You call in sick and immediately feel stressed. “Will I still get paid now?”
Many young people with a side job or part-time job think that they are not entitled to pay while sick. That is often not true.
In this blog we clearly explain when you are entitled to pay while sick, 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 sick pay?
Yes, in many cases you are.
Even if you:
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are a student
-
work part-time
-
have a side job
-
have a zero-hours contract
you are simply an employee.And employees are in principle entitled to continued pay during illness
.
How much pay do you get when you are sick?
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In most cases, the following applies:at least
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70% of your paysometimes 100%
-
(depending on collective labour agreement or contract)usually for up to
2 yearsFor young people and in part-time jobs, this is often incorrectly
applied or completely ignored.
Sick under a zero-hours contract or on-call contract
This often goes wrong here as well.
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Are you sick on a day when you:
-
were scheduled?
would normally work?Then you often have right to wages
-
, based on:
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your average hours
the legal presumption of working hours“Then we’ll just stop scheduling you” is not a valid solution
.
Can an employer stop paying during illness?
Not just like that.
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An employer may only stop paying wages (in part) if:
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you do not adhere to sick leave rules
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you do not cooperate with checks
you hinder your recovery
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But:
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sick = sick
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“we don’t believe it” is not a reasoncalling in sick is allowed
should not be punished
Calling in sick and dismissal: is that allowed?Dismissal due to illness is in principle not allowed
.
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Certainly not:
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immediately after reporting sick
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via an app message
by no longer calling you inThis often happens with young people, but legally very vulnerable
.
What if the employer says: “We don’t pay when you’re sick”?
We often hear that with side jobs.But: an internal rule or “this is how we do it here” is not above the law
.If you are an employee, statutory rules apply
.
What should you do if you don’t get paid when you’re sick?
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Follow this step-by-step plan:Report your sickness correctly
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(follow the rules)Keep evidence
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(messages, schedules)
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Check your contract and collective labor agreement
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Request your pay in writing
Have this reviewed to see if it’s correct
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If payment is still outstanding, you can:
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claim wages
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demand back pay
sometimes receive extra compensation
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Common mistakes young people make
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thinking that illness is “own risk”
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not daring to call in sick
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not keeping proof
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agreeing to non-payment
waiting too long
That often costs money unnecessarily.
Are you unsure whether you are entitled to pay when sick?
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Are you:
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student
-
part-timer
-
on-call worker
young person with a side joband do you get no pay during illness
?Then have it checked
-
. Often it turns out that:
-
the employer is in the wrong
-
you are entitled to pay
reporting sick has unjust consequences
Understanding Your Rights and Obligations When Calling in Sick
In the Netherlands, when you call in sick, it is important to inform your employer as soon as possible, ideally before your scheduled working hours begin. This allows your employer to make necessary adjustments and ensures that your sick leave is properly recorded. Keep in mind that you may need to provide a medical certificate if your employer requests it, especially if your absence lasts longer than a few days.
How Sick Pay Works for Part-Timers and Zero-Hours Contracts
For part-time workers and those on zero-hours contracts, sick pay is calculated based on your average earnings. This means your employer will look at your income from previous months to determine your average pay. If your working hours fluctuate, the average calculation ensures you receive fair compensation during your illness.
For example, if you worked 12 hours per week on average over the last three months, your sick pay will be based on those 12 hours, even if you were scheduled for fewer hours during the sick period. This protects you from losing income simply because your working hours vary.
What to Do If Your Employer Does Not Pay Sick Pay
If your employer refuses to pay sick pay, first check your employment contract and any applicable collective labour agreement (CAO). These documents often include provisions about sick leave and pay. If you believe your rights are being violated, you can:
- Discuss the issue directly with your employer or HR department
- Contact the Dutch Employee Insurance Agency (UWV) for advice
- Seek legal assistance to understand your options and possibly enforce your rights
Legal Protections for Sick Employees
Under Dutch law, employees have strong protections against dismissal during illness. Your employer cannot terminate your contract solely because you are sick. In addition, employers have a duty to support your recovery and reintegration into the workplace, including offering adjusted tasks or working hours if necessary.
Practical Tips to Ensure You Receive Your Sick Pay
- Always report your illness promptly and follow your employer’s reporting procedures
- Keep records of your communications about your sickness
- Request a written confirmation of your sick leave and pay arrangements
- Understand your contract and any CAO applicable to your job
- Consult with a legal expert if you encounter difficulties
Being informed about your rights as a part-time or zero-hours contract employee will help reduce the stress and uncertainty when you are sick. If you want to ensure that your rights are protected and receive the sick pay you are entitled to, Arslan & Arslan Advocaten can provide expert legal advice and support tailored to your situation.
Contact Arslan & Arslan Advocaten today to discuss your case and secure your rights.
Frequently Asked Questions
Am I entitled to sick pay as a part-time or student employee?
Yes, in many cases, part-time, student, and side-job employees are entitled to sick pay if they are classified as employees. Employers are generally required to pay at least 70% of your wages during illness, sometimes up to 100%, depending on your contract or collective agreement.
What should I do if my employer refuses to pay me when I am sick?
You should report your sickness correctly, keep evidence such as messages or schedules, and review your employment contract and collective labor agreement. If payment is still denied, you can claim wages, request back pay, and seek additional compensation if applicable.
Can my employer dismiss me if I call in sick?
In principle, dismissing an employee due to illness is not allowed, especially if it happens immediately after reporting sick or via informal methods like a message. Employers cannot dismiss employees solely because they are sick, and such dismissals are legally vulnerable.
Are there any rules I need to follow when taking sick leave as a part-timer?
Yes, you must follow proper sick leave procedures, such as reporting your sickness correctly and adhering to any relevant rules in your contract or collective agreement. Not cooperating with checks or hindering recovery can affect your right to sick pay.