As of Jan. 1, 2024, employees who become disabled during their vacation period will have the right to convert their vacation days to disability and keep those vacation days. For this, the employee must, among other things, present a valid medical certificate and report his (temporary) place of residence.
In the event of concurrence of incapacity for work and (statutory) vacation days, current regulations currently provide for a (limited) arrangement whereby the overlapping portion can be converted only insofar as the incapacity for work started before the vacation period. Only in that situation will the employee’s vacation days be preserved. However, does disability start during the vacation period? Then the employee is out of luck and the scheduled vacation days are “lost.
From 2024, however, the overlapping portion will always be able to be converted, even if the disability does not start until the vacation period. Vacation days that coincide with days of incapacity for work (e.g., due to illness or occupational accident) may be retained and thus can be taken later in the vacation year. Here, the normal rules regarding the employee’s right to guaranteed wages apply.
However, this conversion does not happen automatically and the employee will have to fulfill some obligations. Thus, the employee who wants to invoke this new regulation will have to prove his disability, preferably by providing a medical certificate. If the employee fails to provide a medical certificate, the overlapping vacation days will be lost. Also, the employee must immediately inform the employer of his (temporary) residence address if he is not at his home address. Incidentally, the employer’s agreement is required for taking the (converted) vacation days immediately after the end of the period of disability.
In short, the new regulation will have significant implications for employers as of 2024, and labor regulations are the tool of choice to translate these implications into practical agreements with employees. More so, as of Jan. 1, 2024, the labor regulations must specify the formalities the employee must comply with when an incapacity for work due to illness or accident occurs during a period of annual leave.
Therefore, an amendment to the labor regulations in application of the new legislation urges itself, updating the rights and obligations of the employer and employee. In doing so, the employer must always comply with the necessary disclosure obligations to its employees.
Do you have questions regarding this change or would you like to update your work rules to reflect the impending new rules on disability during vacation? Our social law specialists will be happy to help you.
