You report sick and immediately feel the stress. “Will I still get paid?”
Many young people with a side job or a part-time job think they have no right to pay when they are ill. That is often untrue.
This article explains clearly when you are entitled to pay while ill, what employers may and may not do, and what you can do if you are not paid.
As a part-timer, are you entitled to pay while ill?
Yes, in many cases you are.
Even if you:
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are a student
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work part-time
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have a side job
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have a zero-hours contract
you are an employee like any other. And employees are in principle entitled to continued pay during illness.
How much pay do you get while ill?
In most cases:
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at least 70% of your pay
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sometimes 100% (depending on the collective agreement or contract)
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usually for a maximum of 2 years
With young people and side jobs this is often applied incorrectly or ignored altogether.
Ill on a zero-hours or on-call contract
This is another area where things often go wrong.
Are you ill on a day on which you:
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were rostered?
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would normally have worked?
You are then often entitled to pay, based on:
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your average hours
“Then we just won’t roster you again” is not a valid answer.
May an employer stop paying during illness?
Not without good reason.
An employer may only stop pay (in part) if:
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you do not follow the sickness absence rules
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you do not cooperate with checks
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you hinder your own recovery
But:
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ill is ill
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“we don’t believe it” is not a reason
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reporting sick may not be penalised
Reporting sick and dismissal: is that allowed?
Dismissal because of illness is in principle not permitted.
Certainly not:
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immediately after reporting sick
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by text message
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by simply not calling you in any more
This happens often to young people, but legally it is very vulnerable.
What if the employer says: “We don’t pay for sick days”?
We hear that often in side jobs.
But an internal rule, or “that’s how we do it here”, does not override the law.
If you are an employee, statutory rules apply.
What should you do if you get no pay while ill?
Follow these steps:
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Report sick correctly (follow the rules)
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Keep evidence (messages, rosters)
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Check your contract and collective agreement
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Ask for your pay in writing
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Have it assessed whether this is correct
If payment still does not come, you can:
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claim your pay
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demand back pay
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sometimes obtain additional compensation
Common mistakes young people make
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thinking illness is “your own risk”
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not daring to report sick
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not keeping evidence
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accepting non-payment
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waiting too long
That often costs money unnecessarily.
Unsure whether you are entitled to pay while ill?
Are you:
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a student
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a part-timer
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an on-call worker
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a young person with a side job
and are you getting no pay while ill?
Then have it checked. It often turns out that:
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the employer is in the wrong
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you are entitled to pay
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reporting sick has had unjustified consequences
👉 Feel free to get in touch to have your situation assessed.
Related legal services
What can you do if your pay is not paid during illness?
An employer may unfortunately refuse to continue paying while you are ill, even though you are entitled to it. In that situation it is important to know your rights and to act. Here are some practical steps you can follow:
- Check your employment contract and collective agreement: Your contract or collective agreement often states exactly how much pay you get while ill.
- Record your sick report properly: Report sick in line with your employer’s arrangements (by telephone or e-mail, for instance) and keep evidence that you did.
- Contact your employer: Ask for a written explanation of why you are not being paid and refer to your statutory rights.
- Get help: If you cannot resolve it yourself, you can engage a lawyer, for example at Arslan & Arslan Advocaten.
Reintegration and obligations during illness
Besides the right to pay while ill, it is important to know that you also have obligations as an employee. You must cooperate with your reintegration and take part in arrangements with the occupational physician or health service. That applies to part-timers and employees with a fixed-term contract as well. Failing to cooperate can affect your pay and your working relationship.
Specific rules for students and young people
The same statutory rules on pay during illness apply to students and young employees. Even if you have a side job alongside your studies, you are entitled to continued pay. Your employer may point out, however, that you do not work on days you are not normally rostered, and so receive no pay for those days.
When does the right to pay during illness end?
The right to continued pay usually ends after 104 weeks (2 years) of illness. After that an employee can apply for benefit under the Work and Income according to Labour Capacity Act. That applies to part-timers and on-call workers too. It is important to seek advice in good time about your rights and obligations at that stage.
Conclusion
As a part-timer or an employee on a flexible contract you often are entitled to pay while ill, even though many young people think otherwise. Make sure you always report sick on time and in the right way, and know your rights. Is your pay not coming? Then do not wait too long and seek legal help.
Do you have questions or problems around illness and pay? Contact Arslan & Arslan Advocaten. Our team is ready to help with expert advice and legal support, so that you get what you are entitled to.
Read also
- A permanent contract after agency work: how does the chain rule work?
- Signing a settlement agreement: what to watch out for
- The chain rule explained: when do you get a permanent contract?
Frequently asked questions
As a part-time employee, am I entitled to continued pay while ill?
Yes: in most cases you are entitled to at least 70% of your pay, and sometimes 100%, depending on your collective agreement or contract. That applies to young people, students and people on zero-hours contracts too.
What should I do if I get no pay while ill?
Report sick correctly, keep evidence such as messages or rosters, and ask for your pay in writing. If payment does not come, you can claim your pay or demand back pay.
May my employer stop my pay when I am ill?
An employer may not simply stop your pay, except where you fail to follow the sickness absence rules, do not cooperate with checks, or hinder your recovery. Being ill is not in itself a reason to stop pay.
Can I be dismissed because of illness?
Dismissal because of illness is in principle not permitted, certainly not immediately after reporting sick or by text message. It is legally very vulnerable and can result in an invalid dismissal.