Loss of unemployment benefits due to vacation days? Find out now!

Questioner

My friend's unemployment benefit has been reduced due to back payment of holiday pay and unused leave vacation days. He just had work and you're not going to use up your vacation days right away?! But what about unused vacation days that are paid out and reduced, is that allowed?

Lawyer

The SV wage is what national insurance premiums are paid on. A vacation day is equal to a working day. So if your friend has it paid out, it is seen as wages (General Income Decree social security laws). This income received from employment has been eligible for settlement for the WW since July 1, 2015. This means that the income from employment is fully deducted from the benefit, including paid vacation days. Your friend must report vacation pay that is paid out in May to the UWV. But, in my opinion, if it concerns income that relates to a period before your friend received WW (i.e. before the start date), then this income may not be deducted from the WW benefit. Only that part of the vacation pay that was accrued in the period before there was no WW entitlement. To be on the safe side, I will check this for you. I will get back to you as soon as possible.

Lawyer

Apologies, I would like to come back to your question regarding holiday pay (i.e. unpaid holiday days). Here is the answer anyway. The UWV takes into account 8% holiday pay for the income settlement each month. So the income is increased by 8%. If your friend receives the holiday pay in May (for example), the UWV does not deduct this from the unemployment benefit in May. If he receives a salary including holiday pay each month, the UWV does not increase the income by 8%. So the income + 8% holiday pay is settled with the unemployment benefit each month. Hopefully your question has been answered. If not, please let me know.

Questioner

Hello. The settlement of the holiday pay is clear to me. But I do not understand that the unused holiday days are now going to be settled. You are in fact punished for showing your good side, always present. You can rely on that employee. And now this. They come up with it nicely in The Hague. But okay. Thank you for your response.

Lawyer

I completely understand that frustration. Just to be clear, I have a few questions. If the contract has already ended and the accrued vacation days have been paid out, then the income that your friend still receives from the employment contract from which your friend became unemployed will not be deducted from the unemployment benefit. He must however declare this income on the income statement that he must complete for the unemployment benefit. This concerns income from a period in which your friend was not yet unemployed. As I mentioned earlier, accrued rights before your friend received unemployment benefit may not be deducted. Or does your friend have another job in addition to unemployment benefit and has vacation days paid out from that job?