In many cases, your employer is legally required to continue paying your wages during illness. The general rule is that a sick employee is entitled to payment of at least 70% of their established, most recently earned salary for a period of two years (104 weeks). The percentage you are entitled to can never be lower than 70%. This percentage may be higher, depending on the agreements made in the CAO applicable to you or the employment contract you signed.
Minimum wage guarantee
During the first year of your illness, it is not permitted for your pay to fall below the statutory minimum wage due to application of the percentage. In the first year a minimum wage guarantee applies. If your pay under the wage payment obligation falls below the minimum wage, the employer is required to pay you the statutory minimum wage. The minimum wage guarantee lapses from the second year of the illness. In the second year, you will in that case receive 70% of the minimum wage.
When may your employer stop the wage payment obligation?
As an employee, you must comply with a number of obligations regarding your illness. If the employee does not comply with these obligations, the employer may stop paying wages if you:
- Intentionally caused the illness. Concealed conditions at the time of your hiring that show you are not able to perform your work.
- Refuse to cooperate with your recovery.
- Refuse to perform suitable work. Refuse to comply with reasonable rules or measures.
- Refuse to cooperate with your reintegration and the plan of approach that is drawn up for that purpose.
- Are entitled to a WIA benefit but apply for it too late.
How does it work if you are an on-call worker?
If you are an on-call worker, you are entitled to continued payment of wages for your call-up hours when you are ill. This also applies to the call-up hours that had already been scheduled or agreed orally. If your call-up hours follow a fixed pattern, you may also claim wages for those hours. In that case, there is a consistent working pattern. It is up to the employer to demonstrate that there is no consistent working pattern.
How does it work if you are a temporary agency worker?
Continued payment of wages during illness in principle also applies to temporary agency workers in phase B or phase C. This is different if you are a temporary agency worker in phase A and an agency clause has been agreed. In that case, you are not entitled to continued payment of wages during illness.
If your employer is not willing to comply with their obligation to continue paying wages, or if you are unsure whether you are entitled to continued pay during your illness, please feel free to contact one of our employment law specialists. They will be happy to assist you with advice and support.
