Burgerlijk Wetboek Boek 7 · Artikel 638 lid 8, actuele toestand vanaf 8 oktober 2026 ↗Sources may be in Dutch. General information about Dutch law, not individual legal advice.