During illness you in principle build up statutory holiday for as long as you are entitled to pay. You can also take holiday during illness. You make arrangements about that with your employer; during those holiday days you are entitled to your normal holiday pay. Illness does not automatically mean that holiday days remain outstanding indefinitely, but neither may your employer simply let them lapse.
It is precisely with long-term incapacity for work that errors arise in leave records. The build-up is tied to the reintegration hours worked, a balance disappears on 1 July, or during holiday only the lower sickness percentage is paid. At the end of the employment a considerable amount can be missing in that way. A proper check starts with distinguishing between build-up, taking leave, lapse and payment.
This article explains which questions you should ask and which documents you need. If a termination proposal is also in play, read our information on dismissal and illness. Do not sign any arrangement about a leave balance before it is clear how that balance has been calculated.
Do you build up holiday days if you are ill?
The main rule for statutory holiday is tied to the entitlement to pay. Illness during a period of continued payment of wages does not remove that build-up. So you do not build up holiday only over the hours in which you actually turn up at the office. An employee who is at home fully incapacitated for work can also build up statutory holiday.
The statutory minimum is four times the agreed weekly working hours per year (article 7:634(1) of the Dutch Civil Code); over part of a year the build-up is proportionate (paragraph 2). With a permanent contract of 32 hours a week that means 128 statutory holiday hours over a full year. If you work five days of eight hours, 160 statutory holiday hours equal twenty working days. Where you join or leave during the year, the calculation is pro rata.
The situation calls for attention again when the statutory period of continued payment of wages ends. A dormant employment does not automatically mean that the same build-up continues indefinitely. Investigate then whether an entitlement to pay still exists, for instance through a wage sanction, and what the statute, the collective agreement and any arrangements provide for that period. A dispute about the validity of a wage stop can also have consequences for the assessment of the build-up.
What is the difference between statutory days and days above the statutory minimum?
Statutory holiday days are the minimum. Days above the statutory minimum are the extra holiday entitlements from your contract or collective agreement. Different arrangements can apply to those extra days, for instance about the build-up during illness and the possibility of paying days out during the employment.
| Subject | Statutory holiday | Holiday above the statutory minimum |
|---|---|---|
| Extent | At least four times the weekly working hours per year | Extra entitlements from the contract or collective agreement |
| Illness | In principle build-up while there is an entitlement to pay | Also check the contract and the collective agreement |
| Period for which they are kept | In principle lapse after six months, with exceptions | In principle limitation after five years |
| Buying out during the employment | Not permitted | Possible by written agreement (article 7:640(2) of the Civil Code) |
| End of the employment | Outstanding valid entitlements are paid out | Outstanding valid entitlements are paid out |
Have your employer itemise the balance per year of build-up and per type of holiday. A total of, say, 180 hours says little if it is not known which part is statutory and which year it comes from. Reduced-working-hours schemes, time-for-time and a personal choice budget are moreover not automatically holiday days; separate rules can apply to those.
How does holiday work with partial reintegration?
A common confusion arises where someone with a contract of forty hours temporarily reintegrates for ten hours a week. The statutory build-up during continued payment of wages is not simply reduced to those ten hours. The agreed volume of work remains the starting point, unless the contractual situation itself has changed.
When a full week of holiday is taken, the normal contract hours are usually likewise taken as the basis. Holiday releases you during that period from both work and the agreed reintegration activities. It is therefore usually not correct to deduct only the ten reintegration hours for a whole week of absence. Have it recorded in advance which period counts as holiday and how many hours are written off.
In doing so, distinguish between full holiday, a single free afternoon and the cancellation of one therapeutic activity. Those are not automatically the same situations. A roster, an action plan and written confirmation of the leave arrangement prevent a different number of hours being recorded afterwards from the one you intended.
May you go on holiday if you are ill?
Yes, illness and holiday do not exclude each other. A holiday need not stand in the way of recovery. You do, however, ask your employer’s permission and make arrangements about the consequences for current work and reintegration obligations. Where there is doubt about your capacity, the company doctor’s functional advice can help.
Discuss the period, being reachable and any arrangements with the occupational health service. During an agreed holiday it stands to reason that the normal reintegration activities are interrupted. Make sure that is clear administratively as well. A trip booked without consultation often makes an already existing difference of view about cooperation more complicated.
You do not have to give your employer your complete medical file for that. The relevant question is whether the holiday is compatible with recovery and the arrangements made. A company doctor can give functional information without your manager receiving diagnoses or treatment reports. If permission is refused, ask for the concrete reason and for a workable alternative.
Do you get one hundred per cent pay during holiday?
When you take holiday days during illness you are entitled to your normal holiday pay; the employee retains the entitlement to pay during their holiday (article 7:639(1) of the Civil Code). An employee who receives only seventy per cent during illness therefore does not automatically receive only seventy per cent over the holiday days taken either. The Dutch government confirms this in its explanation of full pay during holiday while ill.
Check the payslip on which the holiday days have been processed. If only the leave balance has been reduced and the payment remains fully at the sickness percentage, ask for an itemisation and, if necessary, back payment. Which fixed and variable components of pay belong to the normal holiday pay sometimes requires an additional calculation.
This does not mean that you are entitled to one hundred per cent pay for every day on which you are ill. It concerns holiday actually taken. Sick leave and holiday must be distinguished from each other both administratively and substantively. Nor can an employer use the higher holiday pay as a reason to book sick days as holiday without an arrangement.
May your employer deduct sick days from your holiday?
Not simply. Absence because of illness is not automatically holiday. Sick days only count as holiday if you consent to that in the case at hand; it can be arranged in advance by written agreement, but solely for the part above the statutory minimum (article 7:637 of the Civil Code). With arrangements made in advance about exchanging illness for holiday it concerns entitlements above the statutory minimum, and it must be checked whether the arrangement has been validly recorded.
A holiday already planned also deserves attention where you fall ill before departure. Merely saying that you still want to make the trip does not in every situation make clear that you also consent to holiday days being deducted. Record separately whether you are taking holiday, how many hours that is and what payment goes with it.
If you fall ill during a holiday that has been fixed, those days do not count as holiday unless you consent to it or something else has been agreed in writing for the part above the statutory minimum (article 7:638(8) of the Civil Code). Report the illness in accordance with the applicable rules. Keep medical confirmation where necessary and remain reachable for reasonable monitoring. Illness can be a reason not to count days as holiday, but the facts and any valid arrangements are decisive. Do not leave a request to restore the balance until the final settlement.
Holiday days lapsing during long-term illness
Statutory holiday days in principle have a period of lapse of six months after the last day of the calendar year in which they were built up (article 7:640a of the Civil Code). Days from 2026 then lapse on 1 July 2027. A more generous period may have been agreed. Days above the statutory minimum in principle have a limitation period of five years after the last day of the year of build-up (article 7:642 of the Civil Code).
But an employer cannot look only at the calendar. If you were reasonably not in a position to take holiday, the short period of lapse is, under article 7:640a of the Civil Code itself, not applied. Illness in itself does not yet give a complete answer to that: some sick employees can enjoy holiday, others in fact cannot because of their medical situation.
In addition, with statutory holiday the employer must take account of its obligation actually to make taking leave possible (article 7:638(1) of the Civil Code) and to inform the employee clearly about impending loss. European case law protects the right to annual holiday against automatic loss where that opportunity and information are absent. The judgment C-120/21 on the limitation of holiday entitlements underlines that responsibility.
That judgment concerns German proceedings. So it does not provide a Dutch standard period of three years. For a Dutch leave balance the national periods and the European conditions must be assessed together. The outcome can also differ between statutory holiday and holiday above the statutory minimum.
Is a notice in the staff portal enough?
A general rule in a handbook is not automatically an adequate warning about the concrete loss of your statutory holiday. What matters is whether the employer actually enabled you to take holiday and informed you with sufficient precision and in good time. The employer must be able to substantiate how it met those obligations.
So ask which warnings were sent, on what date and about which balance. Was the notice intelligible? Did you know how many hours were at risk of lapsing? Was there a realistic possibility of taking those hours? A warning shortly before the deadline while leave requests are structurally refused raises different questions from timely information with an available opportunity to take leave.
Nor does a missing reminder mean that every old balance is claimable without limit and without any further assessment. The precise entitlement, the circumstances and the applicable period remain relevant. Keep your documents and have a dispute assessed in good time; do not assume automatic protection.
An example of a disputed leave balance
This fictional example shows how the check works. An employee has a contract of 32 hours and becomes ill on a long-term basis in February. In the portal a balance of 40 statutory hours from the preceding year disappears on 1 July. The employer takes the position that the automatic lapse date is decisive.
The employee then asks about the breakdown of the balance, the warnings sent and the possibilities of taking holiday. It appears from the correspondence that two leave requests were refused and that no alternative was discussed. It is also unclear whether the medical situation allowed leave to be taken. Those circumstances can be relevant to the validity of the lapse.
The correct first step here is not to claim an arbitrary amount, but to reconstruct the balance. Only after that can it be determined whether hours must be credited back and whether, on a later departure, an entitlement to payment arises. The outcome depends on the evidence and the applicable rules; the example is not a prediction of proceedings.
What happens to holiday days on dismissal during illness?
At the end of the employment contract, outstanding holiday entitlements that are still valid must be settled. Have it checked which hours remain, whether earlier deductions are correct and at what value of pay they are paid out. The sickness percentage last paid is not automatically the correct value of a holiday day.
In a settlement agreement, watch out for sentences in which all holiday is deemed to have been taken. That can make a separate payment disappear. Nor does release from work automatically mean that all holiday days have validly been used up. Make a concrete arrangement about the balance and the settlement before you sign.
Our explanation of the settlement agreement helps in assessing such arrangements. For a missing payment the information about a wage claim can also be relevant. A letter about the leave balance does not automatically safeguard any short periods for other dismissal claims.
This is how you check your holiday records
Request an overview with the opening balance, build-up, leave taken, corrections and closing balance per year. Put your employment contract, the collective agreement, your work roster and your payslips alongside it. Check separately which hours are statutory, above the statutory minimum or from another leave scheme. With each disputed entry, note the date and your objection.
Keep in addition leave requests, refusals, warnings about lapse and arrangements made during illness. Keep medical documents carefully and share them only where necessary with the right professional. A manager usually does not need an extensive diagnosis for an administrative correction. Ask first which information is really necessary for the assessment.
Sample e-mail about disappeared holiday days
Adapt this text to your situation:
Dear Sir or Madam,
In my leave overview a reduction of [number] holiday hours was processed on [date]. I would like to receive an itemisation per year of build-up and per type of holiday, with the reason and the legal basis for this deduction.
For the time being I dispute that these hours have validly lapsed or been taken. Could you also state when I was concretely informed about the impending lapse and how I was enabled to take the holiday concerned? In so far as relevant, I ask you to take account of my situation during illness and of the leave requests discussed earlier.
I ask you to respond within fourteen days and to restore the balance if there is no adequate ground for the deduction. I expressly reserve my entitlements.
Yours faithfully,
[Name]
This e-mail is a starting point for an explanation and a correction. Whether a letter also validly interrupts a limitation period depends on the entitlement and the wording. A period of lapse moreover works differently from limitation. With older or substantial balances, seek specific advice.
Frequently asked questions about holiday days during illness
Do I build up holiday days during long-term illness?
In principle yes for statutory holiday, for as long as you are entitled to pay. For days above the statutory minimum you also look at the contract and the collective agreement. After the end of the period of continued payment of wages it must be assessed again which build-up still applies.
Do I build up less holiday if I only reintegrate for a few hours?
The statutory build-up during continued payment of wages is not based solely on your actual reintegration hours. The agreed working hours in principle remain the starting point. A genuine change to the contract can have consequences.
May I go on holiday with a burn-out?
That is possible, but ask permission and align the holiday with recovery and reintegration. Where there is doubt, the company doctor can advise on the functional possibilities. A diagnosis alone does not determine whether a specific holiday is appropriate.
Do I get full pay if I take holiday during illness?
Yes, with holiday days taken you are entitled to your normal holiday pay. That is not automatically limited to the lower percentage you receive during illness. Check whether the employer processes the holiday correctly on your payslip.
Do statutory holiday days always lapse on 1 July?
No. That is the usual lapse date for days from the preceding year, but exceptions and more generous arrangements can apply. The possibility of taking holiday and the employer’s duty to inform are also relevant.
May my employer record illness as holiday?
Not simply. Restrictions apply to designating sick days as holiday, and consent or valid written arrangements may be required. Ask which rule is being applied and dispute an incorrect deduction in good time.
What if I fall ill during my holiday?
Report the illness in accordance with the applicable rules and cooperate with reasonable monitoring. Ask for the leave records to be adjusted if days should not count as holiday because of illness. Keep the relevant confirmations.
Can I have statutory holiday days paid out while I remain employed?
Statutory holiday days may not be bought out during the employment (article 7:640(1) of the Civil Code). At the end of the employment contract, outstanding valid entitlements are paid out (article 7:641(1) of the Civil Code). For days above the statutory minimum, buying out during the employment is possible, but only by written agreement (article 7:640(2) of the Civil Code).
Are my holiday days automatically taken if I am released from work?
No. Release from work and holiday are different things. Check whether a valid arrangement about taking leave has actually been made. A provision with consequences for the balance to be paid out can be found in a settlement agreement in particular.
What can Arslan Advocaten check?
Arslan Advocaten can assess your leave overview, terms of employment, correspondence and termination arrangements legally. It concerns the correctness of the build-up, the validity of deductions and any payment. The documents available determine what follow-up is appropriate.
Have your leave balance assessed
Are days disappearing from your overview, are you getting too little pay during holiday, or is there a termination proposal on the table? Bring your leave records, contract, collective agreement and recent payslips. Through contact with Arslan Advocaten you can put your question and discuss what assessment is needed.
Sources and legal basis
- Dutch Civil Code Book 7, in particular articles 7:634, 7:635 and 7:637 to 7:642. The concrete entitlement also depends on the collective agreement and any arrangements.
- The Dutch government on taking and keeping holiday days.
- The Dutch government on full pay during holiday while ill.
- The Dutch government on exchanging illness for holiday days.
- Court of Justice of the European Union, 22 September 2022, C-120/21, ECLI:EU:C:2022:718, on limitation and the employer’s obligations regarding annual holiday.