What happens if you fall ill before or during your holiday? This is what the Annual Leave Act says

Do you fall ill before or during your holiday? The Annual Leave Act provides you with certain rights – but only if specific conditions are met. Here is a complete overview of the rules applying to illness and vacation.

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  • The Annual Leave Act distinguishes between:


    • Illness occurring before the holiday starts, and


    • Illness occurring during the holiday



     

Illness before the holiday: Can you postpone your vacation?


If you become ill before your holiday starts, you may be entitled to postpone your vacation to a later point within the holiday year. The following conditions must be met:


  • You must be 100% unfit for work


  • This must be documented with a medical certificate


  • You must submit a request for postponement no later than the last working day before the holiday begins


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Documentation


The incapacity for work must be documented with a medical certificate. A self-declaration from the employee is not sufficient.


 


When must you notify?


The request for postponement must be submitted before the last working day prior to the holiday.


Example: If the holiday starts on Monday, the request must be submitted by Friday at 16:00. A request submitted during the weekend would be considered too late.


 


How much vacation is postponed?


As a general rule, the entire planned vacation is postponed, and the vacation days are returned to the balance. However, it is also possible to agree that only the days on which you are actually ill are postpone

Illness during the holiday: Are you entitled to new vacation days?


If you fall ill during your holiday, you are entitled to reclaim the affected days, provided the following conditions are met:


  • You are completely unfit for work


  • You have a medical certificate


  • You submit a request for new vacation days without undue delay after returning to work



The first two conditions are the same as when vacation is postponed due to illness prior to the holiday.

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What does “without undue delay” mean?


The Annual Leave Act does not specify an exact deadline, but preparatory works state that the employee may normally wait up to 14 days. After that, there should be a valid reason for any delay.


 


The day-by-day principle


In cases of illness during the holiday, the day-by-day principle applies:
You only get back the days on which you were actually sick and which are properly documented.
One day of illness with a medical certificate = one vacation day returned.


 


What if the illness begins before the holiday and continues into the holiday?


If you fall ill before your vacation and the sick leave extends into the holiday period, you may either:


  • Postpone the entire holiday, or


  • Begin your vacation while ill and reclaim the sick days afterwards



This provides flexibility, but remember to document the illness and submit notification on time.


 


The employee must actively submit the claim


Vacation days are not automatically reinstated – the employee must take action:


  • Illness before the holiday: The request must be submitted before the last working day


  • Illness during the holiday: The request must be submitted as soon as possible after returning to work



The request may be made verbally, but written documentation is strongly recommended to avoid misunderstandings.


 

What applies to the main holiday period?


If the main holiday (18 working days between 1 June and 30 September) is postponed due to illness, the employee cannot demand to take the replacement holiday within the same main holiday period. The employer decides when the vacation is to be taken later in the year, and the employee must accept that the employer may require the holiday to be taken after the main holiday period.


However, there is nothing preventing the employer from granting the employee new vacation within the same main holiday period


 

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