Will I still be paid if I am sick?
February 25 2021
Are you in paid employment and are you sick? Then your employer is legally obliged to continue to pay you at least 70 percent of your wages. You may deviate from this, but only if it is in your favor. For example, many employers and sectors have laid down in a collective labor agreement that you will receive a higher percentage of your wages during illness. Curious about the exact situation with continued payment of wages during illness? You can read it in this blog.
Compulsory continued payment of wages in the event of illness
When you are sick, your employer must continue to pay your wages for at least 104 weeks. You are entitled to at least 70 percent of your last-earned wages. Do you fall below the minimum wage as a result? Then your employer must supplement this up to the minimum wage for the first 52 weeks. In the 52 weeks after that, this is no longer necessary, which means that you may earn less than the minimum wage. In that case you may be entitled to an allowance through the UWV.
Amount of the wage
Your employment contract or collective labor agreement may state that you will receive more than 70 percent of your wages if you are ill. The percentage is often higher in the first year than in the second: for example, you will receive 100 percent of your salary in the first year of illness and 70 percent in the second.
Some employment contracts or collective labor agreements stipulate that there are waiting days: often the first or first two days of your illness. The obligation to continue to pay wages does not apply on these days. So are waiting days agreed in your employment contract or collective labor agreement? Then you will not receive any wages for these days.
Exceptions to the obligation to continue to pay wages
In most cases you are entitled to continued payment of wages in the event of illness, but there are a few exceptions. For example, your employer can suspend or stop the continued payment of wages if you:
- caused the disease intentionally;
- during your appointment you concealed defects that were important;
- are able to perform your duties;
- refuses to cooperate with your recovery;
- refuses to perform suitable work;
- fail to cooperate with reasonable regulations and measures;
- do not cooperate in drawing up, evaluating and adjusting your plan of action for reintegration;
- you apply for WIA benefit too late.
Continued payment of wages in quarantine
Do you have to be quarantined, have you called in sick and are you unable to work from home? Then you are also entitled to continued payment of your wages. Even if you are not sick and do not show any symptoms, but you have to be quarantined, for example, because you have been in contact with someone who is infected with corona.
Check your collective labor agreement or contract
It is important to check in your employment contract or collective labor agreement what has been arranged for continued payment of wages in the event of illness. In addition, adhere to the reintegration obligations, even if you disagree with something. You can of course always contact our legal advisers to discuss your rights and obligations during illness.
Do you have any questions about continued payment of wages during illness? Please do not hesitate to contact us. Our Service Center is available every working day from 8.00 a.m. to 18.00 p.m., via email@example.com and 0345 851 963.