Long-term sick leave and your work visa: What expats need to know


The Dutch weather can be quite a B**** (peeep). Several months a year in the Netherlands are called ‘the flu season’ for a reason. So, eventually, you have to call in sick someday. You go to bed, try to rest but… somewhere in the background of your mind, a question starts to linger: “What does sick leave in the Netherlands mean for my work visa?” And then the downward spiral of stressful thoughts starts:

👉 Can my employer report this?
👉 Am I at risk of losing my Dutch work visa?
👉 What if I’m sick for a longer period?

Don’t press the panic button yet. Let’s clear this up for you!

Can you lose your work visa in the Netherlands because you’re sick?

Short answer:
👉 No. Being sick does NOT automatically affect your Dutch residence permit or work visa. But (yes, there’s always a but):

👉 Most Dutch work visas (such as the Highly Skilled Migrant visa) are tied to your employment. So the real question is not: “Am I sick?”, but rather: “What happens to my employment contract during sick leave in the Netherlands?”

Sick leave in the Netherlands: what happens when you are employed?

If you are working in the Netherlands on a work visa (for example as a highly skilled migrant), you are protected under Dutch employment law. See our other blogpost for reference.

During sick leave, you:

👉 Are legally protected from dismissal due to illness (up to 2 years)
👉 Receive continued salary payment (at least 70%, often up to 100% in the first year depending on your contract or collective labor agreement)
👉 Retain the same sick leave rights as Dutch employees

So in practice:

👉 Being on sick leave = still employed
👉 Still employed = your Dutch work visa remains valid

No immediate issue there. BUT, there is always an exception to the rule. Sorry to make this sh* more complicated…

You can still be dismissed while sick in specific cases:

  • During your probation period (proeftijd)
  • In case of serious misconduct (e.g. theft or summary dismissal)
  • If the company goes bankrupt

Resignation or settlement agreement (VSO)

Please note: do NOT resign or sign a settlement agreement while sick without legal advice. This can affect your work visa in the Netherlands and may lead to loss of benefits or residence rights.

Long-term illness (after 2 years of sick leave)

After two years of continuous illness, your employer is legally allowed to terminate your employment if reintegration has not been successful. Here is where it becomes truly difficult. So stay with us while we try to explain this in regular English.

When sick leave in the Netherlands can affect your visa

While sickness itself does not affect your visa, your employment status does.

1. Contract ends during illness

This is the most important risk factor.

👉 No employer = no sponsorship basis for your work visa

In many cases, this means that you get a limited period of 13 weeks (ergo: 3 months) to find a new employer. However, finding a new job while sick can be very difficult; both physically and mentally.

2. Long-term illness and reintegration obligations

Under Dutch law, employees must actively participate in reintegration during sick leave. See our other blogpost where we explain this issue further.

👉 Cooperation with your employer and occupational doctor is required

If this breaks down (e.g. lack of communication or cooperation):

👉 It may lead to employment conflict
👉 Which can ultimately affect your work visa status in the Netherlands

3. Employer stops sponsoring your visa

In some cases, an employer may legally terminate your contract. If that happens:

👉 They are required to notify Dutch immigration authorities (IND)
👉 This may lead to a review of your residence permit status

What you are protected against (important!)

There is a lot of unnecessary fear around sick leave and immigration status in the Netherlands. Here is what is NOT true:

👉 You cannot be fired just for being sick
👉 Your visa is NOT cancelled because you report sick
👉 Employers must follow strict Dutch labor law procedures during illness

You are generally protected for up to 2 years of sick leave rights in the Netherlands.

Common mistake expats make during sick leave

Let’s create a typical scenario we see quite often at The Case Clarity. You are an expat on a Dutch work visa. You get sick and take sick leave. You start worrying about your residence permit, so you:

👉 Avoid communication with your employer
👉 Reduce cooperation in reintegration
👉 Try to “stay low” until you recover

This feels safe, but, it is actually risky.

👉 It can create tension with your employer
👉 It can weaken your employment position

And this is exactly where visa problems may start.

The balance between recovery and job protection

This situation is NOT about:

Working while sick ❌
Ignoring your employer ❌

It IS about:

👉 Maintaining basic cooperation during sick leave
👉 Protecting your employment relationship
👉 Prioritizing your health and recovery

Because:

👉 Your visa depends on your job
👉 Your job depends on reintegration cooperation during illness

Final thoughts: sick leave, employment & visa in the Netherlands

Health issues and immigration status can feel stressful and interconnected. But legally:

👉 Being sick does NOT cancel your Dutch work visa
👉 Losing your job during sick leave CAN affect your residence status

Most problems do not start with illness itself, but with how the situation is managed:

👉 Clear communication with your employer
👉 Proper reintegration cooperation
👉 Understanding your rights under Dutch sick leave law

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