Absence policy in the Netherlands: example and what to include

An absence policy (verzuimprotocol) sets out what your employees do when they get sick: how and to whom they report sick, how they stay reachable and what they can expect from you. Dutch law doesn't require one, but without written agreements there's little you can do if someone doesn't stick to them. Below you'll find what to include, what you can't put in it, and an example you can copy.

What's the difference between an absence policy and absence management?

Absence management (verzuimbeleid) is the bigger picture: how your business deals with sickness and health, from prevention to reintegration. The absence policy is the practical part of it: the ground rules for the day someone calls in sick, and the weeks after.

For a small business, the policy is usually enough. One or two pages that make clear who does what.

Is an absence policy mandatory?

No. Nothing in Dutch law says you must have an absence policy. Two things are mandatory, though, and the policy builds on them:

You get support from a company doctor or occupational health service for guiding sick employees (article 14 of the Working Conditions Act, Arbowet).
You follow the steps of the Wet verbetering Poortwachter if someone stays sick for longer. They're in the complete Poortwachter timeline.

And there's one more reason to put it in writing: if an employee doesn't follow your rules on reporting sick, you can only suspend their salary if you gave those rules in writing (article 7:629 paragraph 6 of the Dutch Civil Code). Verbal agreements don't count for that.

What goes into an absence policy?

Reporting sick: when (for example before 9 am), to whom, and how (call, don't text)
What you ask: only what you're allowed to ask, see below
Staying reachable: phone number and address, and at which times someone is home for contact with the company doctor
Company doctor: that the employee attends the doctor's consultation when asked
Contact during sickness: how often and by whom
Vacation: what happens when someone gets sick during vacation, and when someone wants to take vacation while sick
Reporting back to work: when and to whom
Not following the rules: the consequences, such as suspending salary

Reporting sick: when, to whom and how

Agree on a time, for example before 9 am or before the start of the shift. Say to whom: you, a manager, or a stand-in if they're not available. And say how: calling is often better than a text, because you can immediately agree on which work needs to be covered. If someone gets sick at work, they let you know before going home.

What you can and can't ask

This is where it often goes wrong. As an employer you can't ask what someone is suffering from, and you can't record it if the employee tells you on their own. According to the Dutch Data Protection Authority (Autoriteit Persoonsgegevens), you can ask and record:

the phone number and (care) address where the employee can be reached
how long the employee expects to be off
which tasks and appointments are ongoing
whether the sickness is related to an accident at work
whether it's a traffic accident where someone else is liable
whether the employee falls under one of the safety-net provisions of the Ziektewet

So don't put "tell us what's wrong" in your policy. More on this in what to do in the first week of a sick report.

Staying reachable

You can agree that a sick employee is home at certain times, so the company doctor or occupational health service can call or visit. You can't require someone to stay home all day. You also can't check yourself whether someone is really sick: that's for the occupational health service or company doctor.

The company doctor

Write down that the employee attends the company doctor's consultation when asked. What the employee can still do, you hear from the company doctor, not from the employee. If the employee disagrees with the advice, they can ask for a second opinion from another company doctor.

Vacation and sickness

Two situations to cover:

Sick during vacation. The employee also reports sick from their vacation address. Those days don't count as vacation, unless the employee agrees that they do. See sick during vacation.
Vacation while sick. If a sick employee wants to go on vacation, they discuss it with you first. You give permission, ideally after checking with the company doctor.

Reporting back to work

Agree that the employee reports back on the day they recover, to the same person they reported sick to. If someone falls sick again within four weeks, both periods count as one.

If someone doesn't follow the rules

State what happens if someone doesn't follow the rules. If an employee doesn't follow your written rules on providing information, you can suspend their salary (article 7:629 paragraph 6 of the Dutch Civil Code). If someone obstructs their recovery without good reason, or refuses suitable work or to cooperate on the action plan, you don't have to pay salary for that period (article 7:629 paragraph 3).

Important: you must tell the employee straight away that you're doing this. If you wait too long, you can no longer rely on it later (article 7:629 paragraph 7).

And if someone stays sick for longer?

You don't need to write that out in the policy: that's when the Wet verbetering Poortwachter starts, with the problem analysis in week 6, the action plan in week 8 and the report to the UWV in week 42. A reference in your policy is enough.

Example absence policy

Copy this and fill in the [brackets]. Then have your occupational health service check it.

Absence policy [company name]
1. Reporting sick. Are you sick? Call [name, phone number] before [time]. If they're not available, call [stand-in]. A text or email isn't enough. If you get sick at work, let [name] know before you go home.
2. What we ask. We ask how long you expect to be off, which appointments and tasks are ongoing, where you can be reached, and whether your sickness is related to an accident. We don't ask what's wrong with you. You only discuss that with the company doctor.
3. Staying reachable. Pass on your address and phone number if they're different from usual. Make sure you can be reached between [time] and [time] by the company doctor or occupational health service.
4. Company doctor. Our occupational health service is [name]. If the company doctor invites you, you attend the consultation. If you disagree with the advice, you can ask for a second opinion.
5. Contact. After [number] days, [name] will get in touch to hear how you're doing and what you need.
6. Vacation. If you get sick during your vacation, report sick in the same way. If you want to go on vacation while you're sick, discuss it with [name] first.
7. Reporting back. When you're better, report back to [name] on the day you recover.
8. Longer sickness. If you're sick for longer, we follow the steps of the Wet verbetering Poortwachter together with the company doctor.
9. The rules. If you don't follow these rules, we can suspend or stop your salary as the law allows. We'll tell you straight away if we do.

How do you introduce it?

Give it to everyone in writing, for example as an appendix to the employment contract or in your staff handbook. Have new employees read it when they start. Signing isn't mandatory. If you like, you can have it signed, or have people confirm they've read it.
Have your occupational health service check it. They know how reporting sick works on their end and can make the policy match.
Do you have a works council (ondernemingsraad) or staff representation? Then you need their consent for a policy on sickness absence. For most small businesses this doesn't apply.
Keep it up to date. If your occupational health service changes, or the person people report sick to, update the policy.

How Heartsome helps

In Heartsome, employees report sick themselves, or you do it, depending on your settings. The first sick day is then recorded correctly straight away. You can add notes to the sick report, and Heartsome reminds you what not to put there: no diagnosis or symptoms. The first action you then see is passing the sick report on to your occupational health service, and from that moment Heartsome keeps track of every Poortwachter deadline for you.

Add your absence policy as a useful link in the company settings. Every employee then sees it on their Pulse when they log in, so nobody has to look for it.

Frequently asked questions

Is an absence policy mandatory in the Netherlands? No. But you must use a company doctor or occupational health service for guiding sick employees. And only with written rules can you suspend salary if someone doesn't follow them.

Can my absence policy ask what's wrong with someone? No. What someone is suffering from, the employee only discusses with the company doctor.

Can I require a sick employee to stay home? You can agree that someone is reachable or home at certain times for contact with the company doctor. You can't require them to stay home all day.

Can I stop paying salary if someone doesn't follow the policy? You can suspend salary if someone doesn't follow your written rules on providing information. If someone obstructs their recovery or refuses suitable work without good reason, you don't have to pay salary for that period. Do tell the employee straight away.

Does the employee have to sign the policy? That isn't required by law. If you like, you can still have it signed, or have the employee confirm they've read it. Then nobody can say later that they didn't know about it.

The rules on sickness absence can change. This article gives a general picture based on current Dutch law and is not legal advice. If in doubt, always consult an employment lawyer or HR adviser.

Sources

Dutch Civil Code, article 7:629 paragraphs 3, 6 and 7 (salary during sickness, suspending and stopping)
Working Conditions Act (Arbowet), article 14 (company doctor)
Dutch Data Protection Authority: Regels voor werkgevers bij zieke werknemers (in Dutch)