{"product_id":"vragen-70541-goedemorgen-ik-heb-een-vraag-over-mijn-vakantieuren-vanaf-feb-dit-jaar-ben-ik-geopereerd-aan-mijn","title":"Rights regarding vacation days and illness","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Good morning\n \nI have a question about my vacation time. I had knee surgery in February of this year. I started working two hours a week in June, but not my own work yet, just doing odd jobs at the office. My question is: our construction vacation is four weeks and fixed, so I couldn't keep coming in for those two hours because the office was closed, so I had to stay home. And now four weeks of construction vacation have been taken away even though I was still fully sick-registered with the occupational health and safety department. Is my boss allowed to do this? There's nothing about it in the collective labor agreement or the contract.\n\n Kind regards\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Has your employer had any consultation with you about this?\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n No, no consultation.\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n If it has not been agreed (in the employment contract or collective labor agreement) and no agreement has been reached, these vacation days may not be offset.\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n His accountant sent this\n\n\n\r \nThis new legislation follows an earlier ruling by the Court of Justice of the European Union of 20 January 2009 (Vicente Pereda). In this ruling, the Court ruled that an incapacitated employee is fully entitled to accrue their statutory vacation days. The old Dutch provision, which stipulated that a sick employee only accrues vacation days for the last six months of their illness, is therefore in conflict. Under the new legislation, an employee accrues leave for the entire period of illness. The legislator has countered this by stipulating that a sick employee must take vacation days during their illness.\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":56301493748061,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-70541-goedemorgen-ik-heb-een-vraag-over-mijn-vakantieuren-vanaf-feb-dit-jaar-ben-ik-geopereerd-aan-mijn","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}