Fell ill during your holiday: what now?

Holiday or sick leave?
Once an employee reports in sick while on holiday, the situation changes. The days that someone is sick cannot be counted as holiday leave. This means that holiday leave can be taken at a later date, provided that the employee reports in sick in good time in accordance with the applicable guidelines. Holiday leave is therefore not automatically converted into sick leave. The employee is required to comply with the absence protocol.
Absence protocol
Most organisations have their own absence protocol. If this is not the case, here is an example that you can use as an organisation in the event of illness during holidays:
- Your employee is required to report sick to their employer as soon as possible (in any case within 24 hours) and, if necessary, to the occupational health and safety service.
- They must indicate the address and/or telephone number where they can be reached.
- If they require treatment at their holiday location, they need to obtain a medical certificate from the attending physician. This could include a diagnosis, recommendations and the expected duration of sick leave.
- If your employee is unable to return to the Netherlands after their holiday for medical reasons, they need to provide proof that they are unable to travel.
- Once your employee has recovered, they need to report back to their manager.
When they are back in the Netherlands, they should contact their manager as soon as possible. That way, they can be called in for a consultation with the occupational physician.
Legal context
However, it is possible for sick days to be classified as holiday leave. Legally, there are two conditions for this:
- The agreement must be stated in the employment contract or collective labour agreement, or the employee must give their consent.
- It may only apply to holiday leave in excess of the statutory minimum.
If there is no written agreement, the employer can make an agreement with the employee at the time the sick report is submitted for converting holiday leave into sick days. If the employee does not agree, the time will remain holiday leave and will not be converted into sick days.
Falling ill while on holiday is unpleasant – for the employee and for you as an employer. By making clear agreements and remaining compassionate in your communication, you can reach a satisfactory solution together. Good preparation and clear procedures ensure that both the employee and the employer know where they stand, even when things do not go as planned.