When you fall ill while working in the Netherlands, a specific legal process starts the moment you notify your employer. This guide explains Netherlands sick leave: ziekmelding and arbodienst requirements in plain language, so employees and employers both know what happens, when, and why. Whether you're an expat new to Dutch employment law or an HR manager handling your first long-term absence case, understanding ziekmelding Netherlands rules and the role of the arbodienst (occupational health service) will save you time, money, and legal risk.
Dutch sick leave law is unusual compared to many countries. Employers carry most of the financial and administrative burden, sick pay can run for up to two years, and a strict legal timeline called the Wet Verbetering Poortwachter (Gatekeeper Improvement Act) governs every step of reintegration. Get any part of it wrong, and the consequences , a wage sanction, a fine, or a failed dismissal , fall almost entirely on the employer. This article walks through each stage in order, from the first phone call to the two-year mark.
This Article Is Related To
Before going further, it helps to separate two terms that almost every other guide on this topic blurs together: the arbodienst and the bedrijfsarts .
- Arbodienst , This is the certified occupational health organization that an employer must be affiliated with under the Arbowet (Working Conditions Act). Think of it as the company or service provider, similar to an outsourced HR-medical department.
- Bedrijfsarts , This is the individual company doctor employed or contracted by the arbodienst. The bedrijfsarts is the person who actually meets with the sick employee, writes the problem analysis, and advises on work capacity.
In short: the arbodienst is the organization, the bedrijfsarts is the person inside it who does the medical work. Employers contract with an arbodienst; employees see a bedrijfsarts. Confusing the two is common, but the distinction matters when you're trying to figure out who is legally responsible for what.
This guide also covers areas that are often left thin elsewhere: how GDPR rules apply to sick leave data, and how the rules apply when the employer is based outside the Netherlands but employs staff locally through payroll or a PEO arrangement.
Sick Leave Notification (Ziekmelding) in the Netherlands
Ziekmelding is the Dutch word for reporting sick to your employer. It is the trigger that starts the entire legal process, so getting it right on day one matters.
How and when to report sick
Most Dutch employment contracts and staff handbooks require employees to call in sick before a set time , typically before 9:00 or 10:00 a.m., or before their shift starts. A text message or email is often not enough unless the employer's policy explicitly allows it. Always check your contract or CAO (collective labor agreement), since the exact deadline and method vary by employer.
What your employer is allowed to ask
This is where many employees, especially those new to the Netherlands, feel uneasy. Dutch privacy law and the GDPR place firm limits on what an employer may ask during a ziekmelding call. Your employer may ask:
- How long you expect to be unable to work
- Whether you're covered by a work-related accident or third-party liability situation
- Your contact details and address while sick
- Whether you have any planned leave or appointments that need rescheduling
Your employer may not ask for:
- Your specific diagnosis or medical condition
- Details about medication or treatment
- Information related to pregnancy, unless you volunteer it
This is the GDPR medical data boundary in practice: employers are not medical professionals, and diagnosis information belongs only between the employee and the bedrijfsarts. If a manager pushes for medical details, the employee has the right to decline, and HR should have policies reminding managers of this line.
Expat and cross-border scenarios
If you work for a foreign employer with no Dutch legal entity, or you're employed through a payroll company or PEO (professional employer organization), the same ziekmelding rules generally still apply, because Dutch labor law follows the location of work, not the employer's home country. Foreign employers hiring Dutch-based staff remotely must still register with an arbodienst or arrange equivalent occupational health cover , skipping this step is one of the most common compliance gaps among international companies expanding into the Netherlands.
Frequently Asked Questions
How fast must I report sick in the Netherlands?
Usually before your shift starts, following your employer's specific deadline , often by phone, not just text or email.
Can my employer contact me every day while I'm sick?
Only reasonably, and never to ask for medical details. Contact should focus on planning and reintegration, not on the illness itself.
Do I need a doctor's note to report sick?
Not on day one in most cases. A sick leave certificate or fit note typically only becomes relevant if the bedrijfsarts or UWV requests documentation later in the process.
Your Employee Reports Ill
From the employer's side, the moment an employee reports ill, a formal case file should open. Dutch law expects the employer to act like a case manager from day one, not wait for a crisis at week 40.
The first six weeks
The employer registers the absence and, if illness looks likely to last beyond about two weeks, contacts the arbodienst. The bedrijfsarts should see the employee and produce a problem analysis , a document describing what the employee can and cannot do, without disclosing the medical diagnosis to the employer.
The Wet Poortwachter timeline
The Wet Verbetering Poortwachter sets fixed deadlines for reintegration. Missing them is the single biggest cause of wage-sanction penalties in Dutch employment law.
| Timeline | Required Action |
|---|---|
| Week 1 | Employee reports sick (ziekmelding); employer registers the case |
| Week 6 | Bedrijfsarts completes the problem analysis |
| Week 8 | Employer and employee agree on a reintegration plan (action plan) |
| Week 42 | Employer reports long-term sickness to UWV (the national social security agency) |
| Week 52 | First-year evaluation of reintegration progress |
| Week 91 | Preparation for a possible WIA (disability benefit) application |
| Week 104 | End of employer's sick pay obligation; UWV assesses eligibility for sickness benefit |
Sick pay percentage and the 104-week rule
Dutch law requires employers to continue paying at least 70% of salary during illness, for up to 104 weeks (two years) . Many CAOs top this up to 100% for the first year and 70–80% in the second. Pay is usually capped at the statutory maximum daily wage, so very high earners may see a lower percentage in practice. After 104 weeks, if the employee still cannot work, they may apply for sickness benefit or disability benefit through UWV, provided reintegration efforts were properly documented throughout.
Dismissal during sick leave
Dutch law includes a strong dismissal ban during illness, generally lasting the full two-year period, as long as the employee cooperates with reintegration. Employers who skip Poortwachter steps risk a wage sanction , an extension of the pay obligation by up to a year , even if the employee is technically able to return sooner.
The Working Conditions Act
The Arbowet (Working Conditions Act) is the legal foundation requiring every Dutch employer, regardless of company size or nationality of ownership, to arrange occupational health support through a certified arbodienst or a registered company doctor.
Arbodienst requirements for employers
Employers must choose one of two models under the Arbowet:
- Full-service contract , a complete arbodienst handles sick leave guidance, risk assessments, and reintegration advice.
- Basic contract , the employer arranges a bedrijfsarts directly for specific tasks, such as second-opinion consultations, but must still meet minimum occupational health standards.
Whichever model is chosen, employees must always have direct access to a bedrijfsarts consultation without needing management approval first , this is a legal right, not a favor from the employer.
Penalties for non-compliance
The Dutch Labour Inspectorate (Nederlandse Arbeidsinspectie) can issue Working Conditions Act fines for employers who fail to contract proper occupational health support, fail to carry out a risk assessment (RI&E), or block employee access to a bedrijfsarts. Fines can run into thousands of euros per violation and increase for repeat offenses. Beyond fines, poor Arbowet compliance almost always shows up later as a wage sanction during a Poortwachter dispute, because UWV checks whether the employer followed proper occupational health procedure from day one.
Employee privacy under the Working Conditions Act
The bedrijfsarts operates under medical confidentiality. Only the bedrijfsarts , not HR, not the manager , can access diagnosis details. The employer only receives functional information: what tasks the employee can perform, what limitations exist, and expected timelines. This separation is what allows Dutch sick leave law to balance employer accountability with employee privacy, and it's a distinction every foreign employer needs to build into their internal HR training.
Frequently Asked Questions
What is the difference between arbodienst and bedrijfsarts?
The arbodienst is the occupational health organization an employer contracts with. The bedrijfsarts is the individual doctor within that organization who examines employees and issues the problem analysis.
How long does Dutch sick pay last?
Up to 104 weeks (two years), at a minimum of 70% of salary, though many collective agreements pay more in year one.
Can my employer fire me while I'm sick?
Generally no, thanks to the dismissal ban during illness, provided you cooperate with reintegration steps and the employer follows Poortwachter deadlines.
What happens after 104 weeks of sick leave?
The employer's pay obligation ends, and UWV assesses whether the employee qualifies for sickness benefit or a WIA disability benefit, based on the reintegration file built during the two years.
Does a foreign employer need to arrange an arbodienst for Dutch-based staff?
Yes. Dutch labor law applies based on where work is performed, so foreign employers, remote-hiring companies, and payroll or PEO providers must still meet Arbowet occupational health obligations.
Can my employer ask what illness I have?
No. Diagnosis details stay between you and the bedrijfsarts. Your employer may only receive functional information about your work capacity.
What to Remember
Dutch sick leave rules put real responsibility on both sides. Employees must follow proper ziekmelding Netherlands notification steps and cooperate with reintegration. Employers must contract a proper arbodienst, respect bedrijfsarts confidentiality, and track every Poortwachter deadline from week 6 through week 104. Getting Netherlands sick leave: ziekmelding and arbodienst requirements right protects employees' income and privacy while shielding employers from fines and wage sanctions.
If you need a fast, GDPR-compliant medical certificate , whether for sick leave, a fitness-to-work confirmation, or a travel document , GetMedicalCertificate's licensed online certificate service is a practical complement to understanding your legal obligations under Dutch sick leave law. It won't replace your bedrijfsarts consultation when one is required, but it can help you handle documentation quickly and correctly when time matters.