“Where the employee is unable to perform the contracted work due to sickness, pregnancy or the delivery of a child, he remains entitled to 70 % of his wages fixed in money terms for a period of 104 weeks, as far as these wages are not higher than the maximum daily wages meant in Article 17 paragraph 1 of the Financing Social Security Act, on the understanding that during the first 52 weeks of his inability to work he is at least entitled to the minimum wages as set under law for a person of his age,” the official website of the Dutch Civil Code reads.

Several Indian professionals have reacted to the Netherlands’ sick leave rule, with one saying, “I’m really eager to go there and work. Just don’t know how to get a job there. Is English enough there, or do they speak some other language? I’m tired of this leave culture in India.”

“Forget about private firms, in Govt services as well, people start getting a loss of pay the moment their leaves expire. Even if employee face critical health issues, no special empathy is shown rather their bosses force them to resume unhealthy. May god give sense to this nation,” another user chimed in.

If an employee remains unable to work after 104 weeks, employers may seek dismissal approval from the Dutch Employee Insurance Agency, UWV. At that stage, employees can apply for benefits under the Work and Income (Capacity for Work) Act.

If illness lasts beyond six weeks, consultation with the company doctor becomes mandatory. The physician evaluates work capacity, recommends workplace adjustments, and provides guidance on reintegration, with their assessment carrying greater weight in employment matters than a general practitioner’s note.

Also Read | Boss shares ‘devastating’ post about fit 40-year-old colleague who died 10 minutes after requesting for sick leave due to ‘heavy back pain’; expert explains the link

“The court rejects a legal claim of the employee for payment of wages as meant in Article 7:629 if this claim is not accompanied by a declaration of an expert who has been appointed by the Social Security Agency, mentioned in Chapter 5 of the Structure Social Security Agency for Work and Income Act, concerning the inability of the employee to perform the contracted work or suitable alternative work or, if relevant, concerning the compliance of the employee with his duties meant in Article 7:660a,” Dutch Civil Code says.

“An expert who is a medical doctor may gather information about the employee, important for his examination, from the treating physician or physicians. They will provide the requested information as long as the personal life and privacy of the employee will not be harmed disproportionally as a result,” it adds.