Rights in case of illness during vacation | Legal aid
Questioner
I broke my wrist during my holiday in Spain. According to my boss I am not entitled to sick leave because I continued my holiday in Spain, but in a different way than we had planned. Is this correct? I work in disability care.Lawyer
No, that is not correct. An employee who is sick during the holiday does not have any holiday for that period (art. 7:637-2 BW). This means that an employee who becomes sick before going on holiday does not take any hours for the days that he is sick. In your case, if the employee falls ill during his vacation, he can report sick immediately. If possible, he follows the procedures that apply to reporting sick. If the illness occurs abroad, it is difficult to monitor this, whereby the regulations on reporting sick may prescribe that you must submit a statement from a foreign doctor. If the sick leave does not occur during the “vacation”, you may be able to demonstrate afterwards that you have been sick for a certain number of days. The employer will continue to pay the salary for the sick days that are not vacation days. The entitlement to vacation is not reduced by the sick days. If you wish, you may contact me directly for further information.Questioner
Thank you for your response, I will show this to my boss and am curious to see how this goes.Lawyer
If you cannot reach an agreement with your employer or if you encounter resistance, you can contact me again. Good luck with that.Neem de volgende stap
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