Illness during holidays

What happens to your holiday if you fall ill? Many employees and employers are uncertain about the rules – and getting it wrong can be costly. Here's a clear overview of your rights, whether the illness occurs before or during your holiday.

When are you entitled to replacement holiday?

The rules for illness and holiday depend primarily on when the illness occurs. There is a crucial difference between an employee reporting sick before the holiday begins and falling ill during an already-started holiday.

Illness before the holiday

If an employee falls ill before their holiday starts, they are not obliged to take the holiday. Instead, they have the right to take it at a later date.

For this to apply, the employee must:

• Report sick to the employer before the start of working hours on the first planned holiday day, in accordance with the company's rules for reporting sick leave.
• Document the illness if required by the employer – via a statutory declaration or a medical certificate. If a medical certificate is required, the employer covers the cost.

Once the sick leave is approved, the employee has the right to postpone the holiday to a later point within the holiday year (1 September – 31 December of the following year). Do you need help with HR legal matters?

Illness during company shutdown

If the company is closed for holiday and an employee falls ill during this period, they can still apply for replacement holiday. However, the employee must be able to document that they attempted to notify the employer – for example, via email, letter, or phone call.

Illness during the holiday

Special rules regarding waiting days apply here – the initial sick days that do not yet qualify for replacement holiday.

An employee who has accrued 25 holiday days (a full holiday year) is only entitled to replacement holiday after 5 sick days.

If the employee has accrued fewer than 25 holiday days, the waiting days are calculated proportionally:

Formula: Accrued holiday days × 1/5 = number of waiting days

Example: An employee with 10 accrued holiday days is entitled to replacement holiday after 2 sick days (10 × 1/5 = 2).

The same applies if an employee leaves the company partway through a holiday accrual period (1 September – 31 August) – the waiting days are adjusted according to the length of employment.

Requirements for replacement holiday

To be entitled to replacement holiday during the holiday, the employee must:

1. Report sick to the employer on the first sick day – before the start of working hours – in accordance with the company's reporting rules.
2. Document the illness with a medical certificate. The employee pays for this themselves, and it must be issued on the first day of illness – even when abroad.

Additional rules

Carrying over replacement holiday

If an employee is unable to take their replacement holiday within the same holiday year due to continued illness, it can be carried over to the following holiday year – provided the illness still constitutes a holiday obstacle at the end of the holiday period.

Holiday days and additional holiday days

The right to replacement holiday applies only to standard holiday days – not to additional holiday days, unless a collective agreement provides otherwise. The right also applies only to the employee's own illness, not illness affecting a spouse or children. Do you need HR legal advice on demand? Then we have a special subscription solution for you.

Special rules for pay during illness

• No pay during illness: The employee accrues sick holiday pay from the second day of each sick period.
• Partial pay during illness: The employee accrues holiday pay on the portion of wages paid. The employer must pay supplementary sick holiday pay from the second day to cover the difference between normal holiday accrual and sick holiday pay.

Need help?

Unsure how to handle employee illness in connection with holidays – or do you have questions about other legal employment matters? At Azets, our HR law experts can assist you with everything from holiday planning to employee rights. Contact us today for professional guidance.