The Case Clarit – by Kirsten Freichmann

You’ve reported sick to your employer, but there’s a small detail: you booked a trip months ago. Or… your mother lives a 3-hour flight away and suddenly her couch feels like better medicine than anything in your current postcode.

Now your brain starts spiralling:

• Am I allowed to go?
• Can my employer say no?
• Do I need to cancel my holidays… or label them as sick days?
• Do I need approval from the company doctor (aka bedrijfsarts)?

And the most confusing one of all: I’m going for recovery, not fun… so what even counts here?

Quick note before we dive in: this blog is not about going home for recovery or family support. That’s a different (and very interesting) conversation.

This one is about something much simpler and slightly more suspicious-looking:

👉 You’re sick… and you still want to go on an actual holiday.
Think: shimmery beaches, food, sunscreen and sunshine. You know, the full postcard.

What Dutch law actually says about vacation during sick leave

Dutch law doesn’t say: “No holidays allowed.” It also doesn’t say: “Go live your best life in Ibiza.”

Instead, it gives you a principle, a compass and a slightly annoying (yet quite typical) very Dutch middle ground:

👉 Your actions should support your recovery and reintegration.

It doesn’t sound very sexy, but that’s the rule everything circles around.

The key question: does it support your recovery?

Forget the destination for a second or if you should request PTO. The real question is: what are you recovering from?

If you have a hernia, a safari with 8 hours a day in a bouncing jeep through rough terrain is… let’s say….ambitious.

If you’re dealing with stress or burnout, a quiet place in the sun where your nervous system finally unclenches? That might actually help.

Same “holiday”, but a very different legal flavour.

So no, the system doesn’t care if you’re holding a cocktail. It cares whether what you’re doing makes recovery more likely… or less.

Do you need approval from your employer?

Short answer: yes.

Longer answer: also yes, but with nuance.

(and a sprinkle of my personality you may or may not have signed up for…if that irritates you, no hard feelings. There’s always ChatGPT waiting patiently in another tab, ready to give you a very neutral, emotionally stable version of this answer).

👉 Your employer is the one who approves or denies your holiday request.

Now here’s where it gets interesting because many employers (and employees *bombastic side eye) lean heavily on the advice of the bedrijfsarts.

But let’s not confuse roles here so you don’t march back to your employer: ‘the bedrijfsarts approved, so catch you later’.

1. The company doctor gives medical advice
2. The employer makes the decision

A company doctor can say:
“This trip does not harm recovery” or “This is not advisable.”

But they do not approve your holiday. That decision sits with your employer.

And yes… when employers flat-out refuse, my legal eyebrow does tend to rise slightly. But we’ll park that for another day (or my contact form.. I leave that up to you).

Important side note: holiday days = still holiday days

If your holiday is approved, something very practical happens:

👉 Your employer should pay these days as normal holiday (PTO), typically 100%.

Because you are not “just sick at home” those days, you are taking leave.

Now… there’s a whole rabbit hole behind this:

• Do you lose full holiday hours if you’re partially reintegrating?
• What happens if you’re working reduced hours?
• Are there exceptions depending on your contract or CAO?

That deserves its own deep dive (and it will get one in another blog post – so hit follow if you want to keep updated or receive a newsletter).

When things go wrong

Where people get into trouble is usually not the holiday itself. It’s the lack of alignment and communication.

Think:

• Not informing your employer properly
• You are not reporting PTO in your employee system and/or not await approval
• Ignoring medical advice
• Doing activities that clearly contradict your recovery
• Or… just assuming “it’ll be fine”

That’s when a relaxing trip can quietly turn into a file problem later. And trust me, files have a long memory and your employer may take disciplinary measures later such as – but not limited too – a salary freeze or a written warning.

My two cents and final thought

Dutch sick leave isn’t about restricting you. But it is about:

👉 Can we reasonably say this supports your recovery and return to work?

If the answer is yes, you often have room. If the answer is shaky, so is your position.

Need clarity on your specific situation?

Every case is different and so is every personal situation. This blog gives you the framework, not the final answer.

If you want to be sure you’re not accidentally stepping into a messy situation later:

👉 Schedule a short intake. A quick check now can save you months of friction later.