Leave and absence: what about it?

Can a sick employee take vacation, does he/she retain the right to vacation days, are vacation days accrued during sick leave? Now that the vacation season has arrived again, as an employer it is good to know what the rules are around vacation and absenteeism.

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Accrual of vacation days

All employees accrue statutory vacation days, including sick employees. It is irrelevant here how much a person is sick. The employment contract, collective bargaining agreement or employment conditions regulations may stipulate that sick employees do not accrue vacation days in excess of the statutory requirements.

Taking of vacation days

Of course, an employer cannot force a sick employee to stay home during their taken vacation days. What an employer can do, however, is ask the company doctor for advice. The employee and the company doctor will then discuss this with each other. On this basis, the company doctor will advise whether a vacation can contribute to the employee's recovery. This advice is then usually adopted by the employer.

The employee should submit his vacation request according to the usual procedure. It does not matter whether the employee has been reported partially or fully sick. However, if an employee has been reported partially sick, he does have to take a full day of leave. So not half a day of leave and half a day of sick leave.

Taking vacation days regularly could prevent absenteeism

Taking vacation days regularly can promote "recovery function" and contribute to employee health.

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