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Sick Leave Notification Rules in the Netherlands

Sick Leave Notification (Ziekmelding) in the Netherlands

When an employee in the Netherlands becomes unable to work due to illness, they are required to notify their employer as soon as possible - typically on the first day of absence, and usually before the start of the workday. This obligation flows from the duty of good employeeship under Article 7:611 of the Dutch Civil Code and is usually made more specific in the employment contract, company policy, or applicable cao (collective labour agreement).

The notification is called a ziekmelding. Most employers prescribe the method (telephone call to the direct manager, rather than a text message or email) and the timing. Employers may also specify what information the employee must provide: in principle, only the expected duration of absence and the employee's contact details. Under the Wet bescherming persoonsgegevens / AVG, the employee is not required to disclose the nature of the illness - the employer and HR may only ask about functional limitations, not diagnosis.

Employer obligations after the ziekmelding under Dutch law

  1. Register the sick leave internally and begin the Wet verbetering poortwachter clock.
  2. Register the absence with the arbo-dienst or bedrijfsarts so the 6-week probleemanalyse timeline begins.
  3. If applicable, notify the UWV within four days for employees with an organic disability or pregnancy-related illness, to claim Ziektewet compensation.
  4. Maintain contact with the sick employee in a supportive but non-intrusive way - excessive contact or contact that pressures recovery can itself violate the good employer norm.

Consequences of improper notification under Dutch law

An employee who fails to notify the employer of sick leave in accordance with the agreed rules may have sick pay withheld for the period of improper notification, under Article 7:629(6) of the Dutch Civil Code. However, the employer may only withhold pay - not terminate employment - for notification failures. The employer must have a clear, communicated notification policy. Withholding sick pay without a written policy risks legal challenge. For related matters, see sick pay obligations, the company doctor, and reintegration obligations. Seek advice from an employment lawyer in the Netherlands for complex cases.

Employers may suspend sick pay if the employee fails to comply with written notification and information rules needed to determine entitlement to remuneration under Article 7:629(6) of the Dutch Civil Code. Several categories of workers fall outside the Article 7:629 of the Dutch Civil Code regime entirely - including fixed-term contract workers still ill after contract expiry, on-call workers, and temporary agency workers - and instead receive benefits under the Sickness Act (Ziektewet) as a social security entitlement.



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