Wage continuation during sickness in the hospitality industry

Working in the hospitality industry is known for its intensive nature, with both physical and mental challenges being part of everyday life. In a sector where irregular working hours and a fast work pace are the norm, it is no surprise that employees occasionally fall ill. This makes it all the more important to be well-informed about the rules and legislation regarding wage continuation during sickness. Knowing these rights and obligations is crucial to support both employers and employees in the hospitality industry during periods of illness.

Wage continuation during sickness is a way for employees to remain financially stable during illness periods. Employees usually feel less stressed and recover faster from an illness when they know they will retain an income even if they are unable to work. It also prevents absenteeism from becoming a problem; employees often continue working, which is not good for their health or the quality of their work. Information about wage continuation during sickness makes employees less vulnerable to absenteeism and allows them to protect their rights.

What is wage continuation during sickness?

Wage continuation during sickness means that employees can fall ill and still receive a portion of their salary. This type of wage continuation varies from country to country and can protect workers in case of unexpected illness. For example, under Dutch law, employers are required to continue paying their sick workers' wages for a maximum period of 104 weeks or two years. Often, additional rules are set in collective agreements in sectors such as hospitality: First 52 weeks of wage continuation: 95% of the monthly salary. Subsequent 52 weeks: 75% of the monthly salaryIt is essential for employees in the hospitality industry to be aware of both the general legal frameworks and the specific agreements within their sector.

What does the hospitality collective agreement (cao) say?

The hospitality cao specifies particular rules for wage continuation during sickness, which may fall outside the general legal frameworks. When the cao Hospitality Netherlands applies, the employer may withhold a waiting day from the employee’s wages. This means that the employee does not receive wages on the first day of illness. If the cao does not apply, the employer may rely on the Work and Security Act, which allows a maximum of two waiting days. A waiting day must be included in the employment contract or company regulations.

What are waiting days?

In the cao of the National Hospitality Guild, there are two waiting days, which can be withheld three times a year if used. This means that in the first two instances of sickness, you are not entitled to wages for the first days of illness. The cao states that if the employee reports sick again within four weeks after resuming work, this is considered the same sickness case and no new waiting day applies. In certain situations, employers are not allowed to withhold a waiting day, for instance, if it is unreasonable or if the employee is sick due to a work accident.

The waiting day can also be withheld if the illness arises from physical and verbal violence against the employee during working hours. Additionally, the employer can also agree with the employee to use a vacation day instead of a waiting day.

Obligations of employees

When an employee falls ill, it is crucial that they inform the employer as soon as possible. This helps the employer take action and arrange for a replacement if necessary. Generally, most companies have a reporting procedure for when an employee becomes ill. Sometimes, the designated party such as the supervisor or the HR department is notified. The sick employee must cooperate with the company doctor and actively participate in their reintegration process. This means regularly visiting the company doctor and adhering to prescriptions to recover and eventually return to work.

Employees are also expected to engage in other reintegration activities, such as taking courses or performing adjusted work. Failure to meet these obligations can lead to sanctions. If an employee reports sick too late, refuses reintegration activities, or does not comply with appointments with the company doctor, the employer may take measures. Suspension of wages is common in such cases, where the employer stops paying wages until the employee complies. In severe cases, it may even result in dismissal. Therefore, it is crucial for employees to take their responsibilities seriously to avoid such consequences.

Role of the employer

When an employee becomes ill, the employer has many responsibilities to support the employee and ensure a proper return to work. The employer is responsible for the correct payment of wages to the sick employee and for providing a safe and healthy work environment that enables reintegration.

The employer is required to collaborate with an occupational health service or company doctor to promote the employee's health and recovery. The occupational health service provides professional guidance and advice on the employee's medical situation and assists in drawing up a reintegration plan. This collaboration is necessary to ensure that the employee receives the right medical care and support.

A key task of the employer is to create a plan of action for reintegration in consultation with the employee and the company doctor. This plan outlines the steps to be taken to get the employee back to work, including any adjustments to the job or workplace. The employer is responsible for implementing this plan and for periodic evaluations to ensure that recovery and return to work proceed as smoothly as possible. The plan of action helps the employee to return to work in a responsible and achievable manner.

Frequently asked questions

What to do if you fall ill on vacation? If you fall ill during your vacation, report this immediately to your employer according to the agreed procedure. You are required to obtain a doctor's certificate for your illness. This ensures that sick days are not counted as vacation days and allows you to take these vacation days later.

What if you are long-term ill and still want to go on vacation? In some cases, you can still go on vacation if you are long-term ill, but this must always be discussed with your employer and the company doctor. Your vacation should not negatively impact your recovery or reintegration. The company doctor assesses whether a vacation could harm your recovery process. If the company doctor agrees, you can go on vacation with your employer's permission. Make sure all agreements and approvals are documented in writing to avoid misunderstandings.

What to do in case of a conflict about wage continuation? In case of a conflict about wage continuation, it is advisable to first discuss the issue with your employer to try to resolve the dispute. If this is not possible, you can seek legal assistance, for example, through a union or legal advisor. It is important to keep documentation of your illness and communication with your employer as evidence.

What to do if the employer does not fulfil their obligations? If your employer does not fulfil their obligations regarding wage continuation during sickness, there are several steps you can take. First, you can remind the employer in writing of their legal obligations. If this does not help, you can file a complaint with the Inspectorate SZW (Social Affairs and Employment). In severe cases, you may also consider taking legal action, such as hiring a lawyer.