May I travel abroad during sick leave?
Anja Blijham | GMW advocaten
You’re signed off sick, but your long-awaited holiday abroad is coming up. Or perhaps you want to temporarily return to your home country to recover. Is that allowed? And what are the risks if you leave without consulting anyone?
What does the Dutch law say?
Dutch law contains no explicit prohibition on a sick employee traveling abroad. However, that doesn’t mean you can simply leave. An employee must always request permission for a stay abroad. Also relevant are the reintegration obligations arising from the Wet verbetering poortwachter (Work and Income according to Labour Capacity Act), as well as any provisions in your employment contract or your employer’s absence policy.
As a sick employee, you are required to cooperate with your recovery and return to work. This includes being available for check-ups by the company doctor, cooperating with reintegration measures, and remaining reachable by your employer.
Core obligations of a sick employee:
- Report sick to your employer promptly.
- Remain available for check up’s (company doctor, employer).
- Cooperate with reintegration and recovery.
- Comply with your employer’s absence protocol.
- Avoid any activities that could hinder recovery.
When is traveling abroad permitted?
A stay abroad can in some cases actually benefit recovery, for example, due to a warmer climate or visiting family. It is permitted, provided a number of conditions are met:
- Employer permission
The first and most important step is requesting permission from your employer. Most absence protocols require this. The employer may refuse if there are valid reasons, such as ongoing reintegration activities or a scheduled check-up appointment. - Advice from the company doctor
The company doctor plays a central role, assessing whether a stay abroad is medically responsible and whether it supports recovery. A positive opinion from the company doctor significantly strengthens your position. - No demonstrable hindrance to recovery
The trip must not delay or obstruct the recovery process. Someone on sick leave with a torn ligament who plans an active holiday will have much more difficulty obtaining permission than someone seeking rest as part of their recovery.
The company doctor
The company doctor is an independent medical advisor whose job is to assess whether you are unfit for work and what duties, if any, you might still be able to perform. When reviewing a request to travel abroad, the company doctor will consider:
- Is the stay medically responsible?
- Does it support or hinder recovery?
- Are there reintegration activities that must continue?
- Is the employee reachable and available for checks from abroad?
- Are any medical treatments scheduled that cannot be missed?
If the company doctor has no objections, that is a strong argument in your favour with your employer. However, that the employer retains the authority to refuse permission on organizational grounds, for instance, if you need to be available for a return to work. That said, for an employee who is fully unfit for work, this is rarely a valid reason to refuse: such an employee seldom has reintegration obligations involving actual work duties.
What if you leave without permission?
Traveling abroad without permission while signed off sick carries serious risks. Possible consequences could be:
- A formal written warning from your employer.
- Suspension of sick pay.
- In serious cases, summary dismissal, though this rarely holds up in court.
Employers can, under certain circumstances, suspend or stop wage payments. As they are not obliged to pay wages if the employee fails to meet their reintegration obligations.
Holiday days during sick leave
Holiday days taken during sick leave generally count as sick days and are deducted from your holiday entitlement, unless your collective labour agreement or employment contract states otherwise.
What if the employer refuses?
An employer may refuse permission, but not without reason. If you believe the refusal is unjustified, particularly if the company doctor has given a positive recommendation, you can contest the decision.
Practical step-by-step plan
If you are considering traveling abroad during sick leave, follow these steps to avoid problems:
- Discuss your wish to travel with the company doctor and request written advice.
- Submit a written request to your employer, stating the dates, destination, and the company doctor’s opinion.
- Wait for written approval before booking anything.
- Ensure you remain reachable for your employer and company doctor throughout your stay.
Conclusion
Traveling abroad during sick leave is not automatically prohibited, but employer permission and a positive recommendation from the company doctor are essential. Leaving without consultation risks suspension of pay or worse. It is therefore important to discuss your plans beforehand and to put your request to travel in writing.
Do you have questions about sick leave or employment law in general? Please feel free to contact GMW lawyers for advice. We can work it out!
