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Sick pay in the Netherlands: how much you owe, and for how long

Dutch law requires 70% continued pay during sick leave for up to 104 weeks, with a minimum-wage floor in year one. Here is how the gatekeeper regime and its wage sanction work.

by Reeta Kari··
Sick pay in the Netherlands: how much you owe, and for how long
  • You continue paying 70% of wages during sick leave, for up to 104 weeks, the same percentage in year 1 and year 2; only the floor underneath changes.
  • In the first 52 weeks, a minimum-wage floor applies: if 70% of wages would fall below the statutory minimum wage, you must still pay at least the minimum wage. That floor disappears in weeks 53–104.
  • The occupational health doctor’s problem analysis is due by week 6, the action plan by week 8, and the first-year evaluation at the end of week 52.
  • A wage sanction extends your continued-pay obligation by up to 52 extra weeks if the benefits agency (UWV) finds your reintegration efforts insufficient.
  • The maximum daily wage above which you owe nothing further has stood at €309.91 per day since 1 July 2026.
  • Large employers pay a disability insurance fund (Aof) rate of 7.63% in 2026; small employers pay 6.27%, with a separate, lower-exposure profile for the return-to-work fund (Whk).

How much do you have to keep paying an employee who is sick?

You continue paying 70% of wages for two years. The percentage is the same in both years; only the floor underneath shifts. The employee keeps the right to 70% of wages, calculated per time unit, for 104 weeks. You must pay at least the applicable statutory minimum wage for the first 52 weeks (Article 7:629(1) of the Dutch Civil Code). This is the most misunderstood rule in Dutch sick-leave law: there is no separate, lower percentage for year two. The percentage stays at 70%; what falls away after week 52 is only the guarantee that you will never drop below the minimum wage.

Two limits bound that 70%. First, the statutory minimum wage: €14.99 per hour for employees aged 21 and over, in force from 1 July through 31 December 2026 (€14.71 in the first half of the year); see the current minimum-wage rates from the Dutch government. Second, the maximum daily wage: wages above this cap do not count toward the 70% calculation. That cap has stood at €309.91 gross per day since 1 July 2026 (€304.25 in the first half), and is revised twice a year, on 1 January and 1 July.

You may agree with the employee, or through a collective bargaining agreement, that the first two days of a sick-leave report go unpaid: the so-called waiting days. That is the only departure ever allowed to the employee’s disadvantage (Article 7:629(9) of the Dutch Civil Code). Everything else is a statutory floor: a collective bargaining agreement or an individual employment contract may raise the 70% (many collective agreements top it up to 100%, sometimes for the whole period) but never lower it. For domestic staff working fewer than four days a week, and for employees who have reached the state pension age, a shortened period of six weeks applies instead of 104 (Article 7:629(2) of the Dutch Civil Code).

Period Percentage Floor Basis
Year 1 (week 1–52) 70% of wages At least the statutory minimum wage Art. 7:629(1) Civil Code
Year 2 (week 53–104) 70% of wages No floor — can fall below minimum wage Art. 7:629(1) Civil Code
Both years Wages above the maximum daily wage do not count €309.91/day as of 1 July 2026 Art. 17(1) Social Insurance Financing Act
Waiting days (optional, by agreement) 0% for up to 2 days Art. 7:629(9) Civil Code
Domestic staff (<4 days/week) or state pension age 70% As above Art. 7:629(2) Civil Code, 6-week duration

Work out your own continued-pay obligation using the current minimum wage and maximum daily wage before you finalize a payslip for a sick employee.

Which steps of the gatekeeper regime do you need to take, and when?

Within a fixed sequence of weeks, you need to arrange a problem analysis, an action plan, and a first-year evaluation. Miss any of these steps, and the benefits agency (UWV) can hold you liable for a wage sanction. This whole process follows from the reintegration rules for employers, often called the gatekeeper regime, set out in the Regulation on the First and Second Year of Sick Leave Procedure and Article 7:658a of the Dutch Civil Code.

As soon as long-term sick leave looks likely, you need a judgment from the occupational health doctor or occupational health service: the problem analysis. It is due by week 6 after the first day of sick leave at the latest (Article 2(2) of the Sick Leave Procedure Regulation). If that judgment shows there is still room to support a return to work, you and the employee draw up the action plan together. Do this within two weeks, so by week 8 at the latest (Article 4(1) of the Sick Leave Procedure Regulation). That plan gets evaluated periodically and, at a minimum, at the end of the first year of sick leave: the first-year evaluation, around week 52 (Article 4(2)(b) of the Sick Leave Procedure Regulation). You may deviate from these deadlines with justification, but not without one (Article 5 of the Sick Leave Procedure Regulation).

Around week 89, the benefits agency (UWV) writes to the employee about the option to apply for a long-term disability benefit under the Work and Income Act, known as the WIA. The employee must submit that application at least eleven weeks before the end of the waiting period, so by week 93 (Article 64(2) and (3) of the WIA). All these steps together make up the reintegration report, which the benefits agency uses to judge whether you have done enough.

Week (from first day of sick leave) Action Who Basis
Day 1 Sick leave reported to employer; record-keeping begins Employer Sick Leave Procedure Regulation, Art. 3
By week 6 at the latest Problem analysis by occupational health doctor/service Employer, via occupational health doctor Sick Leave Procedure Regulation, Art. 2(2)
By week 8 at the latest Action plan drawn up Employer + employee Sick Leave Procedure Regulation, Art. 4(1); Art. 7:658a(3) Civil Code
Periodic, by week 52 at the latest Action plan evaluated; first-year evaluation Employer + employee Sick Leave Procedure Regulation, Art. 4(2)(b)
In practice, by week 89 at the latest Benefits agency informs employee of disability benefit application option Benefits agency (UWV) WIA, Art. 64(2)
By week 93 at the latest Employee submits disability benefit application Employee WIA, Art. 64(3)
By week 98 at the latest Benefits agency decides on wage sanction (if applicable) Benefits agency (UWV) WIA, Art. 25(10)
Week 104 End of waiting period / end of continued-pay obligation (absent a sanction) Art. 7:629(1) Civil Code; WIA, Art. 23

Put every gatekeeper-regime deadline directly into your calendar on the first day of sick leave, not once week 6 is already looming.

When do you need to start second-track reintegration?

There is no hard week-52 deadline in the statute. The real turning point is the outcome of the first-year evaluation. Once the employee’s own job is no longer possible, and there is no other suitable work within your company, you have to support their placement with another employer. This is an open-ended duty, without a week number attached (Article 7:658a(1) of the Dutch Civil Code). The benefits agency (UWV) calls reintegration within your own organization first-track reintegration, and everything outside that (with another employer, through secondment, or as a self-employed worker) second-track reintegration.

The practical deadline does not come from the statute but from the benefits agency’s own assessment framework, the Gatekeeper Process Guide. It states that second-track reintegration must start within six weeks of the first-year evaluation at the latest. The one exception: you have a concrete prospect of structural return to work within your own organization inside three months. That is not a statutory provision but the framework the insurance physician and labor expert actually use when assessing a wage sanction. The distinction is exactly the point: the statute only imposes the open-ended obligation, and the benefits agency translates that into a concrete deadline when assessing after the fact.

For your own planning, treat week 58 — six weeks after the first-year evaluation around week 52 — as the de facto outer limit. Document explicitly why you start later if you do; the three-month exception is the only accepted reason for delay.

What is a wage sanction, and who imposes it?

A wage sanction extends your continued-pay obligation by up to 52 extra weeks, imposed by the benefits agency (UWV) when it finds your reintegration efforts insufficient during the disability benefit application. If handling the disability benefit application shows you failed to meet your obligations without good reason, the benefits agency extends your continued-pay period. This gives you up to 52 extra weeks to fix the shortcoming (Article 25(9) of the WIA).

The benefits agency assesses this when handling the disability benefit application and the reintegration report. It must decide at least six weeks before the end of the 104-week waiting period, so around week 98 (Article 25(10) of the WIA). The labor expert then checks systematically: whether the employee’s own job can be made suitable, whether other suitable work exists within your organization, and whether second-track reintegration was launched in time and adequately. If you fix the shortcoming before the sanction period ends, you can submit a request to shorten it; the benefits agency then reassesses and may cancel the remaining sanction period.

Build your own file so that, at every step, you can show which effort you made and why, rather than only that you did something.

What must the occupational health doctor do, and what are you barred from asking?

You are required to engage a certified occupational health doctor or occupational health service to support sick employees, but you may never ask about, or record, the diagnosis yourself. You must have yourself supported, in guiding employees who are unable to work, by an occupational health doctor or a certified occupational health service — a duty to bring in expert support (Article 14(1) of the Working Conditions Act). That same law also guarantees the employee effective access to the occupational health doctor and the right to a second opinion (Article 14(2)(e)–(g)).

The privacy line here is sharp, and the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) enforces it. What an employee has, and why, is not information you need to hold, because health data counts as a special category of personal data. See the Data Protection Authority’s guidance for employers on sick employees. Even if the employee volunteers the diagnosis, you may not record or share it, and the employee’s explicit consent does not make that permissible either. What you may register: the contact number and address where the employee is staying, the expected duration of the sick leave, and ongoing tasks and appointments. You may also record whether the sick leave is connected to a workplace accident, and whether the employee falls under one of the four Sick Leave Act safety-net schemes.

Set out explicitly in your sick-leave policy which questions a manager is and is not allowed to ask when someone reports sick, so that line does not get reinvented case by case.

What happens after two years of sick leave?

After 104 weeks, the benefits agency carries out a disability assessment, and only then does dismissal come into view, never earlier and never without permission. In that assessment, a loss of income above 35% entitles the employee to a disability benefit. Full and permanent incapacity for work triggers a full incapacity benefit (IVA). Partial capacity — where the employee still has, or is expected to regain, some ability to work — triggers a partial capacity benefit (WGA) instead (UWV, Differentiated WGA and Sick Leave Act Contributions 2026, Annex III).

Ending the contract can happen by agreement with the employee, or otherwise only with a dismissal permit from the benefits agency. The condition for that permit: you expect the employee will still be unable to return to work, even in an adapted role, within 26 weeks. If you terminate the contract without that permit, the dismissal is invalid (Business.gov.nl guidance on ending a long-term sick employee’s contract). The severance payment remains due regardless: whether the employee is still sick at the point of dismissal makes no difference (Dutch government guidance on severance pay during sick leave).

Treat the disability assessment and the dismissal process as two separate steps, not one event: you only have valid grounds for a dismissal permit once the 26-week test has run its course.

When does the benefits agency pay instead of you?

In a number of cases, the benefits agency carries the risk under the Sick Leave Act instead of you, most notably once employment ends while the employee is still sick. As long as you remain obliged to continue paying wages under Article 7:629 of the Dutch Civil Code, the benefits agency pays nothing. Once that obligation ends — for example because a fixed-term contract expires — the benefits agency takes over from the first day after that (Article 29 of the Sick Leave Act). The same mechanism applies to agency workers: if the temp assignment ends while the temp worker is sick, the staffing agency applies for a Sick Leave Act benefit from the benefits agency (UWV guidance for agency workers who are sick).

For pregnancy-related sick leave after maternity leave ends, the benefits agency pays 100% of the (capped) daily wage, not the usual 70%, for up to 104 consecutive weeks (Article 29a of the Sick Leave Act). The no-risk scheme also applies for certain vulnerable groups: employees who already received a disability benefit, young people with disabilities under the youth disability benefit scheme (Wajong), and employees in sheltered employment. Under it, the benefits agency compensates your wage costs during sick leave, even within an ongoing contract (Article 29b of the Sick Leave Act; UWV conditions for the no-risk scheme).

Check with every new hire whether the no-risk scheme applies: it directly reduces your wage costs if they go on sick leave, and you have to apply for it yourself; it does not happen automatically.

What does sick leave cost you through contribution rates, beyond wages themselves?

Beyond the wages themselves, you pay two differentiated contribution rates that move with sick leave in your sector or company: the return-to-work fund contribution (Whk) and the disability insurance fund contribution (Aof). For 2026, the Aof rate is 7.63% for large employers and 6.27% for small employers (Government Gazette 2025, 42324).

The Whk contribution draws a different line: small employers, with a contribution-liable wage bill up to €1,082,500 (assessed against the 2024 wage bill), pay a fixed sector-average rate that does not respond directly to your own sick leave. Large employers, above €4,330,000 in wage bill, pay an individually risk-weighted rate; mid-sized employers sit on a weighted average of both (UWV, Differentiated WGA and Sick Leave Act Contributions 2026).

Contribution Large employer (2026) Small employer (2026) Basis
Aof 7.63% 6.27% Government Gazette 2025, 42324
Whk — WGA 0.24%–3.84%, individually risk-weighted Sector average UWV, Differentiated Contributions 2026
Whk — Sick Leave Act flex Up to 2.24% (6.49% in the staffing sector) Sector average UWV, Differentiated Contributions 2026
Small/mid-size threshold Wage bill > €1,082,500 Wage bill ≤ €1,082,500 UWV, Differentiated Contributions 2026

Ask your payroll provider which contribution category you fall into based on your 2024 wage bill: that determines whether your rate moves with your own sick-leave numbers or not.

How do you keep this manageable as an operator?

The hardest part of the gatekeeper regime is not the entitlement itself, but the fact that every step carries a deadline you have to track yourself. Miss week 6 or week 8, and you immediately build up exposure to a wage sanction, even if you do everything else right. In practice, this is really a calendar problem: who has to do what, by which date, and where the evidence lives that it happened.

Taito.ai sets up the gatekeeper-regime deadlines for every sick-leave report — problem analysis, action plan, and first-year evaluation — and keeps them maintained automatically for the responsible person.

For the full picture of your obligations as an employer, including sick leave, see the Dutch compliance hub.

Sources

Disclaimer

Taito.ai does not provide legal, tax or accounting advice. This article is general information about the law as it stood on the date above, not advice on your situation, and it is not a substitute for it. Rates and thresholds change. Check with a qualified adviser before acting on anything here.

Frequently asked questions

Do I pay less in the second year of sick leave than in the first?
No — the percentage stays the same: 70% of wages, in both year one and year two. What changes is not the percentage but the floor underneath it. In the first 52 weeks: if 70% of wages comes out lower than the statutory minimum wage, you still have to pay at least the minimum wage. From week 53, that floor disappears and you are left with the plain 70%, even where that means an actual pay cut for someone on minimum wage. This is written explicitly in Article 7:629(1) of the Dutch Civil Code: one percentage for the full 104 weeks, with a temporary minimum-wage guarantee that only applies in year one. Both amounts are also capped by the maximum daily wage: wages above that ceiling do not count toward the 70% calculation. A collective bargaining agreement or an employment contract can always raise the percentage, for example to 100%, but never lower it — except through the legally permitted waiting days.
When do I need to bring in the occupational health doctor for a sick employee?
As soon as long-term sick leave looks likely, you need a judgment from the occupational health doctor or occupational health service — the problem analysis — by week 6 after the first day of sick leave at the latest. This follows from Article 2(2) of the Sick Leave Procedure Regulation. If the risk only becomes clear later, arrange that judgment without delay anyway. Within two weeks of it, so by week 8 at the latest, you and the employee draw up the action plan together: concrete agreements on reintegration, with evaluation points built in. At the end of the first year of sick leave, around week 52, the mandatory first-year evaluation follows. You may never ask for or record a diagnosis yourself — that is reserved for the occupational health doctor, even if the employee volunteers it. Deadlines can be extended with justification, but not the obligation itself. Document every step in writing: the reintegration report has to prove this to the benefits agency later.
Do I have to start second-track reintegration after 52 weeks?
There is no hard week-52 deadline in the statute, but in practice that is the point the clock effectively starts. Article 7:658a of the Dutch Civil Code imposes an open-ended duty: once the employee cannot return to their own job and there is no other suitable work within your company, you must support reintegration with another employer. That determination happens at the first-year evaluation, mandatory at the end of year one of sick leave. The benefits agency's own assessment framework, the Gatekeeper Process Guide, then applies a concrete deadline: second-track reintegration must start within six weeks of that evaluation, unless you have a concrete prospect of returning the employee to work within your own organization within three months. That is not a statutory provision, but the framework the insurance physician and labor expert actually apply when assessing a wage sanction. So treat week 58 as the practical hard limit, not the legal one.
What is a wage sanction, and how do I avoid one?
A wage sanction extends your continued-pay obligation by up to 52 extra weeks, imposed by the benefits agency when it finds your reintegration efforts insufficient during the long-term disability benefit application. This is set out in Article 25(9) of the Work and Income Act, known as the WIA: the benefits agency extends the period during which the employee is entitled to pay, so you can fix the shortcoming. The benefits agency assesses this when handling the disability benefit application and the reintegration report, and must decide at least six weeks before the end of the 104-week waiting period. The labor expert checks three questions in order: can the employee's own job be made suitable, is there other suitable work within your organization, and was second-track reintegration launched in time and adequately. If you fix the shortcoming after the fact, you can request a shortened sanction so the benefits agency reassesses it. Prevention is simpler than repair: keep to the gatekeeper-regime deadlines and document every step.
Who pays wages if the contract ends while the employee is sick?
Once the contract ends while the employee is still sick, your continued-pay obligation stops and the benefits agency takes over under the Sick Leave Act, from the first day after. This follows from Article 29 of the Sick Leave Act: as long as you are still obliged to pay wages under Article 7:629 of the Civil Code, the benefits agency pays nothing, but once that obligation ends — say, because a fixed-term contract expires — the benefits agency carries the risk instead. The same applies to agency workers: if the temp assignment ends while the worker is sick, the staffing agency applies for a Sick Leave Act benefit from the benefits agency. For pregnancy-related sick leave after maternity leave too, the benefits agency pays — 100% of the capped daily wage instead of the usual 70% — for up to 104 weeks. And for employees from certain vulnerable groups, the no-risk scheme compensates your wage costs regardless, even within an ongoing contract.
What does sick leave cost me through contribution rates, apart from the wages themselves?
Beyond the wages themselves, you pay two differentiated contribution rates that rise with your sick-leave record: the return-to-work fund contribution, known as the Whk, and the disability insurance fund contribution, known as the Aof. For 2026, the Aof rate is 7.63% for large employers and 6.27% for small employers. Under the Whk contribution: large employers, with a wage bill above €4,330,000 in 2024, pay an individually risk-weighted rate of between 0.24% and 3.84% for the disability benefit, plus up to 2.24% (6.49% in the staffing sector) for flexible Sick Leave Act claims. Small employers, with a wage bill up to €1,082,500, instead pay a fixed sector-average rate that does not respond directly to your own sick-leave record — a real advantage if you have few staff. Mid-sized employers sit on a weighted average of both. More sick leave in the reference period pushes a large employer rate up directly the following year; for small employers, that mechanism does not apply.

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