The Obligation to Continue Paying Wages During Illness

Your employer is in many cases legally obligated to continue paying your salary during illness. The general rule is that a sick employee is entitled to continued payment of at least 70% of their established, last-earned salary for a period of two years (104 weeks). The percentage you are entitled to can never be lower than 70%. However, this percentage may be higher, depending on the agreements made in the applicable collective labor agreement (CAO) or in the employment contract you signed.   Minimum Wage Guarantee During the first year of your illness, your salary is not allowed to fall below the statutory minimum wage as a result of applying the percentage. In the first year, a minimum wage guarantee applies. If your salary through the continued payment obligation falls below the minimum wage, the employer is obligated to pay you the statutory minimum wage. The minimum wage guarantee expires from the second year of illness onward. In the second year, you will receive 70% of the minimum wage in that case.   When may your employer stop the continued 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 your salary if you:

• Deliberately caused the illness. Concealed defects during your employment that show you are unable to perform your duties.
• Refuse to cooperate with your recovery.
• Refuse to perform suitable work. Refuse to comply with reasonable instructions or measures.
• Refuse to cooperate with your reintegration and the action plan created for it.
• Are entitled to a WIA benefit but apply for it too late.

  What if you are an on-call worker? If you are an on-call worker, you are entitled to continued payment of your on-call hours during illness. This also applies to on-call hours that were already scheduled or verbally agreed upon. If your on-call hours follow a fixed pattern, it may be possible for you to also claim wages for those hours. In that case, there is a consistent work pattern. It is up to the employer to demonstrate that there is no consistent work pattern.   What if you are a temporary agency worker? The continued salary payment during illness also applies in principle to temporary agency workers in phase B or phase C. This is different if you are a temporary agency worker in phase A and a temporary employment clause has been agreed upon. In that case, you are not entitled to continued salary payment during illness. If your employer is not willing to fulfill their continued payment obligation or if you are unsure whether you are entitled to continued payment during your illness, please feel free to contact one of our employment law specialists. They will be happy to assist you with advice and action.